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

 

Manslaughter - Unlawful and Dangerous Act    

Case
(age if known)

TypePleaRecordSentenceAppealFacts

Manning

NSWCCA

15.4.1988

Unlawful and dangerous

Shooting - domestic

PGnil

5y

NPP 2y

ADShot husband - good relationship with history of violent arguments – on night of killing had argument over phone - went to friend's house and obtained rifle - shot at husband in dark intending to frighten him when he arrived home.

Roberts

NSW SC

(Hunt J)

31.8.1989

Unlawful and dangerous

Shooting - domestic

PGNil2y GBB Aboriginal female shot husband - history of domestic violence - physical & psychological abuse - treated like a 'dog' - husband had ongoing affair - on day of offence violent argument - intended to shoot husband in leg but confrontation led to shooting in chest.

French

(16y)

NSW SC

Wood J

2.10.1990

 

JPL

(16y 5m)

NSWCCA

5.10.1994

 

J

(16y 4m)

NSW CCA

5.12.1992

 

Young

NSW SC

B-Parker J

15.4.1991

Unlawful and dangerous

Assault – general

Juvenile

Accessory

PG

 

 

 

 

 

PG

 

 

 

 

 

PG

 

 

 

VG

(at murder trial)

priors and tragic upbringing

 

 

 

no priors

 

 

 

 

 

No priors

 

 

 

No priors

MT 4y 6m

AT 2y

(assistance)

 

 

 

MT 7y

AT 2y

 

 

 

 

MT 5y 6m

AT 2y 6m

(assistance)

 

MT 5y

AT 3y

(JJD to 21)

 

 

 

 

 

 

AA

MT 6y

AT 3y

8 young people involved in assault - telephoned number from toilet wall to arrange meeting with homosexual V, then bashed him to death.

F – involved in assault

JPL – took part in assault but intended only to bash and rob

J – involved in attack

Y – did not physically participate in attack – intended less serious harm - completed HSC and some employment - emotionally immature – remorseful - low risk of reoffending.

Three offenders convicted of murder (Howard & Ors (1992) 29 NSWLR 242)

Dodd

(1991) 57 A Crim R 349

(NSWCCA)

Unlawful and dangerous

Assault - general

PG 3y PD

Crown AA

FT 3y

Strangled V after she refused sex - voluntary disclosure of guilt to otherwise unsolved crime after 10 years - had sex with woman's body - affected by drugs

Jennar

NSWCCA

4.3.1991

Unlawful and dangerous

Shooting - general

VG

Manslaughter

Rob with wound

 

20y

NPP 15y

(concurrent sentence)

AA

MT 7y 7m

AT 2y 6m

Killed V with shotgun - believed he had been ripped off in drug deal.

Affected by sleeping pills and need for drugs.

Harris

NSWSC

Abadee J

7.3.1991

Unlawful and dangerous

Assault - domestic

PGno violence, drug related

MT 5y

AT 1y 8m

 

Punched and kicked de facto in street because she kept falling over (intoxicated).

Alcohol problem for both offender and victim

Taouk

NSWSC

Abadee J

28.3.1991

 

NSWCCA

20.3.1992

Unlawful and dangerous

Stabbing – general

Fight

PGnil

MT 5y

AT 2y

AA

MT 3y

AT 3y 8m

Brawl in night club one week before – on night of killing V approached offender in hotel and commenced to harass and assault him – stabbed using knife carried for general use, not armed with knife for purpose of violence.

Farrar

NSWCCA

6.5.1991

Unlawful & dangerous

Motor vehicle

 appalling driving record including culpable driving causing death

MT 13y 8m

AT 4y 5m

AA

MT 10y 8m

AT 3y 8m

Drove car into side of tree killing police officer holding on to the side

Alcohol involved.

Ryan

(46)

NSWSC

Abadee J

25.7.1991

Unlawful and dangerous

Shooting - domestic

PG 

MT 3y 4m

AT 1y 1m

(PSC 1.5m)

 

Shot wife with shotgun - deliberately placed gun near V, threatening her

Moderately affected by alcohol.

Bailey

NSWSC

Hunt J

18.9.1991

Unlawful & dangerous

Drowning

Assault - domestic

 minor

MT 3y

AT 1y

(discount for assistance)

 

Co offender Norton convicted of murder - assaulted flat mate on beach and dragged him to water - died from drowning.

Alcoholic - 33% discount for assistance to authorities.

McMillan

NSWSC

Slattery AJ

17.12.1992

Unlawful and dangerous

Shooting - domestic

VGPCA and unlicensed driver

MT 5y

AT 3y

 Turbulent relationship with female V - on day of shooting V told him to leave - pointed rifle at V and it discharged - affected by alcohol.

O'Brien

(17)

NSWCCA

29.4.1993

Unlawful and dangerous

Juvenile

Shooting – general

Fight

VG

Mansl

 

Shoot with intent

nil

MT 7y

AT 6y

ADIntoxicated youth had confrontation with V and others on street - obtained gun from home then used it to facilitate escape from second confrontation.

McGrath

(19)

NSWSC

McInerney J

14.5.1993

Unlawful and dangerous

Assault - general

PGlong record – breached bail

MT 3y

AT 2y

 

Intoxicated male assaulted V with female co offender - kicked V while on the ground - believed V had made sexual advances to female.

Alcohol problem and some degree of impairment – Aboriginal - contrition.

Cooper

NSWSC

Studdert J

25.6.1993

Unlawful and dangerous

Assault - general

PGPriors – breached bond

MT 5y

AT 4y

 Unprovoked attack on stranger who answered door - struck V to the ground and stomped on head - intoxicated.

Brown

NSWCCA

13.7.1993

Unlawful and dangerous

Assault - general

PGnil

MT 6y

AT 3y

AD

With co offender bashed V who was walking home from party with wife - brutal and senseless killing

Samoan - intoxicated.

Stevens

(18)

NSWCCA

15.8.1993

Unlawful & dangerous

Negligence

Motor vehicle

PG 

MT 7y

AT 2y 4m

AA

MT 5y 6m

AT 2y 6m

After drinking spree decided to steal car - killed owner who was seeking to prevent car being stolen.

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.

Fletcher

NSWSC

Newman J

20.8.1993

Unlawful and dangerous

Fight

Stabbing - general

VGserious record - offence committed on parole

MT 4y

AT 5y

 

During fight with stranger stabbed him twice in chest.

Much evidence of rehabilitation.

Chapple

NSWCCA

14.9.1993

Unlawful and dangerous

Assault - general

PGbail

MT 6y

AT 3y

[5.5m PSC]

ADAssaulted V with co offenders having been told V slept with his wife - failed to obtain medical assistance.

Vangelder

NSW CCA

28.2.1994

Unlawful & dangerous

Young child

Assault - domestic

VGnil

MT 3y

AT 2y

AD

Female baby-sitter killed 4 month old baby by shaking - mistreated baby previously for 'misbehaviour'.

Low intelligence.

Aslan

(18)

NSWSC

Ireland J

1.11.1994

 

El Kerdi

(17)

NSWSC

Ireland J

1.11.1994

 

Co-offender:

EL BADAR

1995

Unlawful and dangerous

Shooting – general

Juvenile

Accessory

Fight

PG

 

 

 

 

 

PG

Record for violence – breached bail

MT 2y

AT 3y

(assistance, cumulative)

 

 

MT 3y

AT 3y

(assistance)

 

Drive by shooting at dance party - three shots fired, killing one person and injuring another - retaliation for being forced to leave party after fight.

El-Kerdi – shooter - possibly under the influence of Rohypnol at the time - early plea.

Dixon

(under 17)

 

Dunn

(under 17)

 

NSWSC

Loveday J

18.11.1994

Unlawful and dangerous

Assault – general

Juvenile

PG

Mansl

Robbery

Assault

no priors

 

 

serious record

MT 5y

AT 4y 6m

 

MT 6y

AT 4y 6m

 

Intoxicated Aboriginal males assaulted 69y during robbery - V died as a result of injuries - assaulted another victim with broken bottle and stake

Both offenders had alcohol addiction

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

ALH

NSWSC

Dunford J

26.5.1995

Unlawful and dangerous

Assault – general

Juvenile

PGjuvenile convictions

MT 3y 6m

AT 4y

Detention

 

Aboriginal juvenile bashed V in company, suspecting him of stealing - hard punch to head caused death.

Intellectually disabled - contrite

Maguire

NSWCCA

30.8.1995

Unlawful and dangerous

Shooting – general

Fight

VGpriors but not for violence

MT 8y

AT 2y

ADAltercation at club with V - returned with gun and resumed fight - accidental discharge - intoxicated.

MacDonald

NSWCCA

12.12.1995

Unlawful and dangerous

Stabbing – general

Fight

PGon probation for unlawful wounding

5y GBB

[PSC 17m]

Crown AA

MT 3y

AT 2y

Stabbed school teacher with fishing knife after altercation with students - students had stolen property - offence spontaneous

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.

Camp

(45)

NSW CCA

3.9.1996

Unlawful & dangerous

Accessory

Arson

VGno prison

MT 5y

AT 3y

ADAccessory before the fact - arranged to have shop burnt down - resident living over shop died.

Lamb

NSWCCA

3.4.1997

Unlawful and dangerous

General

Accessory

VGnil

MT 2y

AT 2y

AD

Female - principal in the second degree - co-offender injected self, offender and V with drug - V asked for more and offender reluctantly agreed to have co-offender inject more - tried to obtain help - intended no harm.

Low intellectual capacity – Aboriginal - assistance re drug dealer - rehabilitation.

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.

Hampton

(22)

NSWSC

Dunford J

17.10.1997

 

(1998) 101 A Crim R 399

 

Mackey

(18)

NSWSC

Dunford J

17.10.1997

 

[1999] NSWCCA 167

Unlawful & dangerous

Arson

Accessory

PG

3 x mansl

 

Sched:

Robb

 

 

 

 

PG

lengthy record including robbery and mal damage - on parole and bail.

 

 

 

priors including assault, stealing, BES

MT 8y 6m

AT 2y 6m

 

 

 

 

 

 

 

MT 6y

AT 2y

AD

 

 

 

 

 

 

 

 

AD

Fire at private residence killed one adult and two children - H instigator and principal offender - M principal in second degree - both had previous arguments with occupants of house.

H: Aboriginal female - good prospects of rehabilitation.

M: Aboriginal male - good background - genuine remorse - excellent prospects of rehabilitation.

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.

Pham

(22)

NSWSC

Hidden J

15.5.1998

Unlawful and dangerous

Stabbing - general

PGminor - not significant

MT 5y

AT 3y

 Robbed two pedestrians with co-accused - later attempted to rob V who pulled a knife - struggle ensued and V stabbed in chest - low range of culpability

Bessant

(25 at offence)

NSWSC

Smart J

20.5.1998

Unlawful and dangerous

Shooting - general

VGbad record - committed AR four days after shooting.

MT 12y

AT 6y

 

(earliest release date 31.5.2001)

 

Re-determination under s.13A

1987 - contracted to drive past and fire at house to frighten occupants - 5y girl killed - dispute between neighbours.

Substantial rehabilitation although minor drug matters in gaol - when eligible for release will have spent 15y 10m in gaol.

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

Hayne

NSWCCA [429]

18.9.1998

Unlawful & dangerous

Negligence

Arson

VG FT 18mAD

Arguing with wife - splashed petrol around living room and set it alight - tried to rescue wife but failed.

Suffered severe burns himself.

PN

(17)

NSWSC

Barr J

30.10.1998

Unlawful and dangerous

Stabbing – general

Fight

Juvenile

PGassaults committed in gaol awaiting sentence; on bond at time of offence

MT 8y

AT 4y

 

Pacific Islander - brother involved in earlier fight with aborigines - armed with knife went back with others to continue fight - stabbed one victim in back and fatally stabbed second victim under influence of alcohol and cannabis.

Tragic background – mother suicided when offender 2y, then watched sister suicide when 7y – low average intellectual disability.

MHN (No.2)

(17 – 20 at sentence)

NSWSC 553

Kirby J

20.11.1998

Unlawful and dangerous

Stabbing – general

Fight

Juvenile

PG 

FT 4y

 

(representing NPP – concurrent to murder sentence)

 

Unarmed Vietnamese youth followed from skating rink and attacked by group wielding weapons – picked up knife dropped by assailants and fatally stabbed one male attacker and wounded second male – not aggressor – element of provocation and diminished responsibility

Volunteered previously unknown guilt to police – unhappy childhood – suffering depression – sentenced at similar time for murder - MHN NSWSC 29.10.1998)

Williams

NSWSC

Adams J

30.11.1998

 

NSWCCA [136]

14.4.2000

Unlawful and dangerous

Assault - domestic

VG

(at murder trial)

prior assault on mother

MT 6y

AT 2y

AD

Struck frail and elderly mother about face and head at home while intoxicated.

No significant remorse or contrition.

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

Lewis

[1999] NSWSC 131

Sully J

Unlawful and dangerous

Stabbing – general

Accessory

PGmal wound with w/i GBH – breached bail and parole

MT 6y

AT 3y

 

Member of Rebel Motorcycle Club - helped bouncer remove V who was being a nuisance at hotel - punched and kicked V - left scene but other club members continued assault - V stabbed to death

Seriously assaulted in gaol because wife giving evidence - good prospects of rehabilitation - backdated 4y for time already served

Grenenger

(22)

[1999] NSWSC 380

Sully J

Unlawful and dangerous

Fight

Assault - general

VGnil

MT 18m

AT 18m

 

Struck V with bar stool during pub fight.

Good character and remorse.

TM

(17)

[1999] NSWSC 504

Hidden J

Unlawful and dangerous

Fight

Juvenile

Stabbing - general

PGnot relevant

MT 3y

AT 2y

JJ detention

 

Chased V with friends after confrontation in pub - friends kicked and punched V to ground - offender stabbed V in leg causing death.

Good prospects of rehabilitation, supportive family.

Nguyen

[1999] NSWSC 592

McInerney J

 

[2000] NSWCCA 45

Unlawful and dangerous

Fight

Assault – general

Accessory

PGnil

MT 3y

AT 1y

(PSC 2y)

AD

Group attack on V at dance hall following dispute - hit V with baseball bat - unprovoked assault - part of common enterprise to assault and attack V

Good character and family support.

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.

Robson

[1999] NSWSC 855

Barr J

Unlawful and dangerous

Assault - domestic

PGassault, minor drugs

MT 3y

AT 2y

 

Assaulted V in company to "teach him a lesson" for taking wife's car and damaging it - V had lived with offender and his wife for a time – intoxicated

Good prospects of rehabilitation - married with large and supportive family – drug problems

Papandrea

[1999] NSWSC 978

Studdert J

 

[2000] NSWCCA 499

Unlawful and dangerous

Shooting - general

PGnot relevant

MT 6y

AT 3y

ADShot acquaintance at close range - circumstances of shooting not clear - both affected by drugs.

Khouzame

(19)

[1999] NSWSC 979

Grove J

 

[2000] NSWCCA 505

Unlawful and dangerous

Fight

Assault - general

VG

Mansl

 

AOABH

nil

MT 3y

AT 2y

 

FT 3m

(concurrent)

AD

Struck another teenager in street with block of wood - part of fight between Lebanese and Turkish groups.

Good character - close and supportive family - good prospects of rehabilitation.

Horton

(53)

[1999] NSWSC 983

Studdert J

Unlawful and dangerous

Stabbing - general

PGminor

MT 5y

AT 3y

 

Female - stabbed friend in heart after heavy drinking

Alcoholic with dependent personality disorder.

Oinonen

(62)

[1999] NSWCCA 310

Unlawful and dangerous

Shooting - general

VG

(at murder trial – offer to plead)

not stated

MT 8y

AT 3y

AA

MT 6y

AT 3y

Intoxicated male confronted V about stolen opals - fired at V as he ran away

Nikau

[1999] NSWCCA 322

Unlawful and dangerous

Fight

Stabbing - general

PG 

MT 8y

AT 4y

AD

Stabbed V during street fight between Pacific Islanders and Aborigines - affected by drugs and alcohol

Youthful offender.

SMP

(17)

[1999] NSWCCA 318

Unlawful and dangerous

Juvenile

Stabbing - general

PGnil

MT 4y

AT 3y

AA

MT 2y 9m

AT 2y 9m

Detention

Stabbed V after he attacked offender with knife by surprise – V suffered mental problems and drug addiction - no suggestion offender carrying knife with intent to injure - no premeditation or ill will.

Nguyen

(mid 40s)

[1999] NSWCCA 333

Unlawful and dangerous

Assault - domestic

PG

Mansl

 

Kidnapping

 

2 x Mal discharge rifle

 

Sched:

6 x discharge firearm

nil

MT 6y

AT 4y

 

FT 4y

 

FT 4y

(all concurrent)

ADWent to ex-girlfriend's house armed with rifle to confront her about money owing - tied up sister and mother - siege developed when police arrived and gunfire exchanged - mother died from asphyxiation caused by being gagged and rib broken.

Wright

(31)

[1999] NSWSC 1087

Bell J

Unlawful and dangerous

Fight

Stabbing - general

PG 

MT 4y

AT 3y

 

Stabbed V four times in fight outside hotel – V intoxicated and initiated fight - offender suffering exaggerated sense of danger and carrying knife following assault several weeks earlier - spontaneous offence.

Good prospects of rehabilitation.

Nardoni

(26)

[1999] NSWSC 1097

Grove J

Unlawful and dangerous

Assault - domestic

PGassault, mal injury, nuisance offences

MT 2y

AT 3y

(PSC 1y)

 

Assaulted de facto wife - died of head injuries next morning.

Violent relationship - alcohol and drugs.

Cramp

(55)

(1999) 110 A Crim R 198

NSWCCA

Negligence

Unlawful & dangerous

Motor vehicle

VG2 x PCA

MT 7y

AT 2y 4m

AD"Worst case category" - allowed 16y intoxicated female to drive vehicle at high speed - ran into telegraph pole killing driver - 3 young children in car - looking after V and children who were neighbours.

TJP

(16)

[1999] NSWCCA 408

Unlawful and dangerous

Assault – general

Juvenile

PG

assault, robbery;

on recog

MT 2y 11m

AT 3y

(PSC 1m)

AD

Aboriginal female bashed and robbed 67y male with two co offenders.

Alcohol and cannabis user since 11 years old.

Wilson

(40)

[1999] NSWSC 1235

Newman J

Unlawful and dangerous

Drowning

Assault - domestic

PGNil3y GBB 

Assaulted father on boat then threw body overboard wrongly believing him to be dead - father drowned - assault in response to threats made by father against offender's girlfriend - father violent record, on bail for conspiracy to murder.

Good character - service in Naval Reserve - early acknowledgment of guilt - genuine remorse - suffering abnormality of mind at time of offence.

Risteski

(22)

[1999] NSWSC 1248

Dunford J

Unlawful and dangerous

Fight

Assault - general

PGminor record reflecting alcohol problem

MT 3y 6m

AT 2y

 

Killed English tourist with one punch to back of head during brawl between friends and English tourists after watching soccer match on TV - attempted to punch and kick deceased while on ground - intoxicated.

Good character - supportive friends and family - excellent prospects of rehabilitation.

Chami

(20)

[1999] NSWSC 1268

Studdert J

Unlawful and dangerous

Fight

Stabbing - general

PGon bail for firearm offences

MT 5y 6m

AT 3y

 

Stabbed stranger in brawl outside nightclub.

Contrition, drug user, prospects of rehabilitation.

Tran

(39)

[1999] NSWCCA 443

Unlawful and dangerous

Shooting - domestic

PGdriving offences

MT 4y 6m

AT 1y 5m

AD

Male shot teenage brother - suspected victim stealing from mother - accidentally shot V in head with licensed pistol trying to scare him.

Married with 5 children.

Naudin

(39)

[2000] NSWSC 18

Dowd J

Unlawful and dangerous

Fight

Stabbing - general

PGminor

MT 3y

AT 3y

 

Arguing with friend who threatened offender with knife - turned knife back on V, stabbing him in abdomen - immediate remorse - both intoxicated.

Suffering acute psychotic illness in gaol.

McLaughlin

(20)

NSWSC

B-Parker J

24.2.2000

Unlawful and dangerous

Shooting - domestic

VG

(at murder trial – offered to plead to mansl)

Nil

MT 4y 6m

AT 3y

 Shot girlfriend in hospital – emotionally upset at Vs intention to end relationship – fired 6 shots hitting girlfriend in face – no intent to shot V – intended to kill self – discharge involuntary

Esposito

(29)

[2000] NSWSC 284

Dunford J

Unlawful and dangerous

Stabbing - general

PGdrug related record - breached recog at time of offence

MT 8y

AT 4y

 

Female stabbed man she just met a bar - affected by drugs and possibly motivated by robbery.

Has had some employment – drug and alcohol treatment and counselling in custody.

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.

Luong

(17)

[2000] NSWSC 505

Sully J

Unlawful & dangerous

Negligence

Juvenile

Shooting - domestic

VGnil

4y

NPP 2y

 

Hosted party for school friends at family home - while displaying gun deliberately fired at 16y female friend mistakenly believing no live ammunition in gun.

Excellent subjective features.

Ryan

(27)

[2000] NSWSC 724

Adams J

Unlawful and dangerous

Motor vehicle

PG

2 x mansl

minor traffic infringements

7y 10m

NPP 5y 10m

(2m PSC)

 Driver of semi-trailer struck two cars driving in oncoming lane of six lane highway divided by median strip - intentionally drove across median strip - affected by methamphetamines and tiredness - failed to comply with driving restriction and falsified logbook - took drug to keep alert and enhance driving, not intending to be intoxicated.

Hyatt

(22)

[2000] NSWSC 774

Barr J

Unlawful and dangerous

Assault - general

VGnil

5y

NPP 2y

 

After minor confrontations with supervisor at work became concerned about security of employment - approached supervisor and on spur of moment struck him on head with wood - no intent to do really serious harm.

Completely out of character - lost temper as result of intense anxiety - remorse.

Mika

 

Sagato

 

(2000) 116 A Crim R 31

NSWSC

Grove J

Unlawful and dangerous

Young child

General

PGNil

2y

suspended sentence

 

Husband and wife held down 3y child while mother poured water down his throat - all held genuine and religious beliefs about demons and believed child needed to be exorcised

Mother of child found mentally ill.

Intense religious beliefs – remorse – parents to four children.

Howard

(26)

[2000] NSWSC 876

Studdert J

 

[2001] NSWCCA 309

Unlawful and dangerous

Young child

Assault - domestic

PG

(10%)

previous convictions including assault on 7 week old daughter

7y 6m

NPP 5y 6m

AA

Length of sentence confirmed but backdated to take into account PSC

Severe shaking of 8 month old son of de facto - no pre-meditation but lost temper at time of offence - previous shaking of daughter should have heightened awareness of consequences of shaking.

Strict protection.

Sandness

(32)

[2000] NSWSC 821

Dunford J

 

(Sandnes)

[2001] NSWCCA 385

Unlawful and dangerous

Assault - general

PGMinor - BES and assault

11y

NPP 8y 6m

AD

Went with girlfriend to home of her 80y frail grandfather to steal money for heroin for both of them - assaulted V with brick and punched him in face.

Some attempts made at rehabilitation.

Sutcliffe

(25)

 

S McGoldrick

(21)

 

L McGoldrick

(17)

 

[2000] NSWSC 825

Adams J

Unlawful and dangerous

Juvenile

General

PG 

5y 3m

NPP 3y

 

4y 5m

NPP 2y 3m

 

2y 6m PD

 

Four offenders involved in pushing large rocks off motorway overpass attempting to strike truck trailers - one rock smashed through windscreen of V's truck causing death - went to assistance of driver but attempted to conceal involvement in offence.

S: most culpable - limited intelligence – immature - psychological handicaps - genuine remorse - strict protection - good prospects of rehabilitation.

S.McG: less than average intelligence – immature – remorse - onerous conditions of bail.

L.McG: least culpable – immature – remorse

Graham

(20)

[2000] NSWSC 1033

Whealy J

Unlawful and dangerous

Assault - general

VG

(at murder trial)

nil

5y

NPP 3y

 

Became involved in homosexual encounter with stranger in park - pursued by victim when changed mind and attempted to disengage - strangled victim in headlock acting in unreasonable fear for safety.

Youth - good character - suffering depression - isolated incident.

Bilton

(32)

[2000] NSWSC 1113

Bell J

Unlawful and dangerous

Assault – domestic

Young child

VG

Mansl

 

AOABH

nil relevant

7y

NPP 4y 6m

 

FT 6m

(concurrent)

 

Punched two year old son of de facto in chest then severely shook child when child gasping for breath - angered by child's crying - threw tube of ointment at child.

Not living with child and mother - limited intellectual ability – remorse - threatened in custody.

Bellamy

(30)

[2000] NSWSC 1217

Wood CJ at CL

Unlawful and dangerous

Assault - general

PG

Mansl

 

AR

 

Agg BES

 

Sched:

Four offences

very lengthy - offences committed while on parole

5y

 

 

5y

 

4y

 

Total:

10y

NPP 7y 6m

 

Bashed and kicked to death 57y male in V's home after V made homosexual advances - previously raped in gaol - assaulted and robbed V's 88y mother before leaving house - broke into home of V one week later and stole property - under influence of Normison. Heroin addict.

Ellis discount in relation to manslaughter; remorse

Munro

(20)

[2000] NSWSC 1225

B-Parker AJ

 

[2001] NSWCCA 187

Unlawful & dangerous

Assault – domestic

Fight

VG

(at murder trial)

Minor

3y

NPP 11m 28d

Conviction AD

Bashed male neighbour to death with cricket bat - V and brother approached offender's house in early hours of morning and attempted to assault offender with cricket bat - offender obtained bat in struggle and hit V several times on verandah and on ground - no longer acting in self-defence when fatal blows inflicted but acting in protection of self and home.

Suffering severe epilepsy

Olig

(36)

[2000] NSWSC 1246

Adams J

 

[2002] NSWCCA 249

Unlawful and dangerous

Arson

VG

(at murder trial)

no significant prior convictions

12y

NPP 8y

AD

Deliberately set fire to house killing estranged de facto wife - surprised by speed of fire and made attempts to put it out and rescue V - angered by V defrauding him over house payments - actions directed primarily at house.

No remorse - deprived and difficult childhood

Greenhalgh

[2001] NSWSC 272

Adams J

 

[2001] NSWCCA 437

Fight

Assault – general

Unlawful and dangerous

PG

(25%)

criminal record including rob and assault

8y

NPP 4y 6m

AA

6y 9m

NPP 4y 6m

Punched intoxicated V during prolonged drinking session – offender was aggressor - V died from subdural haemorrhage 6 hours later – offender did not realise he had inflicted lethal blow.

Alcoholic - no premeditation.

Woodland

(20)

[2001] NSWSC 416

Wood CJ at CL

Unlawful and dangerous

Young child

Assault - domestic

PG

(20%)

nil

8y

NPP 5y

 

Killed 2y son by forcefully ramming head into refrigerator - very young and immature parents living in stressful circumstances with mother's parents.

Evidence of prior good character - past problems with anger and aggression.

Adamson

(19)

[2001] NSWSC 499

Howie J

 

(2002) 132 A Crim R 511

NSWCCA

Unlawful and dangerous

Assault - general

PG

(10%)

Mansl

 

2 x Agg Sex Ass

malicious wounding

11y

NPP 7y 6m

 

 

8y

 

Total:

14y

NPP 10y 6m

AD

During party had vaginal and anal intercourse with victim knowing she was not consenting - deliberately placed hand over victim's mouth and nose to prevent her calling out, causing asphyxiation.

Raised alarm and attempted to resuscitate victim.

Pennisi

(28)

[2001] NSWSC 461

Bell J

 

[2001] NSWCCA 326

Unlawful and dangerous act

Shooting - general

VG

(at murder trial - 25% offer to plea and assist)

nil

9y

NPP 6y

AD

Confronted manager of shopping centre with loaded .22 calibre Ruger semi-automatic rifle hoping to force him to drop civil suit - during struggle V shot in stomach - panicked and fired ten shots at point blank range.

Voluntarily surrendered to police - depressed at time of offence as result of business failing in shopping centre – truly remorseful

Sotheren

(27)

[2001] NSWSC 214

Dowd J

 

[2001] NSWCCA 425

Unlawful and dangerous

Assault - general

PG

Mansl

 

 

5 x Agg Rob

 

(substantial discount)

lengthy record including violence - on parole

5y

NPP 2y 6m

 

 

2y 6m

 

Total:

7y

NPP 4y 6m

Crown AA

10y

NPP 6y

 

3-4y

 

Total:

12y

NPP 8y

Multiple robberies - each victim severely beaten, one dying three days later - all robberies committed over one night.

Heavy user of amphetamines - seriously deprived and abusive childhood - made ward of state - psychiatric and behavioural problems - stabbed twice while in custody - suffers claustrophobia - remorse - aboriginal - support of family

Fox

(33)

[2001] NSWSC 573

Grove J

Unlawful and dangerous

Assault - domestic

PGno prior convictions

5y

NPP 2y

 

Female - attempted to wake up de facto by kicking him in head - intoxicated at time - shoeless – no recollection of events

Aboriginal or Pacific Islander - life of considerable tragedy - lifetime addiction to alcohol - truly remorseful - needs further assistance before release

Clarke

[2001] NSWSC 703

McClellan J

 

 

 

 

Marsh

[2001] NSWSC 1109

McClellan J

 

[2002] NSWCCA 151

Unlawful and dangerous

Assault – general

Motor vehicle

PG

(25%)

Mansl

 

Carried in conveyance

 

PG

(20%)

Mansl

 

Rob in Co

 

Take & Drive

Lengthy

 

 

 

 

 

 

Lengthy

5y

NPP 3y 6m

 

 

FT 6m

(concurrent)

 

10y 4m

NPP 7y 9m

 

 

FT 6y

 

FT 14m

(both concurrent)

 

 

 

 

 

 

 

Crown AD

AD

Offenders stole car, grabbed V's handbag and drove off - V tried to get handbag back grabbing onto offender - M punched V who fell and hit head on rear tyre - died of head injuries.

C - surrendered to police - considerable remorse - high level of assistance to police - protective custody.

M - denied involvement - plea out of acknowledgment of evidence of co-offender - higher culpability than co-offender

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

Young

(18)

[2001] NSWSC 942

Taylor AJ

 

(2002) 136 A Crim R 437

NSWCCA

Unlawful and dangerous

Assault - general

PG

(35% combined discount on appeal)

criminal history - no significant violence

6y

NPP 4y

Crown AD

AA

5y 3m

NPP 3y 3m

Kicked and punched male V in attempt to rob on public street late at night - attack did not cause serious injury but V suffered from bad heart and high blood pressure.

Alcoholic - assistance – protection - partial failure of undertaking to give evidence but sentence excessive

Masson

(23)

[2001] NSWSC 1037

Howie J

Unlawful and dangerous

Assault – general

Accessory

VG

(at murder trial)

nil

7y 6m

NPP 4y 6m

 

Went with co-offender to house of 75y female acquaintance to borrow money – co-offender unexpectedly suffocated V –continued involvement in robbery out of fear - contemplated unlawful and dangerous act by co-offender during robbery - aware that co-offender had knife.

Co-offender Symss sentenced for murder: [2001] NSWSC 1037 / [2003] NSWCCA 77

Supportive family

Willoughby

(26)

[2001] NSWSC 1015

Greg James J

Unlawful and dangerous

Assault - general

PG

(15%)

nil

6y 9m

NPP 3y 9m

 

Genuine, although unreasonable belief that male outside offender's flat had stolen from him - chased him outside flats and administered severe beating - included stomping on victim - did not believe he had seriously injured victim.

Suffering complex and difficult psychological problems in relation to family, de facto and daughter - effects of severe emotional stress at time of offence resulted in him taking marijuana and LSD - in need of extensive counselling and assistance - degree of contrition - serious back condition - 1y 11m in conditional custody and 11m PSC

Byrne

(33)

[2001] NSWSC 1164

Dunford J

Unlawful & dangerous

Young child

Assault - domestic

PG

(15%)

 

8y 6m

NPP 6y

 Mother killed 5y son under stress of being parent - multiple injuries – burning and bruising – left child uncovered in cold bathroom in middle of winter - no medical treatment until too late.

Clissold

[2002] NSWSC 429

Greg James J

 

[2002] NSWCCA 356

Accessory

Assault – general

Unlawful and dangerous

PG

(20%)

Mansl

 

AOABH

record includes assaults

14y

NPP 8y

 

 

FT 4y

 

Total:

16y

NPP 10y

Crown AD

Sergeant of arms of Bikie gang involved in bashing of male inflicting club discipline - assaulted and threatened home owner with knife - V taken and savagely beaten to death - offender not present at time of fatal assault - culpability high

Good character evidence - low intelligence

Webb

[2002] NSWSC 618

Hulme J

Unlawful and dangerous

Young child

Assault - domestic

PG

(10%)

AR, driving

7y 6m

NPP 4y 6m

 

Struck 8 month old baby daughter - at home alone with 5 children under 6y while wife shopping.

Unsettled upbringing - Aboriginal background.

Guider

(36 at offence - 52 at sentence)

[2002] NSWSC 756

Wood CJ at CL

Unlawful and dangerous

General

PGsentenced for sexual offences committed on young children over lengthy period of time

17y

NPP 12y

 

Killing of young girl in 1986 - picked up V and took her somewhere - V died after being drugged with normison - body never recovered - no details of offence provided by offender - part of series of sexual offences committed on young children over 15y years - involved using stupefying drugs to take photographs and commit sexual acts

Dysfunctional background - denied offence for long period of time - no insight into offending - dangerousness - strict protection - paedophilia

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

Marrah

(36)

[2002] NSWSC 862

Levine J

Unlawful and dangerous

Fight

Assault - general

PG

(20%)

assaults

6y 5m

NPP 4y 9m

 

Shearer killed work associate - assaulted V during argument about money - element of pre-meditation - smaller V - left V on side of street unaware of fatality of assault - middle to upper range for assault of this type

Good prospects of rehabilitation

CK

(16)

[2002] NSWSC 942

Studdert J

 

[2004] NSWCCA 116

 

 

Unlawful and dangerous

Juvenile

Assault – general

Fight

PG

(25%)

nil

7y 6m

NPP 4y

AD

Present during series of confrontations between Asian and Australian youths throughout evening of killing - threw solid metal bar at car being driven by 17y male - bar penetrated skull of victim

Born to Korean parents - contrition - uncharacteristic behaviour - hardship to family

Waterman

(30)

[2002] NSWSC 1236

Hidden J

 

Leyman

(30)

[2002] NSWSC 1226

Hidden J

Unlawful and dangerous

Stabbing – general

Accessory

Fight

VG

(at murder trial – offered to plead)

 

 

PG

lengthy record but mostly juvenile

 

 

 

old and brief record

6y

NPP 3y 6m

 

 

 

 

5y 6m

NPP 3y

 

PW became involved in argument with homeless men outside house - returned to argument with co-offender and knife - V stabbed when impaled self on knife - no intent to kill - history of tension between residents and homeless men

PW - intoxicated - offence out of character - good prospects of rehabilitation although needing assistance with alcohol abuse - remorse

L – accessory - accompanied co-offender knowing he was armed with knife contemplating it might be used to cause injury - alcohol abuse - good character evidence - remorse

Styman

(24)

[2003] NSWSC 93

Barr J

Unlawful and dangerous

Criminal negligence

Assault - general

VG

(at murder trial)

 

PG

Agg BE and rob

BES offences

14y

NPP 9y

 

 

8y

 

Total:

15y

NPP 10y

 

With 2 co-offenders broke into house of elderly female V living alone - V tied and gagged and left in house - stole cash and property – made unsuccessful 000 call - V died 10-12 days later - lesser participant - not aware V not rescued

Cruel and violent childhood - genuine remorse - assistance to police - truthful at trial - evidence of rehabilitation - protective custody

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

Tran

(25)

[2003] NSWSC 373

Greg James J

Unlawful and dangerous

Assault - domestic

PGNil

5y

NPP 2y 3m

 

Went to bed with partner – both intoxicated – killed partner during night – possibly suffocated – verging on automatism due to intoxication and sleep disorder – vague as to details – disposed of body – lower end of culpability

Prior good character – good prospects of rehabilitation – Vietnamese

Marshall

(22)

[2003] NSWSC 448

Adams J

Unlawful & dangerous

Young child

Assault - domestic

VG

(at murder trial - 20% for offer)

 

6y

NPP 3y 6m

 

Shook 9m son of girlfriend – minding child while mother at work – unthinking, momentary anger – no history of abuse

Low intelligence – history of behavioural problems  - protective custody - remorse and contrition

McNamara

[2003] NSWSC 429

Hidden J

 

[2004] NSWCCA 42

Unlawful and dangerous

Assault - domestic

VG

(at murder trial)

AOABH and mal inflict GBH (de facto) – on bail

9y

NPP 6y 6m

Crown AD

Killed mother by brutal assault – history of arguments over estranged de facto and access to children

Risk of re-offending

O'Hare

(23)

[2003] NSWSC 652

Whealy J

Unlawful and dangerous

Assault - general

PG

(20%)

 

Sched:

Mal damage

Minor

6y

NPP 3y 6m

 

Offender intoxicated and angry when encountered male stranger on street – words exchanged but no provocation – V hit once to side of face and fell on pavement

Verbal and physical abuse from step father – long history of alcohol addiction – good character – reasonable prospects of rehabilitation - remorse

Monroe

(30)

(2003) 149 A Crim R 478

NSWSC

Unlawful and dangerous

Assault – domestic

Young child

VGPriors including assault

7y 6m

NPP 4y

 

Shook 3m baby boy – threw baby on lounge and punched in abdominal area – angry and intoxicated

Depression and heart condition – protective custody

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

Maclurcan

(48)

[2003] NSWSC 799

Buddin J

Unlawful and dangerous

Assault – general

Fight

PGMinor

3y

NPP 17m

 

Struck male acquaintance once to head with fist during argument – V's head struck concrete – offender in manic phase of bipolar disorder

Excellent character evidence – good prospects of rehabilitation

Diab

(19)

[2003] NSWSC 978

Shaw J

 

[2005] NSWCCA 64

Unlawful and dangerous

Shooting – general

Accessory

Fight

PG

(25%)

 

Sched:

Affray

2 x Firearms offences

Nil

9y

NPP 6y

AD

With juvenile co-offender became involved in altercation with 18y male on street - co-offender shot V at close range in chest – unpremeditated - aware of presence of loaded gun but not aware MA would shoot

2 days before threatened male at service station with loaded pistol - prior good character and strong prospects of rehabilitation.

MA sentenced for murder: [2003] NSWSC 978 / (2004) 145 A Crim R 434 [2004] NSWCCA 92

Avakian

(21)

[2003] NSWSC 1042

Whealy J

 

 

Co-Accused: O"CONNOR

Unlawful and dangerous

Assault – general

Accessory

PG

(15%)

Breached GBB and PD

5y 6m

NPP 3y 6m

 

Part of group of males who approached another group in street late at night – threatened V and pretended mobile phone was gun – V assaulted by all members of group – died from stab wound – unclear who stabbed victim so not taken into account – instigator of incident

Difficult childhood - early drug addiction – reasonable prospects of rehabilitation

O'Connor

(25)

[2003] NSWSC 1041

Whealy J

 

 

Co-Accused: AVAKIAN

Unlawful and dangerous

Assault – general

Accessory

PG

(15%)

Record

5y 2m

NPP 3y 2m

 

Part of group of males who approached another group in street late at night – V threatened by co-offender pretending mobile phone was gun – V assaulted by all members of group – died from stab wound – unclear who stabbed victim so not taken into account

Difficult childhood – remorse – reasonable prospects of rehabilitation

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

Battur

(22)

[2003] NSWSC 1164

Greg James J

Unlawful and dangerous

Stabbing – general

Fight

PG

(25%)

Nil

6y 3m

NPP 2y 9m

(PSC 3m)

 

Mongolian offender and victim – argument over failure of offender to show proper respect – threats and physical assault by V – armed self with knife for self-defence – met again later in evening and threats / assaults continued – stabbed V in chest - element of provocation and self defence

Co-operation and contrition – onerous custodial conditions – strong prospects of rehabilitation – facing reprisals in Mongolia

Hoerler

(20)

[2003] NSWSC 1187

Miles AJ

 

(2004) 147 A Crim R 520

NSWCCA

Unlawful and dangerous

Assault – domestic

Young child

PG

(10%)

Mal damage, burglary, assaults

11y

NPP 8y 3m

Crown AA

14y 4m

NPP 10y 9m

Multiple injuries to 7m son of de facto – punch caused lower teeth into roof of mouth – punch to abdomen – clamp to toes causing breaks – died by asphyxiation or vomit inhalation – 5 unrelated offences taken into account on sentence

Protective custody

Vongsouvanh

(28)

 

Namalauulu

(24)

 

[2003] NSWSC 1203

Whealy J

 

[2004] NSWCCA 158

Unlawful and dangerous

Stabbing – general

Accessory

PG

(15%)

Drug related offences

 

Lesser record

6y 9m

NPP 4y

 

6y 9m

NPP 4y

Crown AD

 

 

Crown AD

2 females became involved with third co-offender in struggle with fellow male drug user – not aware co-offender had knife prior to struggle – continued involvement after production of knife – V stabbed 4 times in stomach – prevented V defending self or escaping then ran away and left him

KV – born in Laos – mother of young child – some evidence of rehabilitation from drug addiction

FN – born in Samoa – mother of young child – some evidence of rehabilitation from drug addiction

Wilson

(30)

[2003] NSWSC 1257

Miles AJ

 

(2005) 62 NSWLR 346

NSWCCA

Unlawful and dangerous

Assault – domestic

Young child

VG

(at murder trial)

Nil

9y

NPP 6y 11m

AA

6y

NPP 4y 6m

Fatal shaking to 2y foster son – impact injuries to child inflicted earlier by husband – shook child in frustration

Prior good character but troubled background – deteriorating psychiatric condition – protective custody

Kerr

(17)

[2004] NSWSC 75

Kirby J

 

RIK

[2004] NSWCCA 282

Unlawful and dangerous

Assault – general

Juvenile

VGNil

3y

NPP 12m

Conviction AD

Alighted from train and approached male sitting alone on platform – aggressive manner and swearing – V jumped onto tracks and struck by train

Prior good character – intoxicated – family support – excellent prospects of rehabilitation

Kwon

[2004] NSWSC 146

Dowd J

 

[2004] NSWCCA 456

Unlawful and dangerous

Assault - general

PG

(33% total discount)

Nil

2y 8m

NPP 1y 8m

Crown AD

Sustained assault on male employee during night out – intoxicated

Korean - prior good character – lost business – family to return to Korea

Dalton

(18)

[2004] NSWSC 446

Adams J

 

[2005] NSWCCA 156

Unlawful and dangerous

Assault – domestic

Young child

PG

(10%)

Not stated

7y

NPP 3y 3m

Crown AA

9y

NPP 4y 6m

Forced head of 23m child of de facto against window – threw child on mattress – severe head injury – continuous abuse over long period

Aboriginal with childhood history of physical and emotional abuse – Borderline Personality Disorder

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

Forbes

(29)

[2004] NSWSC 421

Hulme J

 

(2005) 160 A Crim R 1

NSWCCA

Unlawful and dangerous

Fight

Stabbing – general

Accessory

Excessive self defence 

Shooting – general

PG

(12%)

Mans

 

VG

Mansl

(at murder trial - 12% for offer to plea)

Lengthy record – breached parole

12y

NPP 9y

 

 

12y

NPP 8y

 

Total:

19y

NPP 15y

AA

9y

NPP 6y 9m

 

12y

NPP 8y

 

Total:

16y 9m

NPP 12y 9m

Involved in fight outside hotel – male stabbed by friend of offender – aware friends intoxicated and had knife – aware risk knife would be used

3 months later took loaded gun to confront male acquaintance over disputed issues – aware V violent – shot V in caravan in subsequent struggle – second shot fired while V on or near floor – intent to kill

Low prospects of rehabilitation

V D N

(17)

[2004] NSWSC 426

Whealy J

Unlawful and dangerous

Juvenile

Stabbing – general

Accessory

PG

(15%)

 

Att AR

Drug offences

6y 9m

NPP 3y

 

FT 15m

(concurrent)

 

Involved in attempted robbery on Asian couple leaving store with daily takings – assaulted and detained female with knife – male assaulted by two co-offenders and fatally stabbed in chest – 2 shots fired into rear tyre by co-offender – aware knife would be presented during robbery

Evidence of rehabilitation from drug abuse – genuine remorse

Laing

(35)

[2004] NSWSC 510

G.James J

Unlawful and dangerous

Drowning

PG

(25%)

Minor

6y 6m

NPP 3y 6m

 

Held head of male boarder under water in bath – dumped body in bush – circumstances of assault unclear – intoxicated

Long history of alcohol abuse – unlikely to reoffend – full remorse

Van Oosterum

(50)

[2004] NSWSC 532

Greg James J

Unlawful and dangerous

Shooting - general

PG

(25%)

Nil

7y

NPP 4y

 

Offender's gun discharged during struggle with V on street – offender confronted V over alleged relationship with offender's wife – no intent – had gun in possession to ensure V listened

Suffering depression and disordered thinking – emotionally distraught – grave loss of judgment - contrition – co-operation – prior good character – excellent prospects of rehabilitation

Price

(29)

[2004] NSWSC 868

Barr J

Excessive self defence

Unlawful and dangerous act

Stabbing - general

PGSignificant, inc 4 offences with a knife

8y

NPP 5y

 

Stabbed drug dealer – plea accepted but not wholly clear whether excessive self-defence or unlawful and dangerous act – habitually carried a knife

Aboriginal – previous alcohol problems – on methadone program but continues to use heroin from time to time – prospects of rehabilitation.

Hogan

[2004] NSWSC 959

Barr J

Unlawful and dangerous

Motor vehicle

PGSome priors related to turbulent relationship

4y

NPP 2y 3m

 

Wife had history of depression with violent and attention seeking behaviour – driving her to hospital when V attempted to leave car at traffic lights – began to accelerate to shut car door – V fell out and suffered fatal injury

Criminality very low – remorse

Rugari

(18)

[2004] NSWSC 1126

Barr J

Unlawful and dangerous

Assault - general

PG

 

 

Agg rob

 

Sched

Possess drugs

Record for violence

7y

NPP 4y

 

FT 4y

 

Total:

8y

NPP 5y

 

Severe and unprovoked assault on male acquaintance – concerned about sexual intentions of V towards 12y female – called him a paedophile - refused to return car keys until phone and gold chain handed over – male subsequently died from head injuries – no intent to cause GBH

Difficult and violent childhood – slim prospects of rehabilitation – personality disorders – ADHD – partially deaf – no remorse

Hayes

(26)

[2004] NSWSC 1195

Campbell AJ

 

Co-Accused:

Vongsouvanh (2003)

Namalauulu (2003)

Unlawful and dangerous

Stabbing – general

Accessory

PGMinor record – similar to Namalauulu

6y 9m

NPP 4y

 

Female – involved with two other females in struggle with fellow male drug user – Crown unable to establish who did stabbing - V stabbed 4 times in stomach

Difficulty as aboriginal child adopted by non-indigenous family – drug addiction – protective custody – good prospects of rehabilitation

Daniels

(38)

[2004] NSWSC 1201

Hidden J

Unlawful and dangerous

Assault - domestic

VG

(at murder trial)

Minor offences – breached bond

8y

NPP 5y

 

Sustained assault on partner in home – forced head into wall causing brain injury

Mental health problems in custody

JD

[2005] NSWSC 128

Levine J

 

(2006) 160 A Crim R 392

NSWCCA

Unlawful and dangerous

Juvenile

Stabbing - general

VG

(at murder trial – 25% for offer)

 

AR

Nil

5y 3m

NPP 3y

 

 

 

4y 1m

NPP 3y

(concurrent)

Crown AD

With brother planned armed robbery of family attempting to sell diamond engagement ring – during struggle adult son fatally stabbed and father stabbed in chest by co-offender

Excellent prospects of rehabilitation – low intelligence – poor health

Bugmy

(20)

 

NMB

(15)

 

[2005] NSWSC 561

Grove J

Unlawful and dangerous

Assault – general

Juvenile

PG

(25%)

 

PG

(25%)

 

Sched

Larceny

Minimal; breach of GBB

 

Some; breach of conditional liberty

7y 6m

NPP 5y

 

6y

NPP 4y

 

After many hours of drinking, offenders kicked V to death – possible response to V swearing at offender's aunt

B – Aboriginal – stable relationship with young child – alcoholic and domestic violence background – recent death of father – helped care for handicapped sister – average intelligence – good prospects for rehabilitation

NMB – Aboriginal – some rehabilitation and remorse – drug/alcohol bender in days before offence – petrol sniffing leading to daily alcohol/marijuana use – dysfunctional alcohol and domestic violence background – only learned to read in custody

Percy

(36)

[2005] NSWSC 1244

Latham J

Unlawful and dangerous

Assault – domestic

PG

(15%)

Property and motor vehicle offences

9y

NPP 5y

 

V lured to home of acquaintance – repeatedly struck by offender causing death – legs and arms bound and body dumped in truck rest stop – assault in retaliation for belief that V had raped offender's partner's daughter and stolen property

Difficult childhood - drug and alcohol user – genuine contrition

MD

(17)

 

 

 

 

 

 

 

 

NA

 

 

BM

(16)

 

 

 

 

 

 

 

 

JT

(17)

 

[2005] NSWSC 344

G James J

 

(2005) 156 A Crim R 372

NSWCCA

Unlawful and dangerous

Assault – general

Juvenile

PG

(10%)

Mansl

 

Steal from person

 

 

 

 

PG

(15%)

 

PG

(10%)

Mansl

 

Assault

 

 

 

 

 

PG

(5%)

Mansl

 

Assault

Nil

5y 6m

NPP 3y 6m

 

 

FT 6m

 

Total:

5y 9m

NPP 3y 9m

 

4y 6m

NPP 2y

 

4y

NPP 2y

 

 

FT 6m

 

Total:

4y 1m

NPP 2y

 

4y

NPP 2y 6m

 

 

6m

 

Total:

4y 3m

NPP 2y 9m

Crown AD

 

 

 

 

 

 

 

 

 

Crown AD

 

 

Crown AD

 

 

 

 

 

 

 

 

 

Crown AD

V and companion set upon by group of youths at park – action of MD forced V into power pole head first – unclear if pushed or retreating – NA punched and kicked V on ground – JT one kick to V on ground – BM assisted by assaulting companion and preventing assistance – brutal and cowardly attack with no provocation – objective gravity very high – MD stole phone from V

All showed contrition and evidence of rehabilitation

Taber

(27)

 

 

 

 

 

 

 

Styman

(37)

 

[2005] NSWSC 1292

Studdert J

 

(2007) 170 A Crim R 427

NSWCCA

 

Co-offender:

STYMAN

Unlawful and dangerous

Negligence

Assault - general

VG

Mansl

 

Agg rob

 

 

 

 

 

VG

Mansl

 

Agg rob

Nil relevant

 

 

 

 

 

 

 

 

Of little sign

18y

NPP 13y 6m

 

10y

 

Total

19y

NPP 14y 6m

 

18y

NPP 13y 6m

 

10y

 

Total

19y

NPP 14y 6m

AD

Three offenders broke into home of 70y female – V tied up, gagged and left with pillowcase over head – stole $23,300 - 000 call not acted upon – V died after 9 days – carefully planned offence – "most grave crime of manslaughter"

Protective custody – no remorse – low prospects of rehabilitation

Hamshere

[2005] NSWSC 1319

Hall J

Unlawful and dangerous

Fight

Stabbing - general

PG

(25%)

Minor assault

5y

NPP 3y

 

Friendly wrestle between male friends became more heated – offender picked up knife from kitchen and stabbed V in neck – intoxicated

Great remorse

Clare

(35)

[2006] NSWSC 812

Grove J

 

(2008) 181 A Crim R 450

NSWCCA

Unlawful and dangerous

Young child

General

VG

Mansl

 

 

PG

s.66A

Record for sexual offences against children

25y

NPP 18y 9m

 

 

FT 14y

(concurrent)

 

(cumulative on existing NPP 12y 1m)

AA

25y

NPP 15y 9m

 

FT 14y

(concurrent)

Babysitting 3y boy – sexually penetrated V- V vomited and choked – applied electrical wires in attempt to revive V – worst case category

Self-confessed paedophile - serving sentence for sexual assault of V's 6y sister.

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

Clay

(19)

 

Lonsdale

(24)

 

[2006] NSWSC 1220

Buddin J

Unlawful and dangerous

Fight

Assault – general

Accessory

PG

 

 

PG

Minor traffic

 

 

Minor drug

5y

NPP 3y

 

6y 8m

NPP 4y

 

Male assaulted on front lawn of house by group of males – all intoxicated – C punched V to head at commencement of affray – subsequently watched assault – L assaulted V with mattock handle and kicked and punched V – V refused medical attention and later died of ruptured spleen caused by assault with mattock handle

C – lesser offender – out of character – remorse

L – psychotic illness

Esposito

(33)

[2006] NSWSC 1454

Latham J

Assault – general

Accessory

Unlawful and dangerous

VG

(at murder trial - 15% for offer)

Predominantly property offences

6y 10m

NPP 4y

 

Present when co-offender fatally assaulted male V – assault in retaliation for threats made by V to offender's de facto wife and children – assisted in dumping body – party to agreement to assault V aware of co-offender's qualifications in martial arts

Tragic childhood – heroin abuse – positive de facto relationship

KT

(16)

[2007] NSWSC 83

Johnson J

 

(2008) 182 A Crim R 571

NSWCCA

Unlawful and dangerous

Assault – general

Fight

Juvenile

PG

(25%)

Nil

6y

NPP 4y

AD

Driving with friend throwing eggs at strangers on street – V became agitated at conduct and threw can at car – confrontation resulted in single fatal punch to head – V small Sudanese man with limited English

Borderline intellectual ability – remorse

Tekley

 

 

 

 

 

Nagle

 

[2007] NSWCCA 75

Unlawful and dangerous

Assault – domestic

Accessory

VG

Mans

 

Unlawful imprisonment

 

VG

Mans

 

Unlawful imprisonment

 

6y

NPP 3y 9m

 

FT 6m

(concurrent)

 

5y

NPP 2y 9m

 

FT 6m

(concurrent)

Conviction AD

Sentence AD

 

 

 

 

Conviction AD

Flatmate became increasingly violent and threatening – handcuffed to chair – fatally assaulted by T

Delay

Rowe

(26)

[2007] NSWSC 300

Howie J

Unlawful and dangerous

Young child

General

VG

(at murder trial)

Drugs and dishonesty

5y 6m

NPP 3y

 

Mother killed 7m son by ingestion of methadone – struggling to cope with crying baby – sought to settle – distraught at death

Disturbed childhood resulting in early drug addiction – onerous custodial conditions

Mundene

(19)

[2007] NSWSC 355

Howie J

Unlawful and dangerous

Assault – domestic

Young child

PG

(20%)

Dishonesty – breached parole

6y 9m

NPP 3y 9m

(cumulative to revoked parole)

 

Male killed de facto's 7m son by shaking – isolated anger against crying child – warned he could injure child – breach of trust

Aboriginal with disrupted background – drug abuse – immaturity - remorse

Leach

(23)

[2007] NSWSC 429

Hulme J

 

(2008) 183 A Crim R 1

NSWCCA

Unlawful and dangerous

Assault – domestic

Young child

PG

(10%)

 

Sched:

2 x AOABH

Nil

7y 6m

NPP 4y 6m

AA

6y

NPP 3y 6m

Father killed 7w daughter by asphyxiation – sat on unsettled daughter to stop her crying – assault offences constituted by hitting V on head with hand

Intellectually disabled – depressive disorder – frustrated at inability to settle child – good character – remorse – excellent prospects of rehabilitation

LAL

(14)

 

PN

(14)

 

[2007] NSWSC 445

McClellan CJ at CL

Unlawful and dangerous

Assault – general

Juvenile

PG

(15%)

 

Sched:

LMV

Steal mobile phone

Nil

 

 

Nil

6y

NPP 3y 6m

 

6y

NPP 3y 6m

 

Assaulted taxi driver using moderate force – V suffering heart disease and died from heart attack – opportunistic offence – under influence of alcohol and marijuana

Genuine remorse – Islander parentage – violent households – need for continued supervision – evidence of progress in rehabilitation – immature and intellectual deficits – early exposure to alcohol abuse - PN suffering psychiatric problems

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

Stephenson

(43)

[2007] NSWSC 672

Hidden J

 

[2008] NSWCCA 266

Unlawful and dangerous

Assault - domestic

PGMinor

6y

NPP 3y 6m

AD

During verbal argument punched female partner to head with closed fist several times – spontaneous offences – both V and offender consumed drugs and alcohol during evening

Volatile and obsessive relationship – drug and alcohol abuse – offence out of character – prospects of rehabilitation - remorse

Ferguson

(45)

[2007] NSWSC 949

Grove J

Unlawful and dangerous

Assault - domestic

PG

(25%)

Nil relevant

5y 3m

NPP 4y

 

Fatal assault on de facto wife during physical argument – arguing for several days over V's abuse of prescription drugs – drug abuse made V more vulnerable to physical assault

Good character – very good prospects of rehabilitation – genuine remorse

M.Taufahema

(25)

[2007] NSWSC 959

Grove J

 

 

 

 

Co-offender:

J.TAUFAHEMA [2007]

Unlawful and dangerous

Shooting – general

Accessory

PG

(18.5%)

Priors including violence – breached parole

11y

NPP 7y

 

Driver of car with four occupants and unlicenced firearms – car stopped by highway patrol police officer – officer shot dead by co-offender – contemplated possibility that someone would discharge firearm without intent to kill or cause GBH

Father to young daughter – prospects of rehabilitation – onerous conditions of custody for some period of incarceration – genuine remorse – history of trial and appeals raising element of double jeopardy

Charman

(20)

[2007] NSWSC 1177

Hulme J

 

 

Co-offenders:

HORAN [2008]

BOXX [2009]

Unlawful and dangerous

Assault – general

Accessory

PG

(40% plea and assist)

Minor – breached bond

6y

NPP 4y

 

Willingly participated in break and enter – driver of car waiting outside house – intellectually disabled occupant fatally assaulted by co-offenders using torch

Voluntarily surrendered to police – assistance – good work record – remorse

Error by sentencing judge as to starting date meant offender gained benefit of three months on bail – sentencing judge declined to correct error

Thurlow

(20)

[2007] NSWSC 1203

Mathews AJ

Unlawful and dangerous

Assault – domestic

Young child

PG

(25%)

Mans

 

Att pervert course of justice

 

Sched:

Att pervert course of justice

Record – mostly subsequent to offence

6y 9m

NPP 4y 3m

 

 

16m

NPP 9m

 

Total:

7y 6m

NPP 5y

 

Female - pushed 16w daughter of de facto into futon bed – head hit wooden armrest – frustrated at crying – asked cell mate to confess to killing over 2 months – attempted to have de facto lie about offence

Traumatic childhood resulting in early drug addiction - remorse

Wheatley

(45)

[2007] NSWSC 1182

Bell J

Unlawful and dangerous

Assault - general

PG

(25%)

Minor

3y 9m

NPP 2y

 

Pushed 83y male stranger onto street – hit by oncoming traffic – no intent to hurt or push into traffic – loutish behaviour – 'spontaneous outburst of low level violence which had catastrophic consequences' – intoxicated – angered by earlier unrelated confrontation with male

Suffering chronic schizophrenic illness

Taiseni

(30)

 

 

 

 

 

 

 

 

Motuapuaka

(26)

 

 

 

 

 

 

 

 

Leota

(29)

 

 

 

 

 

 

 

 

 

Tuifua

(33)

 

 

[2007] NSWSC 1090

Latham J

Unlawful and dangerous

Fight

Assault – general

Accessory

PG

(20%)

Manslaughter

 

Maliciously inflict GBH

 

Sched:

Supply heroin

 

PG

(20%)

Manslaughter

 

Maliciously inflict GBH

 

 

 

 

PG

(10%)

Manslaughter

 

Maliciously inflict GBH

 

Sched:

Supply heroin

 

PG

(10%)

Manslaughter

 

Maliciously inflict GBH

Summary - Assaults and weapon offences

 

 

 

 

 

 

Minor

 

 

 

 

 

 

 

 

 

Minor

 

 

 

 

 

 

 

 

 

Nil

4y

NPP 2y

 

 

FT 2y 5m

 

Total:

5y

NPP 3y

 

5y 7m

NPP 3y

 

 

FT 4y

 

Total:

7y 7m

NPP 5y

 

6y 4m

NPP 3y 6m

 

 

FT 4y

 

Total:

8y 4m

NPP 5y 6m

 

3y 7m

NPP 2y 2m

 

 

FT 2y 8m

 

Total:

4y 7m

NPP 2y 2m

 

L involved in argument over use of pool table with V2 – ejected from hotel – returned with co-offenders and attacked V2 – M swung bar stool at V2 and fatally struck V1 (hotel employee) in head – V2 kicked in head

L – principal role – Tongan – married- - genuine remorse – moderate prospects of rehabilitation

M – equal culpability to L – Tongan – married with 2 children – genuine remorse – some prospects of rehabilitation

Taiseni - lesser culpability – presence only – Tongan – married with two children – genuine remorse – good prospects of rehabilitation

Tuifua – lesser culpability – presence only – Tongan – married with four children – genuine remorse – excellent prospects of rehabilitation

Lu

(32)

[2007] NSWSC 1259

Price J

 

(2008) 190 A Crim R 109

NSWCCA

Unlawful and dangerous

Stabbing – general

Accessory

PG

(15%)

Lengthy – breached bond

9y 4m

NPP 6y 2m

AD

One month before offence had violent confrontation with V – on day of offence saw V walking down street - collected co-offender – chased V with iron bar – struck mother of V then punched V in face – co-offender fatally stabbed V – unaware co-offender armed with knife - intended only to assault – co-offender acquitted at murder trial

Vietnamese with traumatic background

Kaiser

(34)

 

 

 

 

Hunt

(19)

 

[2007] NSWSC 1362

Barr J

 

(Kasier)

[2009] NSWCCA 130

Unlawful and dangerous

Shooting – domestic

Accessory

PG

 

Sched:

Supply amphet

 

PG

Breached conditional liberty – record for ADVO offences

 

Priors – breached conditional liberty

10y 11m

NPP 8y 2m

 

 

 

 

9y

NPP 6y 9m

AD

K angry with former lover over ending of relationship and drug debt – arranged for H to 'deal with' her – H fired three shots at house killing V – carefully planned offence

K – instigator and planner – drug addictions – bipolar disorder in remission

H – chose to use gun

Bashford

(24)

[2007] NSWSC 1380

Rothman J

Unlawful and dangerous

Assault - general

PG

(25%)

Breached conditional liberty for non-violent offences – priors for violence

5y 3m

NPP 3y 6m

 

Intoxicated male making out of character and offensive comments outside hotel – single punch to head causing death – response to offensive comment – spontaneous act

Voluntarily attended police station – subject to significant personal stress at time of offence – depression – good character – traumatic childhood – evidence of rehabilitation – aboriginal and islander

CK

(15)

 

TS

(15)

 

[2007] NSWSC 1424

Latham J

Unlawful and dangerous

Assault – general

Juvenile

PG

(25%)

 

PG

(25%)

Priors – breached bond

 

nil

6y

NPP 4y

 

6y

NPP 3y 6m

 

17y walking down main street of town late at night – headbutted by CK – punched to head by TS – unprovoked attack – died of subarachnoid haemorrhage

Drug and alcohol abuse – difficult childhoods

Harris

(53)

[2007] NSWSC 1417

Bell J

Unlawful and dangerous

Fight

Stabbing - general

PG

(12%)

Minor – drink driving offences

7y

NPP 4y

 

Stabbed female friend during argument – lashed out with knife striking V in chest – both intoxicated

History of alcohol abuse – remorse – good prospects of rehabilitation

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

Compton

(30)

[2008] NSWSC 204

Studdert AJ

Unlawful and dangerous

Assault – domestic

Young child

PG

(10%)

Lengthy – assaults on de facto partners

9y

NPP 6y 9m

 

Assaulted 17m daughter of de facto – punched victim in stomach and to head – failed to tell mother or obtain medical care – child died next morning – coming down from amphetamines – angry at inability to obtain more drugs – lied to police

Intellectual disability

Smith

(22)

[2008] NSWSC 201

Hulme J

Unlawful and dangerous

Assault - general

PG

(25%)

Minor

3y 9m

NPP 2y 6m

 

Waiting at taxi stand after Christmas function – punched passing stranger once – Victim struck head on concrete – no provocation – intoxicated

Evidence of excellent rehabilitation – good prospects - remorse

APT

(17)

[2008] NSWSC 302

Studdert AJ

 

[2009] NSWCCA 230

Unlawful and dangerous

Assault – general

Juvenile

VG

(at murder trial)

Nil

8y

NPP 5y 6m

AD

Involved in brutal assault on young male outside service station – lesser offender – kicked V on ground

Co-offender Willmot dealt with for murder.

Remorse – good prospects of rehabilitation

Zammit

(55)

[2008] NSWSC 317

Howie J

Unlawful and dangerous

Assault - domestic

PG

(20%)

Priors including violence

6y 3m

NPP 4y

 

After night of drinking became angry with de facto and pushed her against refrigerator – V appeared injured but declined assistance – argument continued next morning and V thrown against cupboard – assistance again declined – died several hours later – fractured ribs and neck bone – V and offender both intoxicated

Alcohol abuse – childhood abuse- serious health issues

Ibrahim

(27)

[2008] NSWSC 268

Price J

 

[2009] NSWCCA 15

 

Co-offenders:

KR

PR

Unlawful and dangerous

Stabbing – general

Accessory

PG

(15%)

Priors – breached bail

9y 4m

NPP 6y 6m

AD

Victim and brother lured to car park to discuss dispute – four men assaulted V – V stabbed in leg by co-offender causing death – aware of presence of knife – agreement to assault causing less than GBH – premeditated offence – joint criminal enterprise

Difficult childhood

Hopley

(35)

[2008] NSWCCA 105

Unlawful and dangerous

Fight

Assault - general

VGPriors – less serious

5y

NPP 3y

AD

Punched male stranger twice in altercation outside nightclub – altercation between two groups began inside nightclub – spontaneous response to violence initiated by third person – acted in anger not self defence

Sole parent to 13y son - remorse

Sin

(20)

[2008] NSWSC 621

McClellan CJ at CL

Unlawful and dangerous

Fight

Stabbing - general

PG

(12.5%)

Driving offences and involvement in brawl

10y 6m

NPP 7y

 

Fight outside shopping centre between Lebanese and Asian groups – offender stabbed male in side with cheese knife – no intent to inflict deep wounds

Genuine remorse – Cambodian – prospects of rehabilitation

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

Horan

(20)

[2008] NSWSC 990

Studdert AJ

 

 

Co-offenders:

BOXX [2009]

CHARMAN [2007]

Unlawful and dangerous

Assault – general

Accessory

VG

(at murder trial – 40% offer to plead and assist)

 

Sched:

3 x firearms

Nil

6y

NPP 4y

 

Party to agreement to rob V at home to obtain money and documents – visited residence earlier posing as security guard – accompanied co-offender to house at night and stood watch – V fatally assaulted by co-offender with torch – motivated by financial gain

Remorse – favourable prospects of rehabilitation – pleaded guilty to manslaughter – evidence against co-offender – onerous custodial condition

KR

(25)

 

 

 

PR

(21)

 

[2008] NSWSC 970

Price J

 

Co-offender

IBRAHIM

Unlawful and dangerous

Stabbing – general

Accessory

PG

(50% plea and assist)

 

 

PG

(50% plea and assist)

 

Sched: assault

AOABH and intimidate police – not agg factor

 

Intimidate police – not significant

5y 2m

NPP 3y 7m

 

 

 

5y 2m

NPP 3y 7m

 

Victim and brother lured to car park to discuss dispute – four men assaulted V – V stabbed in leg by co-offender causing death – aware of presence of knife – agreement to assault causing less than GBH – pre-planned offence – PK punched victim's brother

Difficult childhood – remorse – good prospects of rehabilitation – unlikely to reoffend – valuable assistance in unrelated matter – protective custody and witness protection

Carroll

(20)

(2008) 188 A Crim R 253

NSWCCA

 

[2009] HCA 13

 

(2010) 200 A Crim R 284

NSWCCA

Unlawful and dangerous

Fight

Assault - general

PGNil

3y

NPP 18m

PD

Crown AA

3y

NPP 18m

 

AA

Matter remitted to CCA

 

Crown AA

18m suspended sentence to date from 1.12.2009

Altercation outside hotel between V and offender's group of friends – V made idle threat to kill – offender head butted V who fell back onto road – died ten days later – V heavily intoxicated

Excellent prior character – depression resulting from offence – genuine understanding of consequences of act – excellent prospects of rehabilitation

Full-time imprisonment required but in light of exceptional circumstances imprisonment suspended

Kari

(19)

 

 

 

 

 

H

(16)

 

[2008] NSWSC 993

Hidden J

Unlawful and dangerous

Juvenile

Shooting – general

Accessory

PG

(15%)

 

Sched:

Home invasion

 

PG

(15%)

 

Sched:

Rob in co

Dishonesty and drug offences – breached bail and bond

 

 

 

Alarming record for violence – breached probation

7y

NPP 4y 6m

 

 

 

 

 

6y

NPP 3y 6m

 

Part of group of men attending V's house intending to shut down drug operation – K handed gun by H at last minute – during subsequent struggle K fired shot voluntarily but without intent – V fatally hit in chest – reluctant participants

K – remorse – family support – good prospects of rehabilitation

H – prospects of rehabilitation

Irvine

(20)

[2008] NSWCCA 273

Unlawful and dangerous

Excessive self defence

Assault - general

PG

(25%)

nil

3y

NPP 2y

PD

Crown AD

Number of young people taking part in burnouts on street – V crashed vehicle and left scene – offender and friend went after V to tell him to return to scene and await police – V intoxicated and abusive – offender punched V in self-defence – V suffered haemorrhage - V had congenital abnormality in vertebral artery which may have required less trauma to have caused haemorrhage.

Strong subjective case – youth – rehabilitation

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

Hatch

[2008] NSWSC 1411

Adams J

Unlawful and dangerous

Fight

Stabbing - general

VG

(at murder trial)

Priors – breached bond

5y 6m

NPP 2y 6m

(cumulative to 6m for breach of bond)

 

Stabbed male acquaintance during struggle – during earlier fight V punched and kicked offender to unconsciousness – several hours later V entered house containing offender and two friends armed with knife and iron pipe – co-offender stabbed and seriously wounded by V – during subsequent struggle offender used knife to fatally stab V - elements of defence provocation and aggression – all parties intoxicated – co-offenders sentenced for AOABH in company – lower end of seriousness

Difficult childhood – drug and alcohol abuse – remorse – prospects of rehabilitation

Jackson

[2009] NSWSC 168

Howie J

Unlawful and dangerous

Stabbing – general

Accessory

PG

(15%)

Lengthy record – breached parole

8y

NPP 5y 6m

 

Involved in armed robbery of restaurant with co-offender – co-offender entered restaurant armed with club lock from stolen car and stabbed employee during struggle – offender waited outside in car then entered to take cash register – foresaw use of weapon to inflict injury only

Aboriginal with deprived upbringing – drug addiction – protection – genuine remorse

Co offender sentenced for murder – Webb [2008] NSWSC 1351

Jeffrey

 

 

 

 

 

Mealey

(34)

 

[2009] NSWSC 202

Fullerton J

Unlawful and dangerous

Assault – general

Accessory

PG

(25%)

Manslaughter

 

Rob in Co

 

 

PG

(25%)

Manslaughter

 

Rob in Co

Record including assault in similar circum – breached bond

 

dishonesty

6y

NPP 3y 6m

 

 

2y 6m

(concurrent)

 

4y

NPP 2y 2m

 

 

FT 18m

(concurrent)

 

M knocked on door of unit of neighbour to J – J forced open door knocking 87y male occupant to ground – V robbed of money and left injured in unit behind locked door – no attempt to obtain assistance - hospitalised for fractured hip and died of complications ten days later – J dominant offender – intent to rob for money to buy drugs – M sentenced as aider and abettor and failure to provide assistance to V – V vulnerable and deliberately chosen by J

J – female - difficult marriage resulting in drug addiction – some prospects of rehabilitation in view of family support

M – female - aboriginal with difficult childhood including sexual abuse – abusive relationship with boyfriend – drug addiction – low intelligence – homeless – influenced by co-offender – recent attempt at rehabilitation makes positive prospects of rehabilitation - remorse

Munter

(36)

[2009] NSWSC 158

Howie J

Unlawful and dangerous

Fight

Assault - general

PGMinor driving offence

3y 3m

NPP 18m

 

Abused 66y male stranger watering lawn – believed breaching water restrictions – heated exchange – punched V to head – pushed V over and kicked in mid-section – minor assault – V died of cardiac arrest – diseased heart exacerbated by assault

True remorse – suffering chronic permanent back pain at time of offence – pain to affect custodial conditions

Boxx

(19)

[2009] NSWSC 298

Studdert AJ

 

Co-offenders:

HORAN [2008]

CHARMAN [2007]

Unlawful and dangerous

Assault – general

Accessory

VG

(at murder trial)

Nil priors – subsequent drug offence

10y

NPP 7y 6m

 

Party to agreement to rob V at home to obtain money and documents –accompanied Horan into house armed with torch - V fatally assaulted with torch – unclear who inflicted blows – joined plan late – V mild degree of mental handicap

Fair prospects of rehabilitation

Seelin

(37)

[2009] NSWSC 286

Fullerton J

Unlawful and dangerous

Shooting - domestic

PG

(10%)

Mansl

 

Possess unauthorised firearm

Nil

7y 2m

NPP 5y 4m

 

 

FT 2y 6m

(concurrent)

 

Shot male neighbour attempting to force entry into house – friendly relationship soured over time – V assaulted offender and made threats against family – offender kept loaded revolver in house with young children for some time before shooting – probably kept for protection – legitimate fear – on day of shooting approached V with loaded firearm concealed – V later approached offender outside house and repeated threats – pursued offender into house and damaged screen door – offender fired one shot through screen door – element of self-defence and defence of young children in house

Prior good character – offence out of character – sound prospects of rehabilitation – mild chronic depressive illness

Mills

(40)

[2009] NSWSC 521

Howie J

Unlawful and dangerous

Fight

Stabbing - general

PGOld assault offences – more recent minor offences

7y 3m

NPP 4y 6m

 

Stabbed 44y male acquaintance during argument in kitchen of mutual friend – one stab to chest – intoxicated and under influence of drugs

Genuine remorse

GJL

(36)

[2009] NSWDC 167

Knox SC DCJ

Unlawful and dangerous

Assault – domestic

Young child

PG

(20%)

nil

6y

NPP 4y

 

Mother of 9w baby violently shook baby – using drugs – one off incident

Suffering long term psychiatric problems as a result of sexual assault and drug use

CW

(16)

[2009] NSWSC 1155

Hall J

 

[2011] NSWCCA 45

 

Co-Offenders:

DGP

PB

Unlawful and dangerous

Assault – general

Juvenile

Accessory

VG

(at murder trial)

Nil

9y

NPP 6y

AD

Joint criminal enterprise – group of three young males kicked and assaulted male on oval – offender kicked V on ground – spontaneous attack with no pre-planning – unprovoked attack

Prior good character

DGP

(16)

 

 

 

 

 

 

 

 

PB

(16)

 

[2009] NSWSC 1154

Hall J

 

[2010] NSWSC 1408

Hall J

 

Co-offender:

CW

Unlawful and dangerous

Assault – general

Juvenile

Accessory

PG

(20%)

 

 

 

 

 

 

 

 

PG

(20%)

Nil

 

 

 

 

 

 

 

 

 

Limited history

8y

NPP 5y

 

7y 11m 20d

NPP 4y 11m 20d

(sentence adjusted to allow full term to be spent in juvenile detention centre)

 

5y

NPP 3y

 

Joint criminal enterprise – three young males kicked and assaulted intoxicated male walking across oval – mistakenly believed V had called out abuse – spontaneous attack with no pre-planning – kicked to head by co-offender – PB initiated verbal attack but no actual physical attack and therefore lesser culpability – seriousness of offence towards high end of range

DGP – prior good character – intoxicated – low intelligence – remorse – good prospects of rehabilitation – aboriginal descent – sentence adjusted to allow total time in detention centre

PB – remorse – rehabilitation – good prospects of rehabilitation

Benbow

(29)

[2009] NSWSC 1472

R A Hulme J

Unlawful and dangerous

Assault - general

PG

(17%)

Manslaughter

 

AOABH

Prior convictions including violence – breached bail

7y 6m

NPP 4y 6m

 

 

FT 3m

(concurrent)

 

After drinking with two friends fell asleep on bed – when prodded awake with cricket bat grabbed bat and assaulted one male with bat in sustained attack – struck second male with bat – claimed no memory due to drinking and serapax – spontaneous, unreasonable and irrational response

Longstanding substance abuse

Gloginya

(41)

[2009] NSWSC 1435

McCallum J

Unlawful and dangerous

Assault - domestic

PG

(10%)

Record for lesser offences of violence – no offences since 1998

7y 8m

NPP 4y 9m

 

Strangled 56y male – sharing residence and carer for V but had taken recent steps to end responsibilities – spontaneous offence – circumstances of killing unclear

Suffering brain injury

Young

(22)

[2009] NSWCCA 298

Unlawful and dangerous

Fight

Motor vehicle

PG

(12.5%)

Minor traffic matter

8y

NPP 5y

AD

Heavily intoxicated after drinking at hotel – verbal and minor physical altercation between offenders' group and V's group – drove car towards V's group, mounted footpath and struck V – intent to frighten – spontaneous offence – left scene of accident

Remorse – good prospects of rehabilitation

Shepherd

(31)

[2010] NSWSC 154

RA Hulme J

Unlawful and dangerous

Assault – domestic

Young child

PG

(12.5%)

Record including assaults

7y

NPP 4y 6m

 

Killed 4m son – had sole care of child after mother died – death caused by blunt force injury to head – accepted handling of child on occasion too rough on more than one occasion – threw child onto bed in frustration - no experience in caring for children and inadequate knowledge – caused fractured ribs on different occasion – offence in lower range

Difficult and traumatic childhood – suffering depression - strong remorse – good prospects of rehabilitation

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

Hutchison

(33)

[2010] NSWCCA 122

Unlawful and dangerous

Fight

Assault – general

PGAssault offences

7y 6m

NPP 5y 6m

ADPunched male V twice to head in hotel – first punch in self-defence – both intoxicated – aggressive behaviour all night – history of aggression when intoxicated

NLH

(18)

[2010] NSWSC 662

RA Hulme J

 

Co-offender:

PFC

Unlawful and dangerous

Assault – domestic

Young child

PG

(30% plea and assist)

Nil

4y 2m

NPP 2y 6m

 

Killed 7 week old baby – blunt force injury to head - young mother of V and toddler – post natal depression – domestic violence by partner towards V in past

Remorse – good rehabilitation prospects.

Donaczy

(28)

[2010] NSWCCA 143

Unlawful and dangerous

Fight

Assault - general

PG

(20%)

Prior record – not serious

6y

NPP 3y 6m

AD

Punched male acquaintance once to head outside hotel – evidence suggests tension between offender and V throughout the night

Difficult and abusive childhood – early drug abuse – part aboriginal – good prospects of rehabilitation

LC

(32)

[2010] NSWSC 815

Hidden J

Unlawful and dangerous

Assault – domestic

Young child

PG

(10%)

Manslaughter (diminished responsibility)– killed stranger at brothel – breached parole

14y 6m

NPP 10y 6m

 

Killed 13m stepson – held baby around the neck and shaking and choking him violently – threatened mother with knife when she attempted to intervene – threw child on mattress and stomped on chest - prior assaults over previous five months – slapped, shook, choked and punched baby on four prior occasions – impulsive offence

Aboriginal with difficult childhood – drug and alcohol abuse

AJC

(17)

(2010) 207 A Crim R 307

NSWCCA

Unlawful and dangerous

Assault – general

Juvenile

PG

(40% for plea and assist on appeal)

nil

2y 6m

NPP 18m

PD

Crown AA

3y

NPP 1y 9m

PD

Single punch to 20y male at show – been advised by co-accused that V had tried earlier to fight physically vulnerable youth – followed V and delivered unexpected punch to head – no provocation or opportunity for self-defence – innocent V – impulsive attack of immature youth - committed in presence of child under 18y – below mid-range

Genuine and deep remorse – voluntarily surrendered to police – assistance in relation to co-accused – publicly named by newspaper

On appeal - discount for assistance excessive

Horton

(27)

[2010] NSWSC 1007

Davies J

Excessive self defence

Unlawful and dangerous

Stabbing - general

PG

(15%)

Record including violence – breached bond for assault offence

4y 3m

NPP 2y

 

Stabbed V with V's knife during drug deal – V had first stabbed offender three times leaving knife in shoulder – stabbed once only - element of provocation – unlawful and dangerous act – bottom of range – disposed of V's car keys

Drug and alcohol addiction – depression – genuine remorse

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

Sutton

(19)

[2010] NSWSC 1273

Adams J

Unlawful and dangerous

Assault – domestic

Young child

PG

(25%)

minor

4y

NPP 2y

 

Caused death of 6m daughter through improper handling that reasonable person would have known carried appreciable risk of harm – nature of assault unclear – probably shaking - no prior violence – isolated aberration inconsistent with offender's character – probably single unpremeditated act of momentary frustration and lack of control in ignorance of potential for significant injury

Remorse – very good prospects of rehabilitation – strict protection

SS

(40)

[2010] NSWSC 1169

Kirby J

Unlawful and dangerous

Arson

PG

(17.5%)

Minor offences

6y 7m

NPP 3y

 

Female set fire to house in attempt to commit suicide – rescued by partner who died from burns – intoxicated and upset at time of offence

Suffered serious burns – troubled background and chaotic life with drug and alcohol abuse and mental disorders – previously set fire to bedroom in similar manner being rescued by neighbours – good prospects of rehabilitation

Colley (No.4)

(18)

[2010] NSWSC 1475

Rothman J

Accessory

Unlawful and dangerous act

Assault - general

VGnil

4y 6m

NPP 16m

 

2 brothers told male V had assaulted sister – also suggestion sister had been raped – directed brother to V's home and waited outside during assault – offender entered house and pulled brother off attack – left house neither realising assault had killed V

Remorse and attempted suicide – suffering depression - prior good character – restrictive bail conditions

Sparks

(26 at offence – 49 at sentence)

 

 

 

 

 

 

 

 

 

 

 

D Stracey

(26 at offence – 49 at sentence)

 

[2010] NSWSC 1512

Adams J

Unlawful and dangerous

Assault – general

Motor vehicle

PG

(25%)

Mansl

 

Rob in Co

 

 

AR

 

Sched:

3 offences

 

 

 

PG

(25%)

Mansl

 

Rob in Co

 

Sched:

2 offences

Lengthy record including recent charges

 

 

 

 

 

 

 

 

 

 

 

Numerous offences until 1993

6y 9m

NPP 3y 6m

 

 

3y 9m

NPP 2y

 

4y 10m

NPP 2y 6m

 

Total:

7y 10m

NPP 4y 6m

 

5y 3m

NPP 2y

 

 

3y

NPP 1y 6m

(concurrent)

 

Manslaughter offence committed 1987 – co-offenders drove van in front of female pedestrian and attempted to grab handbag – 40m later Stracey drove van past female pedestrian standing on island – Sparks reached out and grabbed handbag – 3mins later drove past female V and grabbed handbag – V struck head on kerb in attempt to resist robbery – abandoned van and stole car – took extensive steps to cover up involvement – offence opportunistic but part of pre-mediated pattern of criminal behaviour

Sparks robbed real estate with blood filled syringe and knife in 1997 – partial concurrence for this later offence - disturbed childhood – poly drug abuse – drug affected at time of offence – genuine remorse

Stracey – rehabilitation from drug abuse in early 1990s – supportive family

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

Pirini

(21)

[2011] NSWSC 1395

RA Hulme J

 

 

 

Co-offenders:

LA ROSA

AOULI

COSTA

MENZIES [2012]

HAWI [2015]

Accessory

Stabbing – general

Assault – general

Fight

Unlawful and dangerous

PG

(20%)

Manslaughter

 

Affray

Driving offences

6y

NPP 3y

 

 

FT 2y 2m

 

Total:

6y 6m

NPP 3y 6m

 

Member of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – member of rival club pursued and assaulted inside security gate by Comencheros including offender – involved in scuffle but did not punch or kick – during affray outside security area involved in fight with single member of rival club but did not use weapon and did not assault manslaughter V – during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - good prospects of rehabilitation – remorse

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

NR

(16)

[2011] NSWSC 280

Garling J

Unlawful and dangerous

Assault – domestic

Juvenile

VG

(at murder trial – 25% for offer)

nil

7y 6m

NPP 4y 6m

 

Struck 19y male sitting on chair in abandoned house from behind with piece of wood to head – angered at relationship between V and offender's ex-girlfriend – intended to have fistfight – picked up piece of timber close to entering house and while in distressed state of mind – became distressed prior to offence when realised close friend had died traumatically in area - unusual strength and hardness of wood not known to offender – intended to provoke fight not cause serious injury - panicked and refused to allow ambulance to be called for 30mins – offence involved a weapon and was committed in presence of others aged under 18y

Remorse – very good prospects of rehabilitation

Winefield

(45)

[2011] NSWSC 337

Fullerton J

 

Unlawful and dangerous

Fight

Stabbing - general

VG

(at murder trial)

Prior record for violence

10y

NPP 7y 6m

 Stabbed 18y male stranger in chest during fight on street – both intoxicated – offender was aggressor at all times and wielded knife – V killed in presence of friends aged below 18y – use of knife an aggravating factor

La Rosa

(37)

[2011] NSWSC 1394

RA Hulme J

 

 

Co-offenders:

PIRINI

AOULI

COSTA

MENZIES [2012]

HAWI [2015]

Accessory

Stabbing – general

Assault – general

Fight

Unlawful and dangerous

PG

(15%)

Manslaughter

 

Affray

Driving offences – on bail for driving offence

6y 7m

NPP 3y 3m

 

 

FT 2y 4m

 

Total:

7y 1m

NPP 3y 9m

 

Treasurer of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – member of rival club pursued and assaulted inside security gate by Comencheros - affray outside security area where manslaughter V fatally assaulted and stabbed – present but no physical acts during either incident - during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - good prospects of rehabilitation - remorse

Aouli

(28)

[2011] NSWSC 1393

RA Hulme J

 

[2012] NSWCCA 104

 

 

 

Co-offenders:

PIRINI

COSTA

LA ROSA

MENZIES [2012]

HAWI [2015]

Accessory

Stabbing – general

Assault – general

Fight

Unlawful and dangerous

PG

(12.5%)

Manslaughter

 

Affray

Priors including assault – breached bail

5y 8m

NPP 3y

 

 

FT 2y 5m

 

Total:

6y 2m

NPP 3y 6m

AD

Member of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – flew in from Melbourne with other members of club having arranged for additional members to meet at airport - member of rival club pursued and assaulted inside security gate by Comencheros including offender – did not throw punch – present during affray outside security area where manslaughter V fatally assaulted and stabbed but not physically involved – during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - good prospects of rehabilitation – remorse – good employment history

Costa

(29)

[2011] NSWSC 1392

RA Hulme J

 

 

 

 

 

Co-offenders:

PIRINI

AOULI

LA ROSA

MENZIES [2012]

HAWI [2015]

Accessory

Stabbing - general

Assault – general

Fight

Unlawful and dangerous

PG

(12.5%)

Manslaughter

 

Affray

Nil

6y 7m

NPP 3y 4m

 

 

FT 2y 4m

 

Total:

7y 1m

NPP 3y 9m

 

Secretary of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – met Club members alighting from plane having arranged for attendance of other members at airport - member of rival club pursued and assaulted inside security gate by Comencheros including offender - involved in scuffle but did not punch or kick – present during affray outside security area where manslaughter V fatally assaulted and stabbed but not physically involved – during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - good prospects of rehabilitation – remorse – good work ethic – married with two children

Scott

(36 at offence – 44 at sentence)

[2012] NSWSC 70

Buddin J

Unlawful and dangerous

General

VGRecord – not significant

7y 6m

NPP 4y 6m

 Killed female acquaintance - time, cause and place of death unknown – remains found 5 years later – acted to conceal body – both V and offender drug addicts

Dean-Willcocks

(23)

[2012] NSWSC 107

Garling J

Unlawful and dangerous

Assault - general

VG

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

 

7y 6m

NPP 4y

 

Sustained chase and assault of male stranger in late 60s on street in early hours of morning – tackled him to concrete path and body slammed prone V twice – caused multiple injuries to skull, brain, neck and ribs – offender returning from city very intoxicated – motivated by racial prejudice against Asians – vulnerable V – spontaneous offence

Good character – good prospects of rehabilitation

Spark

(23)

[2012] NSWCCA 140

Motor vehicle

Unlawful and dangerous

PG

(25%)

Mansl

 

Mansl

 

Sched:

Agg BES

Take and drive conveyance

Significant record including car theft offences – breached parole

13y 6m

NPP 9y 9m

 

 

12y 6m

NPP 8y 9m

 

Total

15y

NPP 11y 3m

AD

Broke into home and stole car keys – drove away car parked in driveway – next day drove stolen vehicle on incorrect side of road - collided with oncoming car killing driver and passenger – under influence of drugs and alcohol – police pursuit over 2.2km up to speeds of 185kph – continued at high speeds after pursuit terminated for 3.2km – wet conditions – unlicenced – very high level of culpability

Genuine remorse

Menzies

(26)

[2012] NSWSC 158

RA Hulme J

 

 

 

 

Co-offenders:

PIRINI [2011]

AOULI [2011]

LA ROSA [2011]

COSTA [2011]

HAWI [2015]

Accessory

Stabbing general

Assault – general

Fight

Unlawful and dangerous

PG

(15%)

Mansl

 

VG

Affray

Two incidents of violence in public place

7y 2m

NPP 3y 8m

 

 

3y

 

Total:

7y 8m

NPP 4y 2m

 

Member of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – flew in from Melbourne with other members of club having – involved in affray where member of rival club pursued and assaulted inside security gate by Comencheros – present during affray outside security area where manslaughter V fatally assaulted and stabbed - sentenced for participation in joint criminal enterprise to commit unlawful and dangerous act in circumstances which objectively carried appreciable risk of serious injury being caused

Aboriginal - left Club - good prospects of rehabilitation – genuine remorse

Humphries

(25)

[2012] NSWSC 419

RA Hulme J

Unlawful and dangerous act

Assault – general

Accessory

PG

(15%)

Nil

6y

NPP 3y 9m

 

With W and others, assaulted V during a planned "drug deal rip-off" – not the principal offender but  was armed with bat and assisted in assault of V and bringing V to ground – assisted with disposal of body – had role of "back-up" - blindly followed W's lead who was manipulative – at time of assault, offenders did not know that they had killed V - W convicted of murder.

Prior good character – employed – suffered injuries through employment – support of family, friends – remorse – rehabilitation prospects - special circumstances – first period of imprisonment.

Co-offender White sentenced for murder [2012] NSWSC 1573

Li

(22)

[2012] NSWSC 477

Adamson J

Unlawful and dangerous

Assault - domestic

PG

(25%)

Mansl

 

Agg Rob

 

8 x Obtain money by deception

Nil

10y 6m

NPP 7y

 

 

FT 6y

 

FT 1y

 

Total

12y

NPP 8y 6m

 

V (63 year old male) had met with offender for sexual encounters on various occasions – V found at home bound and gagged - died by asphyxiation – offender had beaten and bound V and left him abandoned – taken ATM cards and made number of withdrawals totalling $7k – did not check to see whether V was alright

Student from China - support form family.

Williams

(26)

[2012] NSWSC 520

Hidden J

Unlawful and dangerous

Assault - general

PG

(15%)

Agg driving cause death; high-range PCA

6y

NPP 3y 9m

 

Struck V to side of head with baseball bat causing severe brain injury – no ill-will towards V who was innocent bystander – angry with third person over phone call to police about behaviour of offender's father – armed with baseball bat to confront third person – V and others were there to help third person – offender impulsively struck V as he was approaching - went to work following day – initially denied matter to police

Dysfunctional childhood – supportive grandparents and sister – rehabilitation prospects – remorse.

Braddon

(36)

[2012] NSWSC 662

Hidden J

Unlawful and dangerous

Assault - domestic

PG

(20%)

Not relevant

5y 6m

NPP 3y

 

Assaulted neighbour with piece of wood.

Mental illness - bipolar disorder – reasonable rehabilitation prospects - remorse.

Shedden

(31)

[2012] NSWSC 759

Fullerton J

 

[2013] NSWCCA 225

 

 

 

Co-offender:

FORBES [2011]

Unlawful and dangerous

Shooting – general

Fight

Accessory

PG

(25% plea and assist)

violence

9y

NPP 6y 9m

AD

Male shot dead emerging from car that had been lured into suburban street – attack retaliation for earlier assault by V on several members of group – allowed house to be used for planning of assault on V and present during attack - aware someone in group of assailants had gun – played a principal role – high degree of criminality

Protective custody - lost all contact with family, wife and children – brother sentenced for murder

Brother sentenced for murder Shedden [2012] NSWSC 854

Mariam

(24)

[2012] NSWSC 1023

Latham J

 

[2013] NSWCCA 338

Unlawful and dangerous

Fight

Shooting - general

VG

(at murder trial – 15% for offer)

Mansl

 

Affray

Old robbery offences

7y 9m

NPP 5y 9m

 

 

 

 

FT 3y

 

Total:

8y

NPP 6y

Crown AA

12y

NPP 8y 9m

 

 

 

FT 4y

 

Total:

13y

NPP 9y 9m

Involved in arranged confrontation between two groups of male youths – fired up to ten cartridges from Ruger pistol at opposing group in car park – bullet struck truck driver across road killing him instantly – first to discharge firearm

Married with two children – moderate prospects of rehabilitation

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

WA

(20) (16 at time of offence)

[2012] NSWSC 1317

Button J

 

[2014] NSWCCA 92

 

Co-offender

ASLETT

ASLETT

Unlawful and dangerous

Juvenile

Shooting – general

Fight

PG

(25%)

Agg BES – BES - resist police – stalking - intimidation

8y

NPP 6y

AD

Offender's car allegedly set alight by V (neighbour) – offender went with brother and cousin to confront V – brother and cousin armed with baseball bat and machete – armed with loaded rifle – shot number of bullets parallel to ground – one bullet hit V in back and penetrated heart – gross spontaneous overreaction.

Dysfunctional upbringing – remorse – rehabilitation prospects.

Castle

(54)

[2012] NSWSC 1603

RA Hulme JA

Unlawful and dangerous

Assault - general

PG

(25%)

Armed rob, demand money, drugs, assault.

7y 6m

NPP 5y 8m

 

1998 offence - single punch - robbery of female at ATM - during struggle offender punched V causing her to fall – offender's image caught on CCTV at ATM but denied involvement – DNA match

Drug abuse – depression - lack of empathy towards V.

O'Brien

(19)

 

 

 

 

 

McManus

(19)

 

 

 

 

 

Williams

(23)

 

 

[2012] NSWSC 1503

Price J

Unlawful and dangerous act

Shooting - general

Accessory

PG

(15%)

Manslaughter

 

s97(1) att rob in company

 

PG

(15%)

Manslaughter

 

s97(1) att rob in company

 

PG

(15%)

Manslaughter

 

s97(1) att rob in company

Malicious wound, rob in co

 

 

 

 

Rob in co, Driving with drugs

 

 

 

 

Assaults, AOABH, on bond

7y 10m

NPP 5y 6m

 

 

FT 4y 3m

(concurrent)

 

7y 8m

NPP 5y 4m

 

 

FT 4y 1m

(concurrent)

 

8y 1m

NPP 5y 9m

 

 

FT 4y 6m

(concurrent)

 

V was part of group who had arranged to supply ecstasy to offenders – offenders planned to rob suppliers and on-sell drugs for significant financial gain - V died from gunshot wound to head during robbery attempt – gun fired from vehicle driven by offenders - each offender sentenced on basis he did not fire gun and did not know of weapon.

O'Brien – substance abuse – schizophrenia

McManus – substance abuse – good rehabilitation prospects

Williams – tragic early life following death of mother – early use of drugs and alcohol – prospects of employment – family support - special circumstances

Forrest

(22)

[2013] NSWSC 377

Fullerton J

 

Unlawful & dangerous

Young child

Assault - domestic

PG

(10%)

Drugs, assault

8y

NPP 6y

 

In relationship with V's mother – V aged 4 – gave V a bath – repeatedly struck V to head, face and nose causing serious head injuries - struck V in abdomen – position of care and trust – considerable assault but not sustained or premeditated – affected by drugs.

Amphetamine use – dysfunctional upbringing – poorly educated – prone to violent outbursts.

Kain

[2013] NSWSC 638

Adams J

 

Unlawful and dangerous

Assault - domestic

Strangled

PG

(25%)

Nil

6y 9m

NPP 4y

 

Strangled mother following argument – had lived together – immediately called sister and confessed.

Offence out of character - offender suffered dementia - state of mind likely to have prevented him truly appreciating likely outcome of his actions - cognitive impairment caused by brain damage caused delay in processing information – dementia caused loss of control in extent of violence inflicted.

Special circumstances – alcohol addiction and dementia.

Madden

(50)

[2013] NSWSC 710

Hidden J

Unlawful and dangerous

Arson

PG

(15%)

Not significant

7y

NPP 4y

 

Lived with two males V and P – following argument between V and P offender threw methylated spirits on V's coat and ignited it with cigarette lighter – V collapsed almost immediately – offender left – V probably suffered cardiac arrest because of being set on fire - all three chronic alcoholics – offender severely intoxicated

Rehabilitation – remorse – alcoholism.

Brown

(23)

[2013] NSWSC 715

Grove AJ

 

Excessive self defence

Unlawful and dangerous

Stabbing general

Accessory

VGReckless GBH

5y

NPP 3y

 

With 3 other co-accused confronted V over belief offender damaged prized motor vehicles – V arrived armed with gun and discharged shots – all offenders chased and assaulted V - S inflicted stab wound – element of provocation

Aboriginal – deprived upbringing – mild intellectual disability

Co-offenders sentenced for murder: Sutcliffe, Hoskins, Moulds: [2013] NSWSC 715 / [2014] NSWCCA 208 / [2014] NSWCCA 207 / [2016] NSWCCA 157

McCulloch

(23)

 

 

B.Biffin

 

 

 

 

 

A.Biffin

(31)

 

 

[2013] NSWSC 894 Rothman J

Unlawful and dangerous

Accessory

Assault - general

PG

1/6th

Violence – dishonesty – BES - driving

 

Stealing - illegal use MV - BES; mal damage – drugs - driving.

 

Drug offences

6y 8m

NPP 3y 4m

 

 

7y 1m

NPP 3y 7m

 

 

 

 

5y 10m

NPP 2y 11m

 

Four co-offenders planned to rob drug dealer of drugs and money – V assaulted at premises and died – all party to assault although definite cause of death undetermined

McCullogh - difficult upbringing – drug and alcohol abuse from young age – little formal schooling -  rehabilitation – remorse – special circumstances

Biffin, B - difficult upbringing – drug and alcohol abuse from young age – children - rehabilitation – special circumstances

Biffin, A – difficult upbringing – drug and alcohol abuse –children – little formal schooling – employed from time to time – rehabilitation – remorse – family support – special circumstances

Co-offender Smith sentenced for murder: [2012] NSWSC 1565

Abbas

(18)

[2013] NSWSC 1379

Beech-Jones J

 

 

[2014] NSWCCA 188

Unlawful and dangerous

Shooting - general

PG

(25%)

Mansl

 

AOABH in Company

 

Possess prohibited pistol

 

Sched:

Possess ammo

minor

11y

NPP 7y

 

 

FT 2y

 

 

FT 3m

 

Total:

11y

NPP 8y

AD

 

Attended home of friend carrying prohibited pistol to confront male acquaintance over drug debt – assaulted male to head – pistol discharged killing friend of offender

Loveridge

(19)

[2013] NSWSC 1638

Campbell J

 

[2014] NSWCCA 120

Unlawful and dangerous

Assault - general

PG

(25%)

Mansl

 

Assault

 

Assault

 

Assault

 

AOABH

AOABH.  On cond liberty.

6y

NPP 4y

 

 

FT 4m

 

FT 4m

 

FT 4m

 

FT 6m

 

Total:

7y 2m

5y 2m

Crown AA

10y 6m

NPP 7y

 

FT 9m

 

FT 11m

 

FT 13m

 

22m

NPP 16m

 

Total:

13y 8m

NPP 10y 2m

Punched V in face (king-hit) in Kings Cross - V fell suffering massive skull fracture and brain injury – assaulted other Vs prior to and following this attack – had been out drinking with friends.

Youth – remorse – rehabilitation - difficult upbringing.

Phanekham No.3

(36)

[2014] NSWSC 508

Beech-Jones J

 

[2015] NSWCCA 295

Unlawful and dangerous

Stabbing - General

VG

(at murder trial - 10% for offer)

assault, possess drugs

8y

NPP 6y

ADStabbed V in abdomen following confrontation – V intoxicated and argumentative.

JP

(15)

[2014] NSWSC 698

Hall J

 

Co-offenders:

AN

JH

Unlawful and Dangerous

Assault - general

Juvenile

VGNil

10y

NPP 7y

 

Attended party uninvited - part of deliberate and unprovoked attack by six members of group on male guest – during sustained assault struck V over head with bottle causing death

Suffering intellectual disability

Salcedo

(24)

[2014] NSWSC 1099

Adams J

Unlawful and dangerous

Assault – domestic

VG

(at murder trial - 15% for offer)

Record including low level violence – breached suspended sentence and bail

4y

NPP 2y

 

Pulled and twisted scarf on girlfriend as she tried to stop him leaving unit – caused compression of blood vessel but no other injury – moderate force only - very unexpected death – did not intend any harm – no argument – victim intoxicated on amphetamines significantly contributing to death - well within lowest range

History of psychotic symptoms and schizophrenia – drug use - reduced moral culpability and general deterrence but increased focus on personal deterrence

Bryce

(41)

[2014] NSWSC 1184

Beech-Jones J

Unlawful and dangerous

Assault - domestic

VG

(at murder trial)

Lengthy record including conviction for assault on former partner – breached bond

8y

NPP 6y

 

Assaulted female partner in their unit - subdural haematoma – no evidence as to how injury caused – offender did not realise assault dangerous – failure to obtain medical assistance aggravating factor although not aware injuries life threating

Dysfunctional people in dysfunctional relationship – history of violence by both parties

Wood

(30)

[2014] NSWCCA 184

Unlawful and dangerous

Assault - general

PG

(5%)

AOABH, assault, obstruct officer, assault officer

6y 8m

NPP 5y

Crown AA

11y 4m

NPP 8y

Pushed 71y female in his way while riding bike – V fell to ground hitting head and died – unprovoked, aggressive offence

Aboriginal background – previous assault committed in similar circumstances

Robertson

(44)

[2014] NSWSC 1401

Harrison J

 

[2015] NSWCCA 251

Unlawful and dangerous

Accessory

Stabbing - general

PG

(15%)

 

10y 8m

NPP 8y

AD

Part of a joint criminal enterprise involving unlawful and dangerous act – agreement to "rough up" or assault male target in return for drugs – offender drove co-offender to place where target worked – stayed in car – co-offender mistakenly stabbed 15y son of target V in chest killing him – V was a 15 year old boy - no knowledge co-offender armed with knife/weapon or would kill or inflict GBH.

Rehabilitation prospects – good family support – no previous violence

Co-offender sentenced for murder: McArthur [2014] NSWSC 1401

Hunter (No 15)

(37)

[2014] NSWSC 1456

Button J

Unlawful and dangerous

Accessory

Assault – general

Fight

VGViolence offences – lengthy record

8y

NPP 6y

 

Fight on street with V and others – V hit offender with metal pole on head – offender left scene but returned and brutally assaulted V with weapons – V hit on forehead – died a few days later – revenge attack – planned – small degree of provocation

Cognitive functioning affected to a limited degree at time of offence by earlier blows to head - disadvantaged deprived background – Aboriginal

D'Ambrosio

(50)

[2014] NSWSC 1685

Adamson J

 

Unlawful and dangerous

Accessory

Assault - general

PG

(10%)

Drug offences - on parole.

9y 10m

NPP 7y 5m

 

Threatened with violence by V over non-payment of drug debt - arranged for group of men to come to offender's residence at time appointed for repayment for protection - V struck by mallet and baseball bat - offender orchestrated conflict that led to V's death – planning and deliberation - limited remorse.

Criminal history began late in life and resulted from drug addiction

Field

(39)

[2014] NSWSC 1797

Fullerton J

 

[2015] NSWCCA 332

Assault – general

Unlawful and dangerous

Fight

VG

(at murder trial)

nil

10y

NPP 7y 6m

AD

Punched male victim once to jaw in hotel car park during fight – unprovoked attack – escalating tensions between two groups in hotel during evening – fatal punch caused neck to rotate releasing arterial blood into cranial cavity

Offence out of character – retired rugby league player – community involvement

AN

(15)

[2014] NSWSC 1879

Hall J

 

AN (No.2)

[2015] NSWSC 308

Hall J

 

Co-offenders:

JP

JH

Accessory

Juvenile

Unlawful and dangerous

Assault - general

PG

(15%)

Nil prior – subsequent break and enter offences

5y 11m

NPP 3y

 

(Order made to remain in juvenile detention until 21 years)

 

Present in group of 6 during attack on 17y victim outside a party – victim struck to head with wine bottle and died of head injuries – intentional and unprovoked attack – attack was retaliation for victim speaking to police after being robbed months earlier – did not strike victim and not initiator of attack – bottom of hierarchy of co-offenders

Good prospects of rehabilitation

JH

(15)

[2014] NSWSC 1878

Hall J

 

[2017] NSWCCA 22

 

Co-offenders:

JP

AN

Accessory

Juvenile

Unlawful and dangerous

Assault - general

VG

(at murder trial)

nil

10y

NPP 7y

ADPresent in group of 6 during attack on 17y victim outside a party – victim struck to head with wine bottle and died of head injuries – intentional and unprovoked attack – attack was retaliation for victim speaking to police after being robbed months earlier – part of group decision to attack victim

Day

(27)

[2014] NSWCCA 333

 

Motor Vehicle

Unlawful and dangerous

PG

(25%)

Mansl

 

s.52A(3)

 

Sched:

2 x s.52A(3)

 

9y

NPP 6y

 

 

FT 3y

 

Total:

10y

NPP 7y

AD

Truck driver – veered off motorway and struck four cyclists on shoulder – one killed and three injured – significantly impaired by cannabis – grossly exceeded permitted driving hours in days prior to collision – chronic and acute fatigue – no proper rest breaks – moral culpability of high order

Experienced driver – suffering depression and anxiety from financial pressures – pressured to keep illegal hours by employer

Matthews

(40)

[2015] NSWCCA 49

Davies J

Unlawful and dangerous

Fight

Assault - general

PGAssault – AOABH - breach AVOs – property - minor drug offences – breached conditional liberty

7y 6m

NPP 5y

 

Male victim killed in fight – offender and victim known to one another – violence involving alcohol – victim with undiagnosed aneurysm – aneurysm burst during fight.

Very disadvantaged upbringing – alcohol and drug abuse from young age – alcohol abuse - prospects of rehabilitation – special circumstances – alcohol and psychiatric management

Lane (No 3)

(52)

[2015] NSWSC 118

Campbell J

 

[2017] NSWCCA 46

Unlawful and dangerous

Fight

Assault - general

VG

(at murder trial – 15% for offer)

 

Sched:

2 x AOABH

Dishonesty, drugs – breached conditional liberty

8y 6m

NPP 6y 4m

Conviction AD

Fight with male victim – both intoxicated – exchange of words - initial willingness by V to engage in an altercation with offender – offender escalated aggression after V sought to disengage – threw 2-3 punches - second punch delivered with intent to inflict some appreciable harm not really serious injury - force sufficient to knock V off his feet and hit head on ground causing suffered brain injury.

Previously good character – offence out of character -  suffering PSTD due to accident -  led to drug and alcohol abuse - remorse

Hawi

(28)

[2015] NSWSC 206

Hoeben CJ at CL

 

 

Co-offenders:

PIRINI [2011]

COSTA [2011]

LA ROSA [2011]

MENZIES [2012]

AOULI [2011]

Stabbing – general

Accessory

Fight

Unlawful and dangerous

PG

(17.5%)

Nil significant

6y 2m

NPP 3y 6m

 

President of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – member of rival club pursued and assaulted inside security gate by Comencheros - affray outside security area where manslaughter V fatally assaulted and stabbed – present but no physical acts during either incident - during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury – aggravating factor that it took place in public airport

Good prospects of rehabilitation – good family support

Matia

(34)

[2015] NSWCCA 79

Assault – general

Unlawful and dangerous

Fight

VGNil

3y

NPP 18m

Crown AD

Security guard - part of group that pursued group including victim away from hotel – victim armed himself with paint scraper – punched victim to head - acted in defence of another

Good character – offence out of character – security licence revoked – carer for mother – father to young child – genuine remorse

Lambaditis

(33)

[2015] NSWSC 746

Hall J

 

[2016] NSWCCA 117

Unlawful and dangerous

Assault – general

PG

(25%)

 

Sched:

AOABH

Mid-range PCA

9y

NPP 6y 9m

AD

Intoxicated male walking street late at night – punched male stranger in response to perceived negative comment – first victim's friend punched offender to head – offender retaliated by punching second male to head causing death – cowardly and unprovoked response – offender wholly responsible

Remorse – reasonable prospects of rehabilitation

Bouggas

(32)

[2015] NSWSC 914

McCallum J

Unlawful and dangerous

Assault - general

PG

(20%)

Minor drug and assault matters – breached parole

8y

NPP 5y

 

Argued with male acquaintance over stolen tablets –lifted and pushed victim against ledge of balcony six stories high – victim fell over balcony – did not foresee or intend fall

Long history of drug and alcohol abuse – deep remorse – good prospects of rehabilitation

Telemete

(30)

[2015] NSWSC 909

Adams J

Unlawful and dangerous

Assault – general

Fight

Accessory

VG

(at murder trial – 25% for offer)

Trivial offence

7y 6m

NPP 4y 6m

 

Fight between group of Samoan born men and Victim and friends after midnight on street – all intoxicated – V assaulted and kicked by co-offender – offender inflicted some injuries – V died from positional asphyxiation – offender left scene unaware of seriousness of injuries

Genuine remorse – out of character – good prospects of rehabilitation

McNeil

(25)

[2015] NSWSC 1198

Johnson J

Unlawful and dangerous

Assault - general

VG

(at murder trial – 25% for offer)

 

AOABH

 

Assault

Record including violence

Indicative

9y

 

 

 

1y 6m

 

6m

 

Agg:

10y

NPP 7y 6m

 

Intoxicated in Kings Cross New Year's Eve – after run in with three youths selling drugs hit and kicked one youth – mistakenly believed male stranger part of group and punched him once to head causing death – punched victim's brother

Genuine remorse – drug and alcohol history – some evidence of rehabilitation

Duffy (No.7)

(34)

[2015] NSWSC 1321

Davies J

 

[2017] NSWCCA 77

 

Unlawful and dangerous

Assault - General

Accessory

VG

(at murder trial)

Mansl

 

PG

(25%)

Steal from dwelling house

Contravening domestic violence restrictions, break and enter, behave offensive manner.

12y

NPP 8y

 

 

 

FT 2y

 

Total:

12y 8m

NPP 8y 8m

AD

Female co-offender strangled female V with belt around her neck while offender held V down - V met co-offender at hotel and invited offender, co-offender and others to parents' place – all parties affected by drug and alcohol– V killed after sexual involvement with offender – buried in shallow grave at property – guns and other property stolen from property after killing - spontaneous killing - above mid-range of objective seriousness

No psychiatric or psychological issues - drug and alcohol abuse – lack of remorse – poor prospects of rehabilitation – continued illicit drug use in custody - supportive family.

Co-offender sentenced for murder: Evans [2015] NSWSC 254

RC

(46)

[2016] NSWSC 98

RA Hulme J

Unlawful and dangerous

Assault - general

Accessory

PG

(40% - plea and assist)

Mansl

 

Rob in Company

Extensive record although minor violence – breached parole

5y

NPP 3y 7m

 

 

 

FT 3y

(concurrent)

 

Joint plan between four offenders - victim lured by co-offender to park for robbery - beaten to death by co-offender D – well acquaintance with D's propensity to violence – lesser role than co-offenders – element of duress (fear of D) – assaulted in prison and in dock by D

Itinerant and anti-social lifestyle – drug use – limited cognitive resources reducing moral culpability and deterrence – remorse

One co-offender sentenced for rob in company

D sentenced for murder: [2016] NSWSC 444

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

Tanks

(44)

[2016] NSWCCA 519

Mathews AJ

Unlawful and dangerous

Assault - general

VG

(at murder trial - 20-25% for offer)

 

PG

AOABH

Extensive. Drug offences.

7y

NPP 4y

 

 

 

FT 6m

 

Total:

7y 3m

NPP 4y 3m

 

Unprovoked assault upon V – had been drinking together in group – V died of irreversible brain damage 10 days after assault.

Drug abuse.

Merrick (No 5)

(32)

[2016] NSWSC 95

 

[2017] NSWCCA 264

Unlawful and dangerous

Assault - domestic

VG 

11y

NPP 8y 3m

AD

Struck girlfriend with blow to the head - led to V's death two weeks later – violent relationship

Family support - hard-working background – prior good character

Khan

(46)

[2016] NSWSC 1073

Fullerton J

Arson

Unlawful and dangerous

VG

Murder

 

 

2 x Mansl

 

 

Recklessly cause GBH

 

Reckless wound

 

s.197(1)(b)

Nil

Indicative:

30y

NPP 22y

 

20y

NPP 15y

 

5y

NPP 3y 9m

 

3y 6m

NPP 2y 8m

 

4y

 

Agg:

40y

NPP 30y

 Lessee of shop caused explosion intending to use insurance money to escape debts (s.197(1)(b) set fire to property for financial gain) – killed male residing in unit above shop (murder) and mother and baby residing in unit above adjoining shop (manslaughter) – two males also residing in unit above shop injured escaping explosion

BH

(17)

[2016] NSWCCA 290

Unlawful and dangerous

Assault – general

Single blow

Juvenile

PG

(25%)

Assault with intent to rob, Rob in company, acts of threatened / actual violence.  On probation.

5y 3m

NPP 3y 11m

AD

Single punch – killed 60y male, during altercation at shopping mall – responding in anger to racial slur or out of fear.

Difficult upbringing - borderline intellectual disability – ADHD

Jones

(22)

[2017] NSWSC 19

Harrison J

Unlawful and dangerous

Assault - general

Single blow

PG

(15%)

Not significant – no violence – breached conditional

10y

NPP 6y

 

Single punch to head of male stranger – victim remonstrating over offender's driving – unprovoked – spontaneous and completely unreasonable response – drove off and sought to disguise car – below mid-range

Genuine remorse – good prospects of rehabilitation

Grogan

(41)

[2017] NSWSC 378

Hidden AJ

Unlawful and dangerous

Assault - general

Single blow

PG

(20%)

Violence (old) - robbery.

9y 6m

NPP 6y 6m

 

Single punch to head of 71y male acquaintance – animosity but unclear what led to incident.

Drug addiction – supportive family – rehabilitation prospects.

Gordon

(42)

[2017] NSWSC 574

Campbell J

Unlawful and dangerous

Assault – General

Motor vehicle

VG

(at murder trial – 15% for offer)

Record for violent impulse when intoxicated

10y

NPP 6y 6m

 

Afternoon and evening drinking with victim and other friends – started driving victim home when earlier argument reignited – victim alighted from car – offender accelerated in reverse and deliberately struck victim – offered initial assistance then left victim at side of road – both highly intoxicated – impulsive but serious offence

Alcohol problem – health problems affecting custodial conditions

Johnson (No.5)

(37)

[2017] NSWSC 1169

Button J

Unlawful and dangerous act

Assault – general

Fight

VG

(at murder trial – 20% for offer and assistance)

Long record for violence resulting from alcohol and stupidity

6y

NPP 4y

 

Argument developed during social drinking evening with sister, and two acquaintances – offender became annoyed and left sister's unit – in response to taunt by one acquaintance returned to median strip outside unit and delivered beating – punched and kicked victim on ground –victim refused to go to hospital in ambulance but continued drinking and socialising with other friends – died next morning from ruptured spleen – at time of death victim suffering unknown poor health and life expectancy measured by months as result of alcohol abuse – this and refusal to attend hospital substantial contributors to death – spontaneous loss of temper with no intent to do more than actual bodily harm

Aboriginal with difficult background – father with mental illness resulting in suicide, sexual abuse as a child, poor education and racial abuse resulted in drug abuse and violent response – discount given for evidence against perpetrator of sexual abuse - remorse

Toohey (No 2)

(38)

[2017] NSWSC 1217

Fagan J

Unlawful and dangerous act

Young child

Assault - domestic

VGNot relevant

7y 6m

NPP 4y 6m

 

Killed 11m daughter of partner - isolated and tragic incident - lost control on one occasion and inflicted several head injuries - under pressure of sole parenting -  inflicted blows in frustration – did not intend harm but reasonable person would have realised likely to cause serious harm - considerable distress - violence not prolonged - no gratuitous or deliberate cruelty.

Lack of express remorse – low likelihood of reoffending.

BT

(25)

[2017] NSWSC 1600

Hidden AJ

Unlawful and dangerous

Young child

Assault – domestic

PG

(20%)

Lengthy but much insignificant – some common assault – assault on mother of victim after death of child

8y

NPP 5y

 

Killed 8w daughter by blow to back of head – circumstances of killing unknown – serious breach of trust – spontaneous offence

Difficult and violent childhood – remorse – some prospects of rehabilitation – protection in custody

Attwater

(36)

[2017] NSWSC 1710

Fullerton J

Unlawful and dangerous

Assault - General

VG

Mansl

 

s.61J(1)

Minor offences

Indicative

18y

 

12y

NPP 9y

 

Agg:

19y

NPP 14y 3m

 

Engaged in sexual activity with male co-offender and female victim after heavy drinking – victim unconscious due to intoxication – inserted hand and fist into vagina forcefully, vigorously and repeatedly – ignored what would have been obvious bleeding – victim died from blood loss caused by two major tears to vaginal area – high level of culpability

Delay and protective custody – co-offender convicted of hindering investigation and s.61J

Chandler

(22)

[2017] NSWSC 1758

Johnson J

​Unlawful and dangerous

Motor Vehicle

​PG

(5%)  
Mansl

 

Sched:     
Take and drive MV     
Drive unlicenced    
Police pursuit offence

breached bail – lengthy record – many driving offences – aggravating factor​19y

NPP 13y

​Offender driving stolen car in police pursuit – drove through backyard killing 18m child – continued driving through park with adults and children and pursuit terminated – never held a licence to drive – previously lived in area and aware of proximity of park through backyard – held actual realisation of appreciable risk of serious injury – at gravest end of spectrum - aggravated by being committed in home of victim

Extremely dysfunctional and difficult childhood resulting in early and heavy drug abuse – mental health issues – Bugmy considerations – institutionalised criminal – protective custody due to nature of offence

Bloodsworth

(22)

 

 

Errington

(29)

 

[2018] NSWSC 79

Adamson J

Unlawful and dangerous

Assault – domestic

Accessory

VG

(at murder trial)

Common assault

 

 

 

Armed robbery, robbery, firearm offences

11y

NPP 7y 6m

 

 

8y 5m

NPP 6y 4m

 

Female (B) and male (E) offenders - victim was E's half-brother –offenders were ice addicts living with victim – drug addiction caused tension with victim - following argument co-offenders punched and assaulted victim, hog-tied and gagged him and left him in unit – returned two hours later to discover victim had died – did not contact police but made arrangements for their escape - above mid-range but not in most serious category.

B: lack of remorse – drug addiction

E: assistance – remorse – drug addiction

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: 9.7.2018

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