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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.

 

Murder Section 19A : 18–20 year old Offenders
 

Standard non-parole period (offences committed on or after 1.2.2003)

Where the victim was a police officer, emergency services worker, correctional officer, judicial officer, health worker, teacher, community worker, or other public official, exercising public or community functions and the offence arose because of the victim's occupation or voluntary work:   25 years

Other cases:   20 years

Standard non-parole period (offences where conviction entered or plea of guilty made on or after 1.1.2008)

Where the victim was a child under 18 years of age:   25 years

NAME  
(age if known)

DATEPLEASENTENCEAPPEALRECORDHOW KILLEDINVOLVEMENT & SUMMARY

McCABE

(19)

NSWSC

Abadee J

14.12.1990

 

NSWCCA

14.10.1991

PG

MT 15y

AT 5y

AA

MT 9y

AT 7y

minorstabbing

Repeatedly stabbed elderly neighbour while attempting to rob.

Mother of young baby.

MIHAILOVIC

(18y 5m)

 

 

HOWARD

(18y 2m)

 

Co-Offender:

MORGAN

NSWSC

B- Parker J

15.4.1991

 

NSWSC

B- Parker J

30.8.1991

VG

MT 10y

AT 8y

 

 

MT 8y

AT 5y

AD

(1992) 29 NSWLR 242

nil

 

 

minor

assault

intent GBH / joint enterprise to assault

Gang homosexual bashing – victim lured to toilet and attacked - beating and kicking

H some assistance to police.

PHILLIPS
(18)

NSWSC

Mathews J

21.5.1991

 

NSW CCA

14.11.1991

VG
MT 15y
AT 9y
ADnil

stabbing

intent kill

Stabbed neighbour's wife in front of 2 young children

Diminished responsibility rejected - psychiatric condition.

WEBSTER
(18)
NSW CCA
15.7.1991
PG
MT 14y
AT 6y
ADnilassault

Choked and crushed head with rock when 14y female resisted attempted rape at party

Intoxicated.

MILES

(18)

NSWSC

Mathews J 23.3.1992

 

NSW CCA

28.3.1995

VG

MT 12y 6m

AT 5y 6m

Conviction ADnilstabbing

Crime of passion against ex-girlfriend

Diminished responsibility rejected.

KNOWLSON
(18y 9m)
 
PERKINS
(18y 3m)

NSWSC

Enderby J

21.5.1992


PG
 
PG

MT 12y

AT 6y


MT 8y

AT 7y

 prior offences

strangulation / stabbing

intent kill

Premeditated killing of old man

K dominant offender

P suffering brain damage from petrol sniffing and intellectual disability

SHARPE
(19)

NSWSC

Wood J

10.9.1992

PG
MT 10y
AT 8y
 minor - disregarded

assault and strangulation

intent GBH

Went to aunt's home in early hours of morning to sexually assault her - struck her with poker and strangled with cord.
DAVISON
(19)

NSWSC

Wood J

11.9.1992

PG
MT 13y 5m
AT 7y
 nilstrangulation / stabbingKilled girlfriend – assault causing fractures to head - set body alight after death
GILL
(18)

NSWSC

Mathews J

9.2.1993

VG
MT 10y 6m
AT 6y 6m
 very minor

assault

reckless indifference

Affected by liquor - assaulted girlfriend - kicked 27m old stepson, picked him up by ankles and threw to ground.

CATON

(18)

 

 

 

 

McDONALD

(19)

NSWSC

Levine J

12.3.1993

 

NSWCCA

18.8.1994

(McDonald)

VG

Murder

 

PG

Rob in Co

 

PG

MT 10y

AT 5y

 

 

 

 

MT 18y

AT 6y

 

 

 

 

 

 

AA

MT 15y

AT 7y

minor

 

 

 

 

 

no violence but lengthy dishonesty.

shooting

common purpose robbery

intent kill

Intending to steal taxi told driver to get out and run - shot to prevent identification.

O'BRIEN

(19)

NSW CCA

10.6.1993

PG
MT 10y
AT 6y

Crown AA

MT 12y

AT 6y

BES – stealing – AOABH - mal damage

shooting

felony murder

Entered bedroom with loaded rifle and shot victim when challenged.

Crown appeal - withdrew offer to assist

MOORE
(19)

NSWSC

Wood J

5.8.1993

 

NSW CCA

21.6.1995

VG

MT 10y

AT 5y

Conviction ADminor stabbing

Drunken fight between friends – victim stabbed 6 times

Offender called ambulance - claimed self defence

CAMPBELL
(20)

NSWSC

Abadee J

3.9.1993

VG
MT 5y 7m
AT 4y
 lengthy record – property, assault and robbery offencesassaultVictim bashed with punches, kicks and striking of head with brick - body weighted down with bricks and thrown into river - group involved.

NORRIS

(18)

NSWSC

27.9.1993

James J

PG

MT 10y

AT 5y

 minor

assault

Intent GBH

Fatally assaulted 2y daughter of de facto –sustained assault to entire body – hit head against wall – hit head with architrave

Intoxicated and distressed after grandmother's funeral – alcohol problem – immature – contrition

DAVIS

(18y 3d)

 

Co-offender:

WIGGINS

NSWSC

Campbell J

28.10.1993

PG

 

MT 13y
AT 7y
 mainly dishonesty

shooting

intent kill

Victim lured to isolated area and shot - offenders believed he was ripping them off over drug crop they all involved in.

HUNGERFORD

(20)

NSW CCA
15.12.1993
PG
MT 18y
AT 6y
AD
(top of range)
nil of consequenceassaultAbducted and sexually assaulted 49y woman - bashed skull with piece of concrete.

SCROOP

(20)

NSWSC

Barr AJ

16.9.1994

PG

MT 12y

AT 6y

 AOABHassault

Attacked female following sexual intercourse – met victim that evening – unprovoked, prolonged and violent attack resulting in severe injuries to victim – offender just "snapped" -  hid victim's body in nearby concrete pipe

Difficult aggressive behaviour since childhood – alcohol and substance abuse

HUGHES

(20)

 

 

Co-offender:

ASHFIELD

NSWSC

16.12.1994

B-Parker J.

PG

MT 16y

AT 5y

  

assault

intent GBH

Assault on 6y old son causing death from head injuries - extensive bruises to head and body - head forced into wall – placed phone book on head and hit with hammer - initially blamed gang then tried to shift major blame to other offender - claimed victim had interfered with younger sister

PILLER

(20)

 

Co-offender:

KRAMER

NSWSC

Dowd J

6.7.1995

VG

MT 13y

AT 5y

 Nil

Shooting

Felony murder

Shooting of Pizza Hut employee during armed robbery with shotgun – K waited in car

JOHNSON

(18)

 

Co-offender:

GAC

NSWSC

Ireland J

24.4.1996

VG

Murder

 

Rob with wounding

MT 8y

AT 4y

 record

assault

felony murder / common purpose

Group of young persons assaulted elderly vagrant in park.

GLASBY

(20)

NSWSC

Sully J

11.11.1997

PG

MT 9y

AT 3y

 minor

shooting

intent kill

Female - lured victim away on pretence of sex – victim shot by dominating husband to fulfil contract killing

SPEDDING

(20)

NSW CCA

11.12.1997

VG

Murder

 

2 x conceal dead body

MT 11y

AT 4y

AD shootingGroup of four travelling / living together - during argument shot victim - buried body in the bush.

GRAFF

(20)

 

 

 

 

 

 

 

LEAITUAALESI

(19)

 

Co-offender:

RT

NSWSC

Barr J

25.9.1998

 

[2001] NSWCCA 3

 

 

 

 

NSWSC

Barr J

25.9.1998

PG

Murder

 

Rob in Co

 

Sched:

AOABH

Mal inflict gbh

 

PG

Murder

 

Rob in Co

MT 18y

AT 5y

 

 

 

 

 

 

 

MT 10y

AT 6y

AD

minor record - on bail at time of offending

 

 

 

 

 

 

no significant history

assault

Punched and kicked taxi driver in the head and body - stripped and whipped him with his belt - drove off in taxi - no reason for attack - equal culpability.

Robbery of taxi driver nine days earlier - took taxi and money.

G: History of alcohol and violence - low intellectual functioning - considered leader of group.

L: Difficult background - previously stabbed - alcohol addiction - low intellectual functioning and depression lessened criminal responsibility

HEARNE

(19)

[1999] NSWSC 605

Wood CJ at CL

 

(2001) 124 A Crim R 451

[2001] NSWCCA 37

PG

Murder

 

 

Mal wound W/I to do GBH

MT 20y

AT 7y

 

 

FT 6y

(concurrent)

AA

18y

NPP 13y

 

FT 6y

 

Total:

21y

NPP 16y

insignificant

stabbing

intent GBH

Stabbed two off-duty police after offering them illegal drugs and they asked for identification - seeking to prevent apprehension - impulsive - not aware police officers.

Remorse - surrendered self to police - youth.

COX

(18)

[1999] NSWCCA 246PG

MT 11y

AT 5y

AA

MT 9y 6m

AT 4y 6m

nil

stabbing

intent GBH

Female - stabbed 14y girl over money owed.

Good character – rehabilitation

GIRI

(19)

 

 

 

 

 

 

 

 

 

KARKI

(20)

(1999) 109 A Crim R 499

[1999] NSWSC 1269

Studdert J

 

(2001) 121 A Crim R 568

[2001] NSWCCA 197

 

[2002] NSWCCA 67

VG

 

 

 

 

 

 

 

 

 

 

VG

MT 12y

AT 5y

 

 

 

 

 

 

 

 

 

MT 12y

AT 5y

Conviction AD

 

 

 

 

 

 

 

 

 

 

Conviction AD

nil

 

 

 

 

 

 

 

 

 

 

nil

assault

Nepalese males assaulted intoxicated 27y male outside nightclub - culmination of confrontations and arguments during evening.

Genuine remorse - offence out of character - good prospects of rehabilitation.

BOWHAY

(18)

(2000) 111 A Crim R 271

[2000] NSWCCA 54

VG

MT 16y

AT 7y

ADcustody

assault and stabbing

intent kill

Met victim in hotel earlier in evening - lured victim to park then strangled, stabbed and assaulted him - saw victim as easy target for aggression - decided to have fun at victim's expense.

Youth – intoxicated - deprived childhood.

HODGE

(18 at time of offence – 31 at time of sentence)

[2000] NSWSC 897

Dunford J

 

[2002] NSWCCA 10

VG

15y

NPP 7y

Conviction ADminor record subsequent to offence

assault

intent GBH

(1988) Picked up hitch-hiking late at night and accompanied him home for drinks – bashed victim to death with mallet when woken up by homosexual advances.

Contrition - married with young family - established successful life

VALERA

(19)

[2000] NSWSC 1220

Studdert J

 

[2002] NSWCCA 50

VG

2 x murder

LifeADnil

assault / strangulation

intent kill

Bashed to death 59y male in own home then mutilated body - random killing - two weeks later bashed and strangled 68y male in own home and mutilated body - nothing to mitigate killing.

Physically and verbally abused by father throughout childhood - mother left home when offender aged 3.

GOSLING

(18)

[2001] NSWSC 850

Howie J

 

[2002] NSWCCA 351

VG

16y

NPP 12y

Conviction ADon bond for assault on father

shooting

intent GBH

Shot dead victim during attack with three co-offenders as pay back for alleged insulting behaviour of victim towards mother of one co-offender - culpability somewhat reduced by mental disorder - manipulated by co-offender

RATU

(18)

 

 

Co-offender:

HOLMES

[2001] NSWSC 1183

Levine J

 

[2003] NSWCCA 258

PG

(25%)

16y

NPP 12y

ADnil relevant

assault

intent GBH

Taxi driver attacked after attempting to prevent offenders running off - kicked, punched and stomped for over 10 minutes.

Genuine contrition and remorse- good prospects of rehabilitation

EZOLD

(19)

 

 

Co-accused:  FARRELL

[2002] NSWSC 129

Barr J

VG

16y

NPP 12y

 nil

assault and drowning

intent to kill

Group assault on male acquaintance - led group to place of assault and struck first blow with bottle - victim drowned by co-offender - planned offence - under strong and brutal influence of co-offender

Genuine remorse - evidence of rehabilitation

HAMZY

(19)

[2002] NSWSC 128

Bell J

 

[2004] NSWCCA 243

VG

Murder

 

Mal wound w/i GBH

 

Mal discharge weapon w/i

 

Threaten to use weapon

 

Conspiracy to murder

 

Sched:

2 x poss illegal firearm

Consp to pervert justice

21y

NPP 15y 9m

 

FT 5y

 

 

FT 3y

 

 

FT 3y

 

 

12y

NPP 6y

 

Total:

27y 9m

NPP 21y 9m

ADSentence imposed partially cumulative to sentence for unrelated drug offences committed between commission of murder and arrest

shooting

intent to kill

Fired at group of men involved in disturbance outside nightclub - deliberately fired while victim on ground - no premeditation but went to nightclub armed with gun - shot at other men and pointed weapon at police attempting to apprehend - left country – while in custody on remand attempted to arrange murder of Crown witness.

Disturbed childhood - exposed to serious criminal activity of father at early age - heavy drug use - totality

P PHAM

(18 at offence)

 

Co-offender:

TRAN

NGUYEN

[2002] NSWSC 1261

Sully J

VG

16y

NPP 11y

 record unclear but not significant

shooting

intent to kill

(1996) Execution in context of gang involvement - victim taken to oval by offenders at night and shot four times by co-offender

PP - Vietnamese - difficult childhood - refugee - drugs - need for psychiatric care - important co-operation with police

FARRELL

(19)

 

Co-accused:  EZOLD

[2002] NSWSC 375

Barr J

VG

18y

NPP 13y 6m

 no relevant criminal history

assault

intent to kill

With co-offenders bashed to death victim on deserted beach - group of homeless young people who had made "pact" to kill victim - had consumed alcohol and LSD - premeditated

Deprived background.

CHAN

(19)

[2002] NSWSC 544

Ireland AJ

VG

14y

NPP 9y

 nilshooting

Shot service station operator in chest after victim had verbal exchange with offender's friend

Substantial impairment defence rejected - suffering Tourette's syndrome, obsessive compulsive disorder and schizophrenic psychosis - also aggressive and given to acting impulsively and recklessly - capacity to control self substantially impaired but not so as to reduced offence to manslaughter

Native of Hong Kong - family support - delay - prospects of rehabilitation

MCLEAN

(18)

 

 

 

 

Co-offender:

SJB

[2002] NSWSC 1042

Wood CJ at CL

PG

(20%)

Murder

 

Take and drive conveyance

19y

NPP 13y

 

 

FT 6m

(concurrent)

 no violence

stabbing

intent to kill

McL angered by sexual affair between SJB (female) and victim -agreed to stab victim - multiple stab wounds in car - equal involvement in killing

Both suffered limited intellectual resources, impulsiveness and ADHD - offence out of character - offenders involved in destructive relationship

WILSON

(18)

[2004] NSWSC 597

Simpson J

 

(2005) 152 A Crim R 257

[2005] NSWCCA 112

PG

(25%)

12y

NPP 8y

Crown AA

15y

NPP 11y

Nil

Stabbing

Intent GBH

Stabbed taxi driver in remote area during argument over fare – no premeditated intent to rob – burned taxi and stole money

Originally found unfit to plead and sentenced after special hearing – dysfunctional childhood – low intelligence and depression – successful efforts at rehabilitation

gonzales

(20)

[2004] NSWSC 822

James J

 

(2007) 178 A Crim R 232

[2007] NSWCCA 321

VG

3 x Murder

LifeADNil

Stabbing - striking and strangling

Intent to kill

Stabbed father, mother and 18y sister in their home - made it look like racially motivated attack – premeditated – tried to poison mother 10 days before murder

False alibi – no mitigation of objective seriousness of offence – no contrition – risk of dangerousness

VANN

(20)

[2004] NSWSC 988

Dunford J

PG

(13%)

Murder

 

Assault

19y

NPP 14y 3m

 

 

FT 18m

(concurrent)

 Possess knife in public place

Shooting

Intent to kill

Shot 16y male stranger with SKS rifle during fight outside cinema – called to cinema to assist

O'CONNELL

(18)

[2004] NSWSC 1120

Davidson AJ

 

[2006] NSWCCA 82

PG

(20%)

35y

NPP 25y

ADJuvenile record for serious crimes of violence

Assault and stabbing

Intent to kill

SNPP 20 years

Killed 15y girl with whom he was having casual relationship – horrific wounds – 49 injuries, including 10 stab wounds - violent sexual proclivities – disposed of body in nearby garbage bin – deliberately attempted to divert suspicion

Victim of abuse by stepfathers – drug and alcohol problems – dyslexia/ADHD – remorse – youth – but for youth and plea, life sentence would have been imposed – limited protective custody

CLEVERLY

(18)

[2004] NSWSC 1279

Mathews AJ

 

[2007] NSWCCA 169

VG

 

Sched:

Agg kidnap

Att pervert course of justice

24y

NPP 18y

Conviction ADNilStrangulation

Strangled aunt in her home – possibly motivated by financial gain – premeditated – higher end of range

Brain injury at least affected judgment.

DEHAYBI

(20)

[2005] NSWSC 128

Levine J

 

(2006) 160 A Crim R 392

[2006] NSWCCA 31

VG

Murder

 

s.33

 

 

AR

24y

NPP 18y

 

12y

NPP 9y

 

FT 6y

 

Total:

26y

NPP 20y

AD / Crown ADBreached bond for dishonesty offences

Stabbing

Intent GBH

SNPP 20 years

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

EM

(19)

[2005] NSWSC 212

James J

 

[2006] NSWCCA 336

VG:

Murder

 

s 97(2)

 

s 93G(1)(c)

 

PG

5 x s 97(2)

25y

NPP 16y

 

FT 10y

 

FT 2y

 

FT 12y

(each)

 

Total:

36y

NPP 27y

ADDriving offences

Shooting

Constructive murder

Home invasion with co-offender – 5 occupants forced to lie on floor – victim shot and killed in struggle – victim's wife shot in thumb – 10 days later, similar offence with 2 co-offenders - robbery completed and 5 occupants left tied up in house

Cambodian – poly substance abuse – mood disorder

WEIGHTMAN

(20)

 

 

 

 

Co-offender:

DONAI

[2005] NSWSC 1354

Hidden J

PG

(combined 30%)

2 x Murder

25y

NPP 19y

(each)

 

Total:

28y

NPP 22y

 Minor

Asphyxiation

Intent to kill

Killed adoptive parents for financial reasons – planned killing with co-offender – victims sedated in own home and smothered – bodies placed in car crash scene – co-offender killed mother – assisted in killing of father

Early stages of mental illness at time of offences – influenced by drugs and co-offender – favourable prospects of rehabilitation

HOHAIA

(18)

 

 

 

 

 

 

 

 

 

Co-offender:

ABDULKADER

[2006] NSWSC 866

Kirby J

 

[2015] NSWCCA 91

VG

Murder

 

 

Rob in Co

 

AOABH

24y

NPP 18y

 

 

FT 18m

 

FT 9m

(all concurrent)

AA

24y

NPP 18y

 

FT 18m

 

FT 9m

(all concurrent)

Priors – no violence

Assault

Intent GBH

SNPP 20 years

Sustained assault on male acquaintance over several hours – victim assaulted by H in home of H's mother – victim robbed of mobile phone and wallet, forced to reveal PIN and taken to ATM to obtain money – subjected to further assault by both offenders and left for dead – H principal offender – A lesser offender but involved in second, fatal assault on victim - no clear motive

H - also sentenced for assault on male in company with friend three months earlier – sustained attack with no motive - disrupted childhood with early drug abuse

NGUYEN

(20)

[2007] NSWSC 389

Whealy J

PG

(25%)

18y

NPP 13y 6m

 Criminal record for lesser offences – breached parole

Stabbing

Felony murder

SNPP 20 years

Stabbed shop owner during attempted robbery of newsagency – repeated stabbing - below mid-range – spontaneous and unplanned killing

Long history of drug addiction

HOURI

(19)

 

 

 

 

 

 

Co-offender:

A [2006]

[2007] NSWSC 615

Buddin J

PG

Murder

 

Sched:

3 x BES

18y

NPP 12y 6m

 Nil relevant

Stabbing

Felony murder / intent GBH

SNPP 20 years

Stabbed console operator during armed robbery of service station – unprovoked attack on co-operating victim – use of weapon – in company – vulnerable victim – mid range offence

Troubled childhood with heavy drug and alcohol addiction – reasonable prospects of rehabilitation – serious physical disability resulting from shooting subsequent to offence - depression

ZARO

(18)

[2007] NSWSC 756

Howie J

 

[2009] NSWCCA 219

VG

22y

NPP 16y 6m

ADNil

Stabbing

Intent to kill

SNPP 20 years

Fatally stabbed male friend after evening of drinking and playing computer games – made younger friend watch deliberate killing – angered by perceived breakdown in relationship with girlfriend – intoxicated – above mid-range seriousness

Born in Iraq – no mental disorder – family support

HARVEY

(18)

[2007] NSWSC 871

Howie J

PG

(15%)

16y

NPP 10y

 Minor

Assault

Intent GBH

SNPP 20 years

After evening of drinking assaulted male friend with piece of wood – fatal head injuries – no motive – suffering severe mental illness – paranoid schizophrenia – spontaneous offence – well below mid-range

Long history of mental illness

TA'ALA

(20)

[2008] NSWCCA 132

PG

(13%)

Murder

 

Murder

26y

NPP 19y 6m

 

 

35y

NPP 26y 6m

 

Total:

47y

NPP 38y 6m

AA

26y

NPP 19y 6m

 

35y

NPP 23y 3m

 

Total:

47y

NPP 35y 3m

 Bashing and stabbing

(2002) - Beat first victim with cricket bat over head – argument as to drug dealing – bashed and stabbed second female victim who had witnessed attack – extreme violence.

On appeal corrected SJ's intention to set NPP at 75% of total sentence

POCOCK

(20)

[2008] NSWSC 1435

Latham J

PG

(15%)

19y 6m

NPP 14y 9m

 Breached bond for violence offences

Assault

Intent GBH

SNPP 20 years

Confronted male victim in street about stolen handbag – punched and kicked victim and stomped on head – no threat or provocation offered by victim – failed to provide assistance – under influence of alcohol and ecstasy – below mid-range

Remorse – exposed as a child to domestic violence

SHAMOUIL

(20)

[2009] NSWSC 24

Hidden J

PG

(15%)

19y

NPP 14y 6m

(partially concurrent with existing sentences for attempt murder and drug supply)

 Attempted murder – breached bail – committed subsequent offence of supply comm. qty amphet

Shooting

Intent GBH

SNPP 20 years

Co-offender arranged to meet victim at service station to discuss argument with offender's female cousin – Offender shot victim three times during argument – spontaneous offence – below mid-range.

Assyrian – difficult childhood – carried gun as protection after exposure to violence – remorse

Co-offenders sentenced for accessory after fact to murder

BARRETT

(20)

 

 

 

 

 

 

 

 

Co-offender:

FORDHAM [2009]

[2009] NSWSC 338

Mathews AJ

PG

(12.5%)

22y

NPP 16y

 Nil

Stabbing

Intent to kill

SNPP 20 years

Female offender - arranged murder of ex-partner – victim became frustrated at offender's lack of response and sent threatening SMS messages – disproportionate response to threats due to heavy cannabis consumption – meticulously planned killing with male friend – lured victim interstate – multiple stab wounds inflicted by co-offender – both offenders inflicted final stab wound – instigator of plan – above mid-range

Abusive childhood – smoking marijuana by 12y – remorse – two young children

CARR

(18)

[2009] NSWSC 995

McClellan CJ at CL

PG

(15%)

16y

NPP 12y

 Lengthy criminal record including violence – breached conditional liberty

Stabbing

Intent GBH

SNPP 20 years

Single stab wound to chest of male acquaintance outside party – spontaneous offence – earlier argument inside house – offence moderately below mid-range

Aboriginal - under influence of alcohol, ice and cannabis – severe drug addiction – deprived background

DENNIS

(19)

[2009] NSWSC 1357

Barr AJ

 

[2012] NSWCCA 120

 

[2015] NSWCCA 61

VG

26y 8m

NPP 20y

Conviction AD

 

 

 

 

 

 

Sentence AD

Nil

Assault

Intent GBH

SNPP 25 years

Assaulted 23m son of girlfriend while in his care – hit head with blunt instrument or forced head against wall – placed child back in cot – spontaneous offence – circumstances of offence unclear

Exemplary character – reasonable prospects of rehabilitation – protective custody

WONG

(18)

 

 

 

 

 

 

 

Co-Offender:

LEE [2010]

[2010] NSWSC 171

Buddin J

PG

(20%)

Murder

 

s.33

19y 6m

NPP 14y

 

 

6y

NPP 4y 6m

 

Total:

21y

NPP 15y 6m

 Minor – breached conditional libertystabbing

SNPP 20 years

Followed three male Koreans from fast food restaurant after arranging to meet co-offender – approached victims and stabbed one male in chest – second male tripped while fleeing and struck by co-offender with hammer – stabbed by offender multiple times – claimed angered because first victim stared at him in fast food restaurant – slightly below mid-range

Chinese parents – drug user causing hypersensitivity and paranoia

TATCHELL

(18)

 

 

WILDSMITH

(20)

[2010] NSWSC 495

Kirby J

 

(Wildsmith)

[2012] NSWCCA 116

VG

18y

NPP 13y 6m

 

 

16y

NPP 12y

 

 

 

 

AD

Breached bail

 

 

 

Breached bond for assault

Assault

Intent GBH / joint criminal enterprise

SNPP 20 years

Victim fatally assaulted by group of youths – retaliation for victim's abuse of ex-partner known to co-offenders – after discussion at fast food restaurant weapons collected at nearby house and victim assaulted while walking along road – opportunistic offence of short duration – metal pole, wooden axe handle and golf club used

T – intent GBH – multiple blows with weapon – below mid-range – drug addiction / depression – some behaviour problems in custody - remorse

W – not as involved – joint criminal enterprise aware possibility co-offender would use weapon to do grievous bodily harm – reluctant – supported Tatchell – assaulted in custody as result of offence – guarded prospects of rehabilitation

Co offenders AA, SS and AC convicted of manslaughter

LEE

(18)

 

 

 

 

 

Co-offender:

WONG [2010]

[2010] NSWSC 632

Price J

 

[2011] NSWCCA 169

PG

(12.5%)

 

Sched:

Assault s 61

19y 3m

NPP 13y 3m

AA

17y 6m

NPP 12y 3m

NilStabbing

SNPP 20 years

With co-offender confronted victim and friends because thought victim had been "staring" – co-offender stabbed victim to heart – with co-offender chased victim – offender struck victim with hammer – co-offender inflicted more stab wounds – victim died from stab wound to heart - lesser role than co-offender.

Remorse

LUONG

(18)

 

 

 

Co-offender:

TVN (2014)

NGUYEN

[2011] NSWSC 562

McCallum J

PG

(10%)

2 x Murder

24y

NPP 17y

(each)

 

Total

28y

NPP 21y

 Nil

Stabbing

Common purpose to inflict gbh

SNPP 20 years

Victims stabbed during attack by four males outside bar – not known who inflicted fatal wounds – attack a response to earlier attack on first offender by one victim and friends  – delay between incidents and degree of planning – mid range offences – disregard for public safety

L – stabbed both victims

SHIELS

(20)

[2011] NSWSC 1177

Barr AJ

VG

20y

NPP 13y

 Bonds for assaults including assault on victim – committed while mentally ill

Stabbing

Intent to kill

SNPP 20 years

Stabbed father in temple during argument at party – both intoxicated - history of violent arguments with father – spontaneous offence – issue at trial was substantial impairment, provocation and self defence

Suffering schizophrenia – regular user of marijuana and alcohol – voluntary surrender to police – remorse – prospects of rehabilitation

ATAI

(18)

[2011] NSWSC 1617

Grove J

 

[2014] NSWCCA 210

VG

24y

NPP 18y

ADCustodial record

Shooting

Recklessness

SNPP 20 years

Approached house with group of men – fired shots into front window of house killing occupant after being advised had wrong house – motive for approach to house and shooting unclear

Afghani refugee with links to bikie gang

ISKANDAR

(19)

 

 

 

Co-offender:

ISKANDAR [2012]

[2012] NSWSC 149

Davies J

 

[2013] NSWCCA 235

VG

25y

NPP 18y

AA

To backdate sentence

nil

Stabbing

Intent to kill

SNPP 20 years

With father took action against mother's lover – together waited for victim to return home – victim attacked in street by offender with hammer and stabbed by father with knife – left home that evening with father intending to kill victim

Father somewhat dominating and controlling

KLEIN

(18)

 

 

 

 

 

 

 

Co-offender

MILAT

[2012] NSWSC 634

Mathews AJ

 

[2014] NSWCCA 29

PG

(CCA – 25%)

32y

NPP 22y

AA

27y

NPP 20y

No violence

Axe

Intent to kill

SNPP 25 years (for Klein only)

Offenders and another friend invited victim to accompany them to Belanglo Forest – M took double sided axe from vehicle and struck victim in torso and to back of head – killing recorded by K on mobile phone - "thrill kill" – planned and premeditated - in company - gratuitous cruelty.

K – impressionable and strongly influenced by M - no psych illness - prospects of rehabilitation at least moderate and more favourable – within serious range

TAHA

(20)

[2012] NSWSC 903

Latham J

VG

22y

NPP 16y

 nil

Stabbing

Intent GBH

SNPP 20 years

Jealous and angry that girlfriend in car with victim and his girlfriend – armed with knives and gun – picked fight with victim who left car with intention to disarm offender – victim stabbed in heart - jury rejected self defence

Offender intoxicated

AMOS

(20)

[2012] NSWSC 1021

Hall J

VG

28y

NPP 21y

 Nil

Shooting

Intent to kill

SNPP 20 years

Involved in armed robbery with co-offender of male drug dealer who owed money – formed intent to kill and shot victim eight times – returned to house with co-offender and stole property – victim shot in own home – only robbery planned – high level of culpability – committed for financial gain

Deprived and neglected childhood

NATUBA

(19)

 

 

 

 

 

 

 

 

 

TAMAPUA

(20)

 

 

 

 

 

 

Co-Offenders:

MA [2012]

BYQUAR [2012]

RAMOS [2012]

KHOURY [2013]

KARIMI [2013]

MIR [2013]

[2012] NSWSC 1569

Johnson J

PG

(50%)

Murder

 

AR

 

Sched – Robbery

 

 

 

PG

(50%)

Murder

 

Sp Agg BES

 

 

Poss Firearm

 

 

Poss weapon

 

Sched:-

3 x Robbery

14y

NPP 10y

 

 

5y

NPP 3y 9m

 

Total:

15y

NPP 11y

 

14y

NPP 10y

 

 

4y

NPP 3y

 

3y

NPP 2y

 

FT 2y

 

Total:

15y 6m

NPP 11y 6m

 

Agg robbery – breached bond.

 

 

 

 

 

 

 

 

 

Robbery, assault, breach AVO - on bond

Assault with meat cleaver / machete

Joint criminal enterprise

SNPP 20 years

Home invasions committed over three-day period with number of other young males - armed with meat cleavers - occupant at one home seriously injured - occupant of another house killed while resisting offenders

N – threatened victim with cleaver

T - organisational role – did not enter homes

 

Each received discount for assistance to authorities - undertaking to give evidence against co-accused - youth – drug and alcohol abuse

BYQUAR

(18)

 

 

 

 

 

 

 

 

 

RAMOS

(18)

 

 

 

 

Co-Accused:

MA

NATUBA [2012]

TAMAPUA [2012]

KHOURY [2013]

KARIMI [2013]

MIR [2013]

[2012] NSWSC 1527

Johnson J

 

 

 

 

 

 

 

 

[2015] NSWCCA 313

(Ramos only)

PG

(25%)

Murder

 

AR

 

Sched:-

AR

 

 

 

PG

(25%)

Murder

 

Sp Agg BES

 

 

AR

 

Sched:

Conspire rob

AR

23y

NPP 16y

 

 

8y

NPP 6y

 

Total:

25y

NPP 18y

 

17y

NPP 12y

 

 

4y

NPP 3y

 

5y 6m

NPP 4y

 

Total:

19y

NPP 14y

 

 

 

 

 

 

 

 

 

 

 

AA

14y 3m

NPP 10y

 

4y

NPP 3y

 

5y 6m

NPP 4y

 

Total:

16y 3m

NPP 12y

AOABH, Rob in co.

 

 

 

 

 

 

 

 

 

Nil

Joint criminal enterprise.

Wounded with meat cleaver / machete

SNPP 20 years

Home invasions committed over three-day period with number of other young males - armed with meat cleavers - occupant at one home seriously injured - occupant of another house killed while resisting offenders.

 

B – struck victim - drug / alcohol abuse - remorse

R – outside house assisting – remorse, rehabilitation

KAEWKLOM No.3

(18)

[2013] NSWSC 59

Johnson J

 

[2013] NSWSC 504

Johnson J

PG

(25%)

Murder

 

Recklessly cause GBH

20y

NPP 13y 6m

 

 

3y 9m

NPP 2y 9m

 

Total:

22y

NPP 15y 6m

 Nil

Assault

Intent GBH

SNPP 20 years

Attacked and killed 69y fellow prisoner in courthouse cell - kicked and stomped – four days earlier had assaulted 15y former girlfriend  - kicked and stomped on victim due to rejection.

Matter brought back to correct sentence for s.35 offence

LOVERIDGE

(18)

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

AB

[2013] NSWSC 1591

Adams J

VG

Murder

 

PG

s.112(3)

 

 

s.96

 

 

Recruit child to commit crime

 

Influence Witness

45y

NPP 30y

 

 

10y

NPP 7y 6m

 

1y 8m

NPP 1y 3m

 

FT 3y

 

 

FT 3y

(all concurrent)

 Minor record – breached bond

Stabbing

Intent to kill

SNPP 20 years

Broke into neighbouring house at night – assaulted 87y female occupant with walking stick – made threats – stole property

Premeditated and unprovoked attack on three male strangers walking down the street – L slashed knife against neck of one male – knocked second male to ground – 'cowardly, sadistic, pitiless, deadly attack, stabbing and cutting him repeatedly' – left scene then returned to continue assault – attack included intent to torture – both represent danger to community – worst case

L – seriously deprived childhood affecting ability to make moral judgments – low intelligence – drug and alcohol abuse

MIR

(20)

 

 

Co-offenders:

KARIMI [2013]

KHOURY [2013]

NATUBA [2012]

TAMAPUA [2012]

MA [2012]

BYQUAR [2012]

RAMOS [2012]

[2013] NSWSC 1761

Johnson J

VG

Murder

 

AR

 

 

AR

26y

NPP 19y

 

10y

NPP 7y

 

11y

NPP 7y

 

Total:

31y

NPP 24y

 Minor

Assault with meat cleavers

Joint criminal enterprise

Intent to kill

SNPP 20 years

Home invasions committed over three-day period by young males armed with meat cleavers linked to drug dealing - occupant at one home seriously injured - occupant of another house killed with meat cleaver while resisting offenders – planned to engage subsequent fight to death

Mir – foot soldiers - Afghani

E McKELLAR

(18)

 

 

 

 

 

 

 

 

 

Co-offender:

B McKELLAR

[2014] NSWSC 1243

RA Hulme J

VG

Murder

 

Wound with intent

 

Att AR

20y

NPP 14y

 

8y

NPP 6y

 

5y

NPP 3y 9m

 

Total:

24y

NPP 18y

 Lengthy – breached parole

Stabbing

Intent GBH

Extended joint criminal enterprise

SNPP 20 years

Four males attended home of victim with intent to rob – victim sold small amounts of cannabis on regular occasions – group brought machete and knife to scene - victim assaulted by BMcr at door to house – BMc pursued by victim and 17y son – son stabbed by EMc twice at request of BMc to 'kill the cunt' – victim surrounded and assaulted by four offenders – stabbed four times by EMc – spontaneous assault

Aboriginal brothers with difficult background including domestic violence - very low intellectual functioning

M BARBIERI

(19)

[2014] NSWSC 1808

Hulme J

PG

(15% on appeal)

 

Sched:

4 offences

35y

NPP 26y

AA

21y 3m

NPP 15y

nil

Stabbing

Intent to Kill

SNPP 25 years

Male lived with mother on rural property - relationship with neighbour became antagonistic – fired crossbow at workers on neighbour's property – siege developed between police and offender and mother – attacked police with knife and sledgehammer – police officer fatally stabbed - mother was dominant offender

Mother pleaded guilty to manslaughter

Mother suffered serious mental illness causing paranoia and social isolation for both offenders – offender also developed serious mental illness - mandatory life sentence does not apply because of serious cognitive impairment

KENNEDY

(18)

 

 

 

Co-offenders:

SMITH [2013]

SMITH [2013]

[2015] NSWSC 327

Wilson J

 

[2016] NSWCCA 114

PG

(5% on appeal)

21y

NPP 15y 9m

Sentence AA

20y

NPP 15y

Not as serious as co-offenders

Assault

Joint criminal enterprise / intent GBH

SNPP 20 years

Three men broke into home of 75y male occupant – victim severely assaulted in attempt to obtain access to safe – left for nearly a day – moral culpability high but lower than co-offenders

Drug addicted – aboriginal – exposed to drugs early  - low intelligence – poor schooling

MAAKA

(18)

[2015] NSWSC 358

RA Hulme J

PG

(20%)

 

 

Sched:

16 offences

20y

NPP 15y

 BES, AOABH, Larceny

Assault

Intent GBH

SNPP 20 years

Severe and violent attack upon 53y male homeowner during break in– struck victim and smashed drawer on victim's head - unbridled, gratuitous and extreme violence – acted with 2 co-offenders - affected by drugs - not planned or premeditated

Disrupted upbringing – drug abuse

KELSALL

(20)

[2015] NSWSC 480

RA Hulme J

VG

Murder

 

Indecent assault

40y

NPP 30y

 

FT 1y

 

Total:

40y 3m

NPP 30y 3m

ADnil

Stabbing

Intent to kill

SNPP 20 years

Followed male stranger home late at night – entered through unlocked door – found male stranger in bedroom asleep or intoxicated – touched penis and stabbed multiple times (more than 20 wounds) – no motive although had previously reported thoughts of killing random stranger

No remorse – questionable prospects of rehabilitation

WONG

(20)

[2015] NSWSC 1612

RS Hulme AJ

VG

22y

NPP 16y 6m

 NilStabbing

SNPP 20 years

(2006) – student from Malaysia on visa – worked for male victim who owned restaurant – financial pressures – argument with victim over job termination and payment of wages – physical altercation - stabbed victim numerous times – took money and left for Malaysia – extradited to Australia in 2014.

Good character – good prospects rehabilitation.

TOWNEY

(20)

[2016] NSWSC 97

Fagan J

 

[2018] NSWCCA 65

VG

24y

NPP 18y

Conviction ADViolence offences – breached bond and bail – gaol misconduct charges

Stabbing

Intent to kill

SNPP 20 years

Engaged in fist fight with male acquaintance outside party at offender's house – retrieved knife from house and pursued victim who had left area on foot, stabbing him in neck several times – violent and spontaneous impulse

Aboriginal – childhood of violence and deprivation – early drug abuse – some degree of remorse

FULLER

(18)

[2016] NSWSC 815

Rothman J

PG

(not full 25%)

 

Sched

Add offences

24y 6m

NPP 17y

 Long record

Assault

Intent GBH

SNPP 20 years

Believed victim owed offender money for stolen goods sold on behalf of offender – lured victim to meeting – punched victim twice then frenzied attack with blunt end of tomahawk – feared victim would report stolen goods to police

Aboriginal with violent and abusive childhood - aggressive and psychopathic personality disorder

PERKINS

(18)

[2016] NSWSC 1080

Button J

 

[2018] NSWCCA 62

PG

(10%)

20y 6m

NPP 15y

ADNil

Stabbing

Intent to kill

SNPP 20 years

Spent evening with girlfriend and female friend drinking and smoking cannabis – confrontation early in night with boyfriend of female friend – boyfriend returned later in evening and waited in car at request of girlfriend – offender found knife in kitchen and stabbed victim three times – victim in car restrained by seatbelt – no provocation – motivation unknown – formed intent shortly before offence

Remorse – support of family – no history of substance abuse or mental illness

KADDOUR

(19 at offence – 23 at sentence)

[2017] NSWSC 586

Mathews AJ

VG

20y

NPP 15y

 Minor

Assault

Intent GBH

SNPP 20 years

Co-offender AZ pinched on bottom by male friend – probably gesture of friendship but AZ felt very insulted – offender, AZ and another co-offender attacked victim with various objects and a pole – suffered serious blunt force injuries - unprovoked attack – spontaneous rather than premeditated – mid-range

Good prospects rehabilitation – youth - no remorse – drug abuse – supportive family and community – employed – well-regarded

BROOKS

(19)

[2017] NSWSC 824

Hamill J

VG

Murder

 

s.33

20y

NPP 14y 6m

 

7y 6m

NPP 5y

 

Total:

22y

NPP 14y 6m

 Nil

Stabbing

Intent GBH

SNPP 20 years

Stabbed male stranger once to chest in altercation outside pizza place late at night – stabbed second male in chest twice – spontaneous offence – protective of brother who had been pushed to ground but no self-defence – carrying knife in public place – below mid-range

Good prospects of rehabilitation – prior good character – some reduction for conduct of trial

TORTELL

(18)

 

 

 

 

 

 

 

 

Co-offender:

MARTINEZ

[2017] NSWSC 1659

Mathews AJ

VG

Murder

22y

NPP 16y

 Nil

Stabbing

Intent to kill

NPP 20 years

M had history of animosity with male victim – confronted victim with knife and cut fingers (wounding offence) - T chased and stabbed victim eight times – victim stabbed at instigation of M

T: slightly below mid-line of objective seriousness - large knife - victim unarmed and attempting to run away – unprovoked in relation to T - committed offence to assist M, who felt threatened - no real premeditation

Youth – difficult backgrounds.

MOTTRAM

(19)

[2018] NSWSC 873

Hidden AJ

PG

(25%)

18y

NPP 13y 6m

 nil

stabbing

Intent to kill

NPP 20 years

While staying with mother snapped – assaulted her with bottle then stabbed her multiple times including in face – suffering borderline personality disorder and substance induced psychosis – mother had history of mental illness resulting in difficult childhood and difficult relationship

Remorse

Last Updated: 25.6.2018

 

 

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