Back to Top

Back to Sentencing Tables Index
This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Manslaughter - Stabbing - Domestic 

Case

(age if known)

TypePleaRecordSentenceAppealFacts

Bogunovich

(1985) 16 A Crim R 456

Provocation

Stabbing - domestic

PG 4y Bond Stabbed husband after long history of domestic violence – on night of killing husband had struck offender outside club.

Philp

NSWSC

Abadee J

18.2.1991

Diminished responsibility

Stabbing domestic

Fight

PG 

MT 7y 6m

AT 2y 6m

 

Stabbed sister's de facto during fight - when threatened with spade handle retrieved knives from kitchen and inflicted 16 stab wounds - some degree of provocation

History of mental illness - schizophrenia - did not take medication

Whalen

NSW CCA

5.4.1991

Provocation

Stabbing - domestic

PG 

MT 5y

AT 3y

ADKilled husband with carving knife and axe - relationship had deteriorated - on day of killing verbally and physically abused by V

Peterson

NSW SC

22.5.1992

(Enderby J)

Provocation

Fight

Stabbing - domestic

PGunimportant

5y Bond

(PSC 5m)

 

Stabbed step brother in fight -element of self-defence - V aggressively picked fight with offender - both been drinking - no premeditation.

History of violence at hands of step father and brothers.

Spencer

NSWSC

Mathews J 18.12.1992

Provocation

Stabbing - domestic

PGNil3y PD 

Killed de facto husband with single stab wound - history of domestic violence - V physically and verbally abusing offender.

Fragile mental state.

Chayna

(1993) 66 A Crim R 178

Diminished responsibility

Young child

Stabbing - domestic

VG

3 x Murder

  

Conviction AA

3 x manslaughter substituted

 

MT 6y

AT 6y

 

2 x FT 6y

(concurrent)

Female invited sister-in-law to house and subjected her to 'frenzied attack', hiding body in backyard - later that night stabbed own daughter and left body in room for two days - stabbed second daughter two days later when she returned from camp.

Major depressive illness

Woolsey

NSWSC

Newman J

19.8.1993

Unlawful and dangerous

Stabbing - domestic

PGnil4y GBB History of domestic violence when V drunk – offender assaulted during argument with V - picked up knife to scare V off and stabbed him.

Nguyen

NSWSC

Allen J

23.9.1993

 

(1995) 36 NSWLR 397

Fight

Stabbing - domestic

VGNil

MT 2y 3m

AT 9m

Conviction ADStabbed sister's brother in law during fight - argument over treatment of sister - no intent to do GBH - intended to show V could not continue to treat sister badly and to prevent continuation of fight.

Thomas

NSWSC

Dunford J

3.11.1994

Provocation

Fight

Stabbing - domestic

PGmal wounding and assaults

MT 3y 6m

AT 3y

 Stabbed sister's ex de facto - history of violence - sister raped by V - night of stabbing fight broke out between offender and V as V tried to approach sister.

Josifovski

NSWSC

Smart J

25.1.1995

Diminished responsibility

Stabbing - domestic

PG 

MT 6y 9m

AT 6y 6m

 

Stabbed wife 51 times after she refused to have sex - considered killing himself but taken to police by relatives – suffering paranoid delusional disorder

History of mental illness and paranoia – history of violent acts towards V and threats on her life - Yugoslav migrant

Gilham

(25)

NSW SC

Abadee J

7.4.1995

Provocation

Stabbing - domestic

PGnil5y Bond 

Stabbed brother who had just killed their parents

Remorse - excellent prior character and prospects for rehabilitation.

Quinn

(37)

NSW SC

Abadee J

28.4.1995

Unlawful and dangerous

Stabbing - domestic

PGMinor

MT 1y 1m 20d

AT 2y 5m

 

Stabbed brother - using knife to prepare breakfast when argument developed - parried knife in response to punch from V

Both chronically and severely mentally ill - forensic patient at time of sentence - schizophrenic/bi-polar/ chronic schizo affective disorder

Simon

NSWSC

Bruce J

21.7.1995

Stabbing - domesticPG 

MT 2y

AT 3y

 Stabbed de facto husband during fight after day of drinking at hotel - history of domestic violence.

Barton

NSWCCA

28.7.1995

Diminished responsibility

Stabbing - domestic

PG

 

Sched:

Mal Wound

Ass

 

MT 8y

AT 8y

AA

MT 5y

AT 5y

During visit was attacked by elderly and mentally retarded neighbour with knife - responded by stabbing neighbour 24 times.

Intellectual (IQ of 67) and personality deficits meant inability to respond appropriately to attack

McIntyre

NSWSC

McInerney J

15.3.1996

Provocation

Stabbing - domestic

PGnil

MT 2y

AT 4y

 Stabbed de facto husband when he grabbed her hair - prelude on previous occasions to serious assault - relationship characterised by inhumane treatment of offender - consumed drugs and alcohol.

Varagnolo

NSWSC

McInerney J

21.3.1996

Unlawful and dangerous

Stabbing - domestic

PGmal wound but not relevant2y GBB 

Long history of violent relationship with V, including rape - night of killing violent argument, including assault on offender's young daughter - picked up knife with intention of frightening V - stabbing occurred when V moved towards offender

Very deprived background – part Aboriginal - stolen generation

Edwards

NSWSC

Simpson J

2.8.1996

 

(1996) 90 A Crim R 510

Unlawful and dangerous

Stabbing - domestic

PG 3y PD

Crown AA

MT 18m

AT 18m

Female stabbed male lover during argument.

Care for third party not exceptional circumstances.

Khan

(1996) 86 A Crim R 552

Provocation

Stabbing - domestic

VGnil

MT 2y

AT 3y

Crown AA

MT 4y

AT 2y

Stabbed wife's lover - devout Muslim - delay between finding wife with lover and arming himself.

EJ

(49)

NSWCCA

1.4.1997

Diminished Responsibility

Stabbing - domestic

PG

Mansl

2 x Att murder

nil

MT 12y

AT 6y

AA

MT 9y

AT 3y

Killed wife and attacked two daughters with tomahawk

In financial difficulties and concerned could not provide for family - manic depressive, bipolar affective disorder

Appleby

NSWSC

Ireland J

18.7.1997

Unlawful and dangerous

Fight

Stabbing - domestic

PGdishonesty and drugs

MT 3y

AT 3y

 Stabbed brother in fight with kitchen knife - single stab wound - intent to frighten - just woken from deep sleep and responding to argument between brother and girlfriend.

Lam

(40)

NSWSC [47]

Hidden J

20.3.1998

Unlawful and dangerous

Fight

Stabbing - domestic

VGminor assaults

MT 3

AT 2y

 Shared house with V - confrontation about V's unwelcome advances to offender's girlfriend - V became aggressive and tried to take up knife - offender grabbed knife first - multiple wounds as fight continued through house.

Bollen

(1998) 99 A Crim R 510

Unlawful and dangerous

Fight

Stabbing - domestic

VGminor

MT 4y 3m

AT 1y 3m

AA

MT 3y 4m

AT 1y 2m

 

HCA leave refused 11.2.2000

Lived in flat above garage next to V's house - history of much antagonism - V and brother verbally abusing offender - V later approached offender who lunged and stabbed V - deliberate but reactionary action.

Young

(mid 30s)

NSW SC

Levine J

20.5.1998

Provocation

Stabbing - domestic

PG2 bonds, mal damage, assault

MT 3y

AT 3y

 

7 stab wounds to husband - V started assaulting offender in argument about wine consumption - offender 'snapped' and went into frenzy - no premeditation

Stormy and volatile relationship - offender not passive, helpless victim - some prospects of rehabilitation.

Moore

NSWCCA

16.6.1998

Unlawful and dangerous

Stabbing - domestic

PGminor

MT 2y 11m 21d

AT 3y

AD

Stabbed de facto husband during violent argument - history of violence and alcohol abuse.

Aboriginal with violent past, including domestic violence - pancreatitis, PTSD, borderline personality disorder - truly remorseful - commenced rehabilitation.

Kennedy

(70)

NSWSC

Greg James J

30.6.1998

Unlawful and dangerous

Stabbing - domestic

PG 3y GBB 

Stabbed 78y husband once in stomach - died fourteen days later

Culpability affected by mental conditions including dementia – intoxication – poor health – abused by husband

Mitchell

(47)

NSWDC

Sides DCJ

11.12.1998

Unlawful and dangerous

Stabbing – domestic

PGminor

MT 9m

AT 27m

 

Aboriginal female stabbed de facto in leg during argument - severed artery and V bled to death - did not intend or believe serious injury would result - judgment impaired by intoxication.

Alcoholic with background of hardship and extreme disadvantage - remorse

Bryant

[1999] NSWCCA 181

Unlawful and dangerous

Fight

Stabbing - domestic

VG

(at murder trial)

other offences not specified

MT 6y 6m

AT 3y 6m

AD

During struggle in kitchen V savagely and brutally stabbed in chest and head - other wounds in body.

History of heavy drinking - remorse.

Korhonen

(16)

[1999] NSWSC 933

Hulme J

 

(K)

[2000] NSWCCA 24

Diminished responsibility

Provocation

Juvenile

Stabbing - domestic

VGinsignificant4y GBBCrown AD

Stabbed man he had been staying with – previous week had been sodomised by V – element of provocation

Developmental delays and profoundly disturbed - appalling childhood - gross psychiatric disturbances - ill equipped to deal with stress - positive evidence of rehabilitation

Tran

(37)

[1999] NSWSC 1146

Bell J

Substantial Impairment

Stabbing - domestic

VG 

MT 3y 6m

AT 2y 6m

 

Stabbed mother in law with scissors - wife stabbed in shoulder attempting to help - estrangement from wife caused primarily by V - had gone to house of wife to see her resulting in confrontation with V.

Excellent prospects of rehabilitation - severe depression

Howard

(31)

[1999] NSWSC 1228

Bell J

Provocation

Fight

Stabbing - domestic

VG

(at murder trial)

one juvenile offence

MT 5y

AT 1y 6m

 

Stabbed neighbour during argument at offender's flat.

Good prospects of rehabilitation.

Sherry

(38)

[2000] NSWCCA 35

Unlawful and dangerous

Stabbing - domestic

VGlengthy but minor alcohol related record

MT 2y 6m

AT 2y 6m

Crown AA

MT 3y 6m

AT 2y 6m

Stabbed de facto wife during violent altercation - stabbed wife below ear.

History of volatile and violent relationship - alcohol problems.

Kennedy

[2000] NSWSC 109

Barr J

Unlawful and dangerous

Stabbing - domestic

PG 4y GBB 

Stabbed de facto husband in chest once during confrontation - circumstances of offence unclear but history of extreme and cruel domestic violence - spontaneous offence

Genuine remorse – suicidal - violent childhood beaten first by mother then victim

Kirkwood

(63)

[2000] NSWSC 184

Bell J

Unlawful and dangerous

Stabbing - domestic

PGminor record

MT 12m

AT 18m

 

Aboriginal female had sexual relationship with V for 4-5 years - violent argument where V threw stool at offender and threatened her with knife - offender took knife and 'poked' V in chest.

Mildly intellectually handicapped – alcoholic - not prone to violence - health problems - carer for handicapped son.

Bryant

(31)

[2000] NSWSC 245

Dowd J

Diminished responsibility

Stabbing - domestic

VGnil for violence

MT 7y

AT 4y

 

Stabbed ex-girlfriend and cut her throat during argument - sentenced to concurrent 2 years for mal inflict GBH for assaulting male in face with baseball bat.

Long history of mental illness and drug addiction - delusional paranoid schizophrenic state

Fiu

(25)

NSWSC

Ireland J

1.6.2000

Diminished responsibility

Provocation

Stabbing - domestic

VG

(at murder trial – offered to plead to mansl)

nil

7y

NPP 3y 6m

 

Stabbed lover when he told her he would not marry her and did not love her - provoked by fact that V used her for sexual gratification only - high order of impairment to mental responsibility - depression

Attempted to kill self - West Samoan female - genuine remorse

Jans

(55)

[2000] NSWSC 525

Grove J

Substantial impairment

Stabbing - domestic

PGNil

PSC 6m

4y GBB

 

Stabbed wife with kitchen knife - found by police threatening to jump off 12 storey roof - undiagnosed Huntington's Chorea disease caused V to become irrationally abusive to offender over long period of time - suffered major depressive episode at time of killing

Forgiven by 3 children and low risk of re-offending.

Sette

(31)

[2000] NSWSC 648

Barr J

Substantial impairment

Young child

Stabbing - domestic

PGnil2y suspended for 2y 

Female removed 1y son from adoptive parents during access visit - stabbed him and hid body in dam - impulsive killing.

Significant depressive illness for long period of time and in dissociated state at time of killing

Forced into adoption by family - support of family – remorse - rehabilitation.

Kelly

(30)

[2000] NSWSC 701

Barr J

Provocation

Fight

Stabbing - domestic

PGirrelevant

7y

NPP 3y 6m

 

Stabbed victim during altercation in kitchen - V started physical fight pushing offender to ground and causing wound to head - offender feared further assault may cause death because of brain injury he suffered in accident in 1994 - stabbed V seven times in chest and abdomen with fishing knife - intent to do really serious injury - culpability low.

Aboriginal - immediate assistance to victim - confession to police - genuine remorse

Ko

(26)

[2000] NSWSC 1130

Kirby J

Diminished responsibility

Provocation.

Stabbing - domestic

PGNil

4y

NPP 18m

 

Stabbed husband 17 times - married V after he sexually assaulted her - unhappy and violent marriage - V forced offender to have abortion and seeking divorce - offender isolated and suffering major depression - attempted suicide.

Exemplary life prior to offence - model prisoner - genuine remorse

Dally

(47)

(2000) 115 A Crim R 582

NSWCCA

Provocation

Fight

Stabbing - domestic

VGassault 21 years ago

MT 6y

AT 2y

AD

Stabbed flatmate once in chest during argument over accommodation arrangements - picked up carving knife and V stabbed when he starting pushing offender around – no pre-meditation

Lonely life culminating in alcohol dependency - remorse.

Connolly

[2001] NSWSC 787

Dowd J

Substantial impairment

Stabbing - domestic

PG

(25%)

minor record

7y 6m

NPP 4y 6m

 

Stabbed wife after forming unfounded suspicion she was unfaithful to him - suffering delusional disorder focussed upon perceived unfaithfulness of wife - similar obsession with former wife - intoxicated at time of offence.

Remorse

Pello

(40)

[2001] NSWSC 650

Hidden J

Substantial impairment

Stabbing - domestic

PGinsignificant

5y 6m

NPP 3y

 

Stabbed female sharing house after V argued and abused other occupants of house for several hours - provocation assessed against background of stressful and exploitative environment of house - offence uncharacteristic - degree of provocation high - accepted provocation relevant to culpability.

Unhappy childhood in West Timor - miserable existence in Australia - genuine remorse - suffering psychiatric illness at time of offence - isolation in gaol.

Potts

(34)

[2001] NSWSC 753

Hidden J

Substantial impairment

Stabbing - domestic

VG

(at murder trial - 20% for offer)

armed robbery, minor drug and violence, street offences.

7y

NPP 3y 9m

 

Stabbed father in frenzied attack - deeply affected by deaths of mother and two siblings - history of aggression during previous exacerbations of illness

Schizophrenia

Bolt

(19)

[2001] NSWSC 747

Hidden J

 

(2001) 126 A Crim R 284

NSWCCA

Provocation

Stabbing - domestic

VG

(at murder trial - 25% for offer)

criminal record related to difficult background

5y 6m

NPP 2y 6m

Crown AA

6y

NPP 3y 6m

Stabbed mother to death - extremely dysfunctional childhood caused by violent and abusive treatment by mother - earlier in afternoon mother had ordered mentally ill daughter to leave house – lost control when mother verbally abused offender and poked him in chest - degree of provocation high

Unlikely to re-offend in this way – need for much rehabilitation - genuine remorse.

Melrose

[2001] NSWSC 847

McClellan J

Unlawful and dangerous

Stabbing - domestic

PG 4y GBB 

Aboriginal woman stabbed partner during violent argument – V had assaulted offender earlier in evening – long term domestic violence - isolated by move to another town and became depressed.

Remorseful and severe psychiatric reaction to killing - significant suicide risk

Gardiner

(46)

[2001] NSWSC 1147

Whealy J

Provocation

Stabbing – domestic

Fight

PG

(12%)

Lengthy minor matters only

7y 11m

NPP 5y

 

Stabbed flatmate during argument over rent money - V aggressive and abusive - stabbed V in neck - attempted to save V.

Special circumstances - no previous custody.

Murphy

(44)

[2002] NSWSC 150

Buddin J

Substantial impairment

Stabbing - domestic

PG

(25%)

nil

7y 6m

NPP 4y

 

Stabbed estranged wife's lover in their bed – element of provocation combined with substantial impairment – spontaneous offence.

Major depressive illness - devastated by marriage breakdown - considerations of deterrence and retribution much reduced - remorse - good prospects of rehabilitation

Mabbott

(35)

[2002] NSWSC 502

Hidden J

Substantial impairment

Stabbing - domestic

PGlengthy record – summary

7y

NPP 3y 6m

 

Female - stabbed step-brother in neck after being called a dog - prior de facto relationship with victim characterised by violence - suffering paranoid delusions since birth of youngest son and schizophrenic illness at time of offence

Improvement in mental condition - chaotic life including drug addiction, turbulent relationships and prostitution

Whiting

(35)

[2002] NSWSC 827

Levine J

Unlawful and dangerous

Stabbing - domestic

PG

(33%)

prior violence

5y 4m

NPP 3y

 

Stabbed de facto wife during domestic dispute - both parties affected by alcohol - V initiated attack with beer bottle and approached offender with knife - during struggle offender took knife and V stabbed once

Relationship characterised by violence of part of both victim and offender - suffering alcohol dependence and personality disorder - genuine remorse - strict protection

Lynch

(48)

[2002] NSWSC 1140

Whealy J

Provocation

Stabbing - domestic

PG

(15%)

 

Mal Wound

record related to drug addiction, AOABH and DV

7y 8m

NPP 5y 9m

 

4y 3m

NPP 3y 2m

 

Total:

8y 8m

NPP 6y 9m

 

Stabbed estranged wife and lover found in bed together - killed male – sentenced for malicious wounding of wife - build up of anger, distress, humiliation and jealousy over afternoon and evening - no intent to kill - degree of provocation quite high

Remorse

Yeoman

(43)

[2003] NSWSC 194

Buddin J

Unlawful and dangerous

Stabbing - domestic

PGNil4y GBB 

Stabbed de facto husband of 25y once in heart - both heavily intoxicated – not fully aware of actions due to effect of intoxication - element of provocation and long history of DV – stabbed V on previous occasion

Prior good character - isolation caused by recent move - grief over recent death of father - effect of imprisonment on 5y old son - genuine remorse - excellent prospects of rehabilitation

Laures

(66)

[2003] NSWSC 785

Sully J

Unlawful and dangerous

Stabbing - domestic

PGNil

8y

NPP 5y

 

Stabbed de facto wife once in chest during fight outside house – V terminated relationship – called 000 then stabbed himself

Diabetic – close relationship with own adult children – special circumstances

Yu

(33)

[2003] NSWSC 1153

Wood CJ at CL

Unlawful and dangerous

Fight

Stabbing - domestic

PGNil

5y

NPP 2y 6m

 

Illegal immigrant from Korea – became involved in physical fight with acquaintance at offender's home – double stab wounds to abdomen – no intent to stab – also struck V to head five times with golf clubs – suffering intoxication aggravated by extreme sleep deprivation – V aggressive and threatening and refused to leave house

Vulnerable – good character evidence – isolation in gaol – high prospects of rehabilitation

Marlow

(27)

[2003] NSWSC 1130

Studdert J

Provocation

Stabbing - domestic

VG

(at murder trial – 18% for offer)

Nil

9y

NPP 6y 9m

 Fatal stabbing with kitchen knife in V's home – extremely violent killing – sexually assaulted by V on 16th birthday – subsequent consensual sexual encounters - V attempted further sexual assault night of killing

Mercy

[2004] NSWSC 472

Adams J

Unlawful and dangerous

Stabbing - domestic

PG

(25%)

Nil

4y 1m

NPP 2y 3m

(3m PSC)

 

Female - stabbed de facto in back – intent to frighten – seeking to make stand in context of continuing physical and sexual abuse

Aboriginal with deprived and violent/sexually abusive childhood – serious drinking problem –– diabetic – recent coronary by-pass surgery – 8 children, including one with V – never been in paid employment

Muddle

(40)

[2004] NSWSC 403

Bell J

Excessive self defence

Fight

Stabbing - domestic

VG

(murder trial)

Minor

6y

NPP 3y

 

Became involved in sustained physical fight with younger and powerfully built male acquaintance during drinking session at offender's home – V threatened to kill then forced way into house – stabbed in upper back with knife - excessive self-defence to introduce weapon

Genuine remorse – reasonable prospects of rehabilitation

Clarke

(50)

[2004] NSWSC 1125

Barr J

 

[2008] NSWCCA 36

Provocation

Stabbing - domestic

VGLengthy record for dishonesty offences

8y

NPP 6y

AD

Stabbed neighbour after daughter complained of violent and heated argument – intent to inflict GBH – single thrust caused death – opportunistic – provocation not high – mid-range seriousness

Moderate prospects of rehabilitation

Ward

(54)

[2005] NSWSC 266

Whealy J

 

(2006) 166 A Crim R 273

NSWCCA

Excessive self defence

Stabbing - domestic

VG

(at murder trial)

Minor assault

7y

NPP 4y

AD

Stabbed male neighbour in throat with penknife used to open letters – V kicked offender with steel capped boots and punched him in head – not reasonable response to assault – history of poor relationship between neighbours

Immediate remorse – good character and good prospects of rehabilitation

Dunn

(60)

[2005] NSWSC 1231

Latham J

Provocation

Stabbing - domestic

VG

(at murder trial – offer to plead)

Nil

8y

NPP 5y

 

Stabbed female flatmate during argument – long history of taunting by V – intent to inflict GBH – offence slightly above mid-range

Socially isolated – organic brain damage due to alcoholism – genuine contrition

Wetherall

(38)

[2006] NSWSC 486

Patten AJ

Substantial impairment

Stabbing - domestic

PG

(20%)

Minor

3y

NPP 18m

 

Female - took knife to hotel and stabbed estranged de facto husband – responding to daughter's allegation that V sexually assaulted her – V previously accepted possibility he had sexually assaulted daughter on earlier occasion while drunk – provocation could be taken into account under s.21A(3) – not sufficient to come under s.23

Offender sexually abused by family members during childhood – Stress disorder – Immediate remorse – Mother to two daughters – Good character

Russell

(48)

[2006] NSWSC 722

Newman AJ

Provocation

Stabbing - domestic

PG 

6y

NPP 3y

 

Female – stabbed de facto husband during confrontation – history of domestic violence – intent to inflict GBH

Mildly intellectually handicapped – difficult personal; life – brain injury from accident

Jukes

(20)

[2006] NSWSC 1065

Hoeben J

 

[2008] NSWSC 126

Hoeben J

Unlawful and dangerous

Stabbing - domestic

PGNil

2y

NPP 12m

suspended

 

 

On breach of suspended sentence

2y

NPP 12m

 

Female – stabbed mother's boyfriend during confrontation in kitchen – instinctive act – single stab wound – low range culpability

Unfortunate background – mother to 5 children – youngest child disabled – immediate remorse – 90d PSC – 2y 6m rigorous reporting

Sentence subsequently breached after commission of further offence of BES, failure to comply with reporting and counselling conditions and continued amphetamine addiction – pregnant at time of re-sentence

Cavanough

(22)

[2007] NSWSC 561

Whealy J

Unlawful and dangerous

Stabbing - domestic

VG

(at murder trial – 10% for offer)

 

8y 2m

NPP 5y

 

Female stabbed male de facto during domestic argument – spontaneous act – element of provocation – history of disputes – suffering depression and anxiety

Aboriginal with deprived and violent childhood – sexual abuse – drug and alcohol addiction – functioning at borderline level – mother to 2y child – remorse – prospects of rehabilitation

King

(18)

[2007] NSWSC 1134

Fullerton J

Excessive self defence

Fight

Stabbing - domestic

PG

(25%)

Nil

4y

NPP 22m

 

Argument broke out with strangers outside family home of offender – 30-40 additional men arrived to continue fight – genuine fear for safety of self, brother and family including children in house – retrieved knife from house – stabbed V in neck – single stab wound - intent to inflict GBH only – low end of range of seriousness

Good character – long term relationship with young child - remorse

York

(31)

[2007] NSWSC 1470

Adams J

Unlawful and dangerous

Fight

Stabbing - domestic

PG

(20%)

 

5y

NPP 3y

 

Stabbed male during argument with neighbours in caravan park – element of self-defence – impulsive offence – holding knife in hand because using it as eating utensil – low culpability

Good character – prospects of rehabilitation – citizen of UK

Turuta

(44)

[2007] NSWSC 1505

Mathews AJ

Excessive self defence

Fight

Stabbing - domestic

VG

(at murder trial)

 

Assault

Nil

7y

NPP 4y 6m

 

 

FT 3m

(concurrent)

 

Fight broke with neighbour and friend after offender physically assaulted partner – stabbed neighbour in back and stomach

Extraordinary hardship to three children – serious physical deterioration of mother – born in Cook Islands

Stewart

(27)

[2008] NSWSC 563

Johnson J

 

[2009] NSWCCA 152

Excessive self defence

Stabbing - domestic

VG

(at murder trial – 12.5% for offer)

Priors including violence

10y 6m

NPP 7y 3m

ADAltercation between offender and V at house offender shared with mutual friend – asked by friend to leave - offender returned unannounced next afternoon – stabbed V 12 times with push dagger during punch up with V – armed with concealed weapon – intent to inflict GBH – high objective gravity

Kennedy

(40)

[2008] NSWSC 703

Fullerton J

Unlawful and dangerous

Fight

Stabbing - domestic

VG

(at murder trial – offered to plead)

Minor

6y

NPP 4y

 

Trivial argument with flatmate – struck back of head with heavy implement and stabbed once to back – no provocation – several acts of violence – no intent as result of intoxication (alcohol, drugs and pre-existing brain damage) – body found in unit after 27 days

Long term user of illegal drugs – genuine remorse – good prospects of rehabilitation

Ferguson

(36)

[2008] NSWSC 761

Barr J

Substantial impairment

Provocation

Stabbing - domestic

PGNil

7y

NPP 4y

 

Female entered sexual relationship with 22y male – unhappy relationship involving physical abuse, drug abuse and threats to kill – stabbed V during argument – impulsive and sudden offence – element of provocation

Major depressive disorder

Also suffering amphetamine abuse disorder – sexually abused as a child – remorse – prior good character

Podesta

(19)

[2008] NSWSC 1204

McCallum J

Substantial impairment

Stabbing - domestic

VG

(at murder trial)

Assault police – breached bond – minor traffic

8y

NPP 5y

 

Mother received prank calls alleging to be from boyfriend suggesting he had infected her with HIV – confronted and argued with boyfriend – stabbed boyfriend multiple times – acting under delusional belief he would be assaulted by V's associates – previously assaulted by V in home invasion – impaired capacity to judge right from wrong – impaired capacity to control actions

Schizophrenia

Chaotic and dysfunctional family life

Stewart

(30)

[2008] NSWSC 1359

Mathews AJ

Unlawful and dangerous

Stabbing - domestic

VG

(at murder trial – 15%)

Nil

6y 4m

NPP 4y

 

Stabbed husband during argument at home – spontaneous offence – combination of personality disorder and intoxication meant no required intent – V stabbed outside 16y son's bedroom - volatile relationship

Difficult and abusive childhood resulting in personality disorder and substance abuse – attempted suicide many times

Zeilaa

(73)

[2009] NSWSC 532

Howie J

Substantial impairment

Stabbing - domestic

PG

(25%)

Nil

4y 10m

NPP 2y 6m

 

Frenzied stabbing of 67y wife during argument over breakdown in relationship

History of verbal and physical abuse - dementia

Dowley

(41)

[2009] NSWSC 722

Hidden J

Substantial impairment

Stabbing - domestic

PG

(15%)

 

LMV

Disturbing record for violence

11y

NPP 7y

 

FT 12m

(concurrent)

 

Stabbed de facto partner and slit throat – took ice the night before

Paranoid delusional disorder

Drug addiction – not taking medication prior to offence – some insight

Hevesi-Nagy

(52)

[2009] NSWSC 956

Grove J

Substantial impairment

Stabbing - domestic

VG

(at murder trial – offer to plead)

nil

10y

NPP 6y

 

Female – with 14y son struck sleeping father of son with tomahawk – son armed with knife – offence planned over extended period - impairment of self-control only – son mentally ill – obsessed with keeping father from normal relationship with son

Delusional disorder of a persecutory nature substantially impairing capacity for self-control

Good prospects of rehabilitation

Lovett

(21)

[2009] NSWSC 1427

Barr AJ

Provocation

Stabbing - domestic

VG

(at murder trial)

Record for violence offences – breached conditional liberty

10y 8m

NPP 8y

 Aware V at house of estranged partner – returned to house, uninvited, at night, with knife – observed V and partner having sexual intercourse – stabbed V once in chest – assaulted V with garden stake, dragged him out onto lawn and kicked body

Worrall

(20)

[2010] NSWSC 593

Fullerton J

Substantial impairment

Stabbing - domestic

PG

(25%)

Nil

6y

NPP 4y 3m

 

Female stabbed 18y sister to death – difficult relationship characterised at times by physical fighting – purchased knife prior to killing – stabbed sister in neck as she emerged from bathroom

Suffering serious hormonal condition requiring constant medication –medication caused obesity affecting self-esteem and resulting in poor compliance with medication regime – mood disorder associated with non-compliance with medication prescribed for congenital adrenal hyperplasia

Prior good character - remorse

Doolan

(43)

[2010] NSWSC 615

Grove J

Unlawful and dangerous

Stabbing - domestic

PG

(20%)

Minor record – alcohol related

6y

NPP 3y 9m

 

Aboriginal female – stabbed partner – volatile relationship characterised by alcoholism and violence – both intoxicated – chased V with knife who responded in joking manner – stabbed once in chest – failed to appreciate dangerous nature of knife – lower end of scale of seriousness

Distress and remorse – reasonably good prospects of rehabilitation

Duncan

(44)

[2010] NSWSC 1241

Hidden J

Unlawful and dangerous

Stabbing - domestic

PG

(15%)

Minor – PCA offences

3y

NPP 1y 4m

 

Female stabbed partner once in abdomen – V came home from party, pushed offender out of bed and started argument over text message – offender grabbed knife in fear he would continue assault – impulsive response in heat of argument - history of physical and verbal abuse – immediate remorse

Excellent work record in welfare area – excellent prospects of rehabilitation

Goundar

[2010] NSWSC 1170

Kirby J

 

[2012] NSWCCA 87

Provocation

Stabbing - domestic

VG

(at murder trial – 17.5% for offer)

Breached bail

10y 8m

NPP 8y

AD

Stabbed male friend during confrontation at ex-marital home – angry because V had commenced sexual relationship with offender's estranged wife – planned confrontation although use of knife spontaneous – ferocious and sustained attack - placed in bath and left to die – intent to kill – disposed of body in bush with estranged wife – well above mid-range

Fijian Indian – drinking problem and adjustment and depressive disorder at time of offence

West

(18)

[2011] NSWCCA 91

Unlawful and dangerous

Stabbing – domestic

Fight

PG

(25%)

Children's Court – dishonesty, AOABH, driving

6y

NPP 2y

Crown AA

6y

NPP 3y

Stabbed brother of girlfriend during drunken argument at family gathering – single blow with scissors in heat of moment – not particularly forceful blow.

Intellectual disability – alcohol and cannabis abuse – just turned 18.

Quealey

(29)

[2011] NSWSC 42

Hall J

Unlawful and dangerous

Stabbing - domestic

VG

(at murder trial)

Record - Breached bond

6y

NPP 3y 6m

 

Stabbed de facto husband in thigh during argument – single stab - V behaved in aggressive manner – unplanned offence

Both had chronic substance abuse problems – difficult and abusive childhood

Bugmy

(27)

[2011] NSWSC 357

McCallum J

Unlawful and dangerous

Stabbing - domestic

PG

(25%)

Breached parole for mal wounding of different de facto partner – appalling record of violence against de facto partners

8y 3m

NPP 5y 6m

 

Stabbed de facto partner in back – heavily intoxicated – use of weapon

Drinking problem – breached condition of parole not to drink – breached apprehended violence order - psychosocial deprivation, alcohol and cannabis dependence, four year history of petrol sniffing and very low intelligence

Vulovic (No.4)

(53)

[2012] NSWSC 212

Johnson J

 

[2013] NSWCCA 340

Provocation

Fight

Stabbing - domestic

VG

(at murder trial)

Record including assault

9y

NPP 6y

AD

Stabbed male acquaintance during violent argument in offender's house – both parties intoxicated - provocative words and violence from V – offender partially strangled – intent to inflict GBH – substantial level of objective gravity

Reasonable prospects of rehabilitation

Singh

(22)

[2012] NSWSC 637

McClellan CJ at CL

Provocation

Stabbing - domestic

VG

(at murder trial – 25% for offer)

nil

8y

NPP 6y

 

Cut wife's throat with a Stanley knife during argument by ferocious attack -– during argument verbally abused by brother-in-law on telephone and V – V threatened to leave and have offender kicked out of country - married in India so both could move to Australia – long history of martial disharmony and violence – brutal and violent attack

Immature with no family or friends for support – suffering psychiatric disorder at time of offending – good prospects of rehabilitation

Won

[2012] NSWSC 855

Fullerton J

Provocation

Stabbing - domestic

VG

(at murder trial – 25% for offer to plead)

Nil

7y 6m

NPP 5y

 

Stabbed male acquaintance in arm severing arteries – stab wounds to back, chest and abdomen – found V having sex with offender's wife – intent to kill

Korean – exemplary character

Chen

[2012] NSWSC 1000

Schmidt J

Substantial impairment

Stabbing - domestic

PG

(25%)

 

6y 9m

NPP 3y 9m

 

Female fed ex-partner soup with sleeping tablets – stabbed sleeping V causing serious injuries to penis and severing arteries – history of emotional manipulation, cruelty towards son and dishonesty – panicked in repose to threats to take son

Suffering depressive disorder

Seymour

(24)

[2012] NSWSC 1010

Price J

Excessive self defence

Stabbing - domestic

VG

(at murder trial)

minor

6y 6m

NPP 3y 6m

 

Female stabbed mother in arm as act of excessive self-defence – V bled to death - history of verbal and physical abuse by V against offender – V a drug user – deliberate stabbing – failed to assist V but unaware could bleed to death – spontaneous offence

Deprived and dysfunctional childhood – suffering depression at time of offence

JC

(17)

[2012] NSWSC 1393

Barr AJ

Unlawful and dangerous

Juvenile

Stabbing - domestic

PG

(modest)

nil

5y 6m

NPP 3y

 

Female – stabbed 16y brother of de facto at offender's flat – reason for killing unclear – spontaneous offence

Troubled background – drug and mental health problems – probably in dissociative state at time of killing – remorse – chronic physical illness

Pitt

(40)

[2012] NSWSC 1549

Latham J

 

[2014] NSWCCA 70

Substantial Impairment

Fight

Stabbing - domestic

PG

(20%)

minor

8y

NPP 6y

AA

5y

NPP 3y

V and offender shared offender's housing commission house – prolonged physical argument where police called on numerous occasions and AVO taken out on behalf of offender – police declined to remove V from house – offender stabbed V in heart

Lengthy history of mental illness - alcohol, persecutory beliefs concerning the actions of the victim, and untreated schizophrenia

Hollaway

(22)

[2013] NSWSC 218

Price J

Substantial impairment

Stabbing - Domestic

PG

(20%)

Record but no prison

5y 4m

NPP 3y

 

Female – staying at home of male acquaintance after time in psychiatric unit – responded to perceived threat by victim that he would rape or murder her – grabbed knife in house and stabbed victim several times – body not discovered for several months – victim had brain damage causing sexual and violent inhibition – element of provocation

History of mental illness – suffering psychosis – significant reduction in moral culpability – remorse – disrupted and abusive childhood including sexual abuse leading to early drug abuse

Hassan

(54)

[2014] NSWSC 280

Garling J

Provocation

Domestic - Stabbing

VG

(at murder trial - 25% for offer)

nil

12y

NPP 9y

 

Stabbed wife multiple times during argument at family home – responding to low level verbal provocation – brutal and vicious assault on wife cowering under blankets in bed

Born in Sudan – relatively safe childhood – good character

Villalon

(27)

[2014] NSWSC 1261

Price J

 

[2015] NSWCCA 229

Substantial impairment

Stabbing – domestic

VG

(at murder trial – discount for offer increased to 25% on appeal)

nil

8y

NPP 5y 6m

7y 6m

NPP 5y 1m

Stepfather abusive towards offender - also concerned about inappropriate sexual behaviour towards offender's sister – stabbed V and hit over head with hammer – element of provocation – unplanned offence

Schizophrenia – low risk of re-offending - remorse.

Catley

(27)

[2014] NSWCCA 249

Substantial impairment

Stabbing - domestic

VG

(at murder trial: discount for offer)

 

2 x animal cruelty

minor

11y

NPP 8y

 

 

 

FT 2y

 

Total:

12y

NPP 9y

AD

Assaulted mother and stabbed her twice during argument – killed two cats by slashing throats

Psychotic - depression

Wang

(23)

[2016] NSWSC 222

RS Hulme AJ

Unlawful and dangerous

Stabbing – domestic

VG

(at murder trial – 17.5% for offer)

Nil relevant

6y 6m

NPP 4y 6m

 

Good friend of victim and shared unit – after night of drinking in unit with friends argued with victim – retrieved knife from room and fatally stabbed victim in leg – cause of argument unclear

Genuine remorse

Anderson

(39)

[2016] NSWSC 399

Hall J

 

[2018] NSWCCA 49

Excessive self defence

Stabbing - domestic

PG

(20%)

Significant – includes violence – breached bail

12y 9m

NPP 9y 6m

12y

NPP 9y

Stabbed estranged pregnant partner once in chest – forced entry into unit victim visiting and scuffled with three females – pushed one female causing all to fall – victim retrieved kitchen knife and approached offender – stabbing occurred during struggle for knife during struggle offender grabbed knife and stabbed victim

Parker (No.2)

(55)

[2016] NSWSC 813

Rothman J

Stabbing – domestic

Substantial impairment

VG

(at murder trial - 25% for offer)

Record for violence

7y

NPP 3y 6m

 

Female stabbed partner once in back – circumstances unclear – victim intoxicated and self-harming - below mid-range

Aboriginal with deprived and dysfunctional childhood - severe cognitive deficits exacerbated by alcoholic abuse – involved in abusive relationships – profound remorse

Jenbare

(52)

[2016] NSWSC 1317

McCallum J

Substantial Impairment

Stabbing – domestic

PG

(25%)

Nil

9y

NPP 5y

 

Stabbed V female partner – V planning to arrange fake marriage between herself and her nephew so he could live in Australia – offender did not agree - would have to make false declaration – abandonment - stabbed V eight times

Underlying condition of severe, post-traumatic stress disorder, depression and cognitive impairment as survivor of torture while political prisoner in Ethiopia and trauma in refugee camps - prior good character.

Tabalbag

(31)

[2016] NSWSC 1570

Mathews AJ

Provocation

Stabbing – domestic

VG

(at murder trial - 25% for offer)

 

Sched:

AOABH

Nil

6y

NPP 4y 6m

 

Came home unexpectedly during day to find female partner have intercourse with male acquaintance – pursued male into bathroom and stabbed several times – spontaneous act – cut finger of female partner – slightly below mid-line

Prior good character – good prospects of rehabilitation – remorse – out of character

Ukropina

(57)

[2016] NSWCCA 277

Substantial Impairment

Stabbing – Domestic

PG

(25%)

Nil

6y 9m

NPP 4y 9m

AA

6y

NPP 4y

Father stabbed 29y daughter in back during argument – suffering severe depression with psychotic tendencies

Genuine remorse – suicide attempts in custody

Abdallah

(31)

[2018] NSWSC 729

Lonergan J

​Unlawful and dangerous

Stabbing domestic

​VGnil significant – breached bond
​9y

NPP 6y 9m

​Female stabbed 21y female cousin once in chest during physical fight - ran into kitchen to retrieve knives and followed by victim - spontaneous offence - cousin staying with offender – became angry with cousin over use of car and phone without permission

Drug problems

Last Updated: 21.6.2018

 

 Back to Sentencing Tables Index