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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 - s.19A - 2003-2004

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 

NAME 
(age if known)

DATE REFPLEASENTENCEAPPEALSUMMARY OF RECORDHOW KILLEDINVOLVEMENT & SUMMARY

ANDREWS

(47)

[2003] NSWCCA 7VG

21y

NPP 16y

ADnil relevantshooting

Shot wife after she ended relationship - multiple shots - depressed at time of offence - emotional situation - degree of planning

Isolated aberration - unlikely to re-offend

KENNING

(40)

[2003] NSWSC 84

Whealy J

PG

(15%)

Murder

 

AOABH

21y 3m

NPP 16y

 

 

FT 6m

(concurrent)

 minor

assault

intent GBH

Assaulted de facto in savage beating - accused her of sexual infidelity - used blunt instrument - extreme sexual violence - also assaulted male with tree branch

History of domestic violence - some remorse

ABOU-CHABAKE

(26)

[2003] NSWSC 125

Howie J

 

(2004) 149 A Crim R 417

[2004] NSWCCA 356

VG

20y

NPP 15y

ADnil relevant

shooting

intent to kill

Fired 7 shots at male acquaintance through window of car - unknown and unexplained motivation – aggravated by use of handgun in public street - element of pre-meditation - element of provocation

Aberration - married

GRANT

[2003] NSWSC 215

Dunford J

VG

18y

NPP 13y

 

(partially cumulative to related sentence of att murder)

 

Total:

20y

NPP 15y

 Minor prior convictions

Shooting

Intent to kill

Shot male stranger in hotel car park – motive unclear – chased and shot at second male

Serious alcohol problems – Retrial

LO

(22)

 

 

Co-accused:

NG

LEW

[2003] NSWSC 582

Adams J

PG

(combined 40%)

Murder

 

Sched:

Att AR

18y

NPP 13y 6m

 Breached bond for drug offences

Shooting

Accessory

During attempted robbery of tavern manager shot in head by co-offender to prevent identification – offender did not foresee or intend death but intentionally assisted

Assistance given against co-offender

WALKINGTON

(37)

[2003] NSWSC 517

Newman AJ

 

[2003] NSWCCA 285

VG

18y

NPP 12y

Crown ADAssault on victimStabbing

Stabbed estranged de facto 23 times – subsequently kicked body – spontaneous – intoxicated – upper end of culpability

Prior good character – good prospects of rehabilitation

Y

(32)

[2003] NSWSC 468

Kirby J

PG

(15%)

16y

NPP 11y

 Lengthy recordAssault

Brutal attack on acquaintance resulting in choking with belt – spontaneous response to insult – intoxicated and under extreme stress at time

Real threats to life

MASKEY

(46)

[2003] NSWSC 1029

Newman J

PG

20y

NPP 14y

 Nil relevant except breach of apprehended violence order

Stabbing

Intent to kill

Stabbed wife 27 times in chest with kitchen knife – no premeditation – deteriorating relationship with violence on both sides

Received serious head injury from assault by wife on earlier occasion

FLANJAK

(53)

[2003] NSWSC 779

Adams J

VG

20y

NPP 15y

 Nil

Shooting

Intent to kill

Emptied magazine of berretta automatic pistol into estranged lover, using final cartridge on self

Anger and despair

NG

(28)

 

 

 

 

Co-accused:

LO

LEW

[2003] NSWSC 781

Adams J

 

[2011] NSWCCA 227

VG

Murder

 

 

s.97(2) Agg Rob

35y

NPP 25y 9m

 

 

FT 7y

 

Total:

37y

NPP 27y 9m

AA

30y

NPP 22y 6m

 

FT 7y

 

Total:

31y

NPP 23y 6m

Nil relevant

Shooting

Accessory

Involved in robbery of Tavern – manager deliberately shot in head to prevent identification – not satisfied who fired shot

RITCHIE

(55)

[2003] NSWSC 864

Barr J

VG

15y

NPP 11y 9m

 Nil relevantsuffocation

Suffocated elderly mother – hid body in bush and claimed mother had wandered off – under stress of caring for dying mother – gross breach of trust – only issue at trial was mental health

Good prospects of rehabilitation – ill health

PENISINI

(24)

[2003] NSWSC 892

Wood CJ at CL

 

[2004] NSWCCA 339

PG

Murder

 

Unauth use of firearm

 

Car jacking

34y

NPP 23y

 

FT 5y

 

 

FT 6y

 

Total:

36y

NPP 25y

Crown ADSerious violent offences – breached parole

Shooting

Intent to kill

Deliberate shooting of police officer during attempt to apprehend stolen car containing four offenders – fired five shots through driver window of police car – attempted to take second car at gunpoint to facilitate escape – no premeditation or planning

Tongan – genuine remorse – element of dangerousness to community

Co-offenders M and J Taufahema sentenced for manslaughter

MEHAJER

(23)

 

 

 

 

 

 

 

 

 

JACOBS

(21)

[2003] NSWSC 885

Studdert J

 

(2004) 151 A Crim R 452

[2004] NSWCCA 462

VG

Murder

 

Rob in Co

 

Agg Rob in Co

 

 

 

 

 

VG

Murder

 

Rob in Co

 

Agg Rob in Co

18y

NPP 13y 6m

 

FT 4y

 

FT 5y

 

Total:

18y 6m

NPP 14y

 

16y 6m

NPP 12y 6m

 

FT 4y

 

FT 5y

 

Total:

17y

NPP 13y

AD

Nil prior – minor subsequent offence

 

 

 

 

 

 

 

 

Minor prior offence

Assault

Felony murder

Accessory

Robbery of takeaway shop – one man threatened by M with knife and assaulted – owner kicked in head and subsequently died – unclear who caused death – M ringleader

M – prior good character – good prospects of rehabilitation

J – extremely harsh upbringing – favourable prospects of rehabilitation

MARCHANT

(29)

 

 

CRAWT

(24)

[2003] NSWSC 958

Greg James J

 

[2006] NSWCCA 120

PG

(10%)

Murder

 

PG

(10%)

Murder

 

Sched:

Drive convey

Agg AR

Att AR

38y

NPP 32y

 

 

35y

NPP 28y

AD

 

 

 

AA

30y

NPP 24y

Lengthy record for violence – breached parole

 

Lengthy record – breached parole and bail

Shooting

Intent to kill

Accessory

Male shot twice in head during night time meeting in park to discuss stolen jewellery – purpose of shooting not clear – vicious and callous execution

M – Primary offender – continuing danger – little hope of rehabilitation

C – Present and reckless as to killing – deprived background – some hope of rehabilitation

FOLBIGG

(36)

[2003] NSWSC 895

Barr J

 

(2005) 152 A Crim R 35

[2005] NSWCCA 23

 

 

 

 

 

 

 

[2007] NSWCCA 371

VG

Murder

 

Murder

 

Murder

 

 

Manslaughter

 

Intentionally inflict GBH

18y

 

 

20y

 

22y

NPP 12y

 

FT 10y

 

FT 14y

 

Total:

40y

NPP 30y

Sentence AA

18y

 

20y

 

22y

NPP 17y

 

FT 10y

 

FT 14y

 

Total:

30y

NPP 25y

 

Conviction AD

Nil

Suffocation

Intent to kill

Mother killed four babies over ten years – suffocated each child in spontaneous burst of anger – earlier attack on second child caused blindness

Seriously psychologically damaged by early neglect and physical and sexual abuse – protective custody

On appeal: error in accumulation and overall sentence crushing – comments on public opinion

M.A.

(17)

[2003] NSWSC 978

Shaw J

 

(2004) 145 A Crim R 434

[2004] NSWCCA 92

PG

(15% on appeal)

13y 6m

NPP 8y 6m

Crown AA

16y

NPP 11y

Nil

Shooting

Reckless indifference

During altercation with 18y male on street shot victim in chest at close range – unplanned and unpremeditated

JOSEPH

(46)

[2003] NSWSC 1080

Greg James J

PG

(25%)

15y

NPP 11y

 Nil

Assault

Intent GBH

Assaulted wife asleep in bed with club lock – sustained and frenzied attack – relationship broken down – child sleeping in bedroom with wife

Sri Lankan

IDE

(31)

[2003] NSWSC 1110

Whealy J

VG

Murder

 

2 x Assault

15y

NPP 11y 3m

 

FT 6m

(each – concurrent)

 Nil

Shooting

Intent to kill

Long running dispute with sister over father's property – on day of shooting angered by removal of cattle from property – deliberately shot sister at close range

Prior good character – remorse – de facto and two children

WIGNEY

(36)

 

 

 

 

 

 

 

Co-offender:

SMALE [2005]

[2003] NSWSC 1136

Adams J

 

[2004] NSWCCA 171

PG

(combined 35%)

Murder

 

AR

 

Sched:

5 serious and unrelated off

13y 8m

NPP 8y 6m

 

 

 

6y

NPP 4y 6m

 

Total:

16y 8m

NPP 11y 6m

Crown AA

16y 3m

NPP 12y 2m

 

 

6y

NPP 4y 6m

 

Total:

20y 9m

NPP 16y 8m

Lengthy although less serious – breached parole

Shooting

Felony murder

Robbed club using firearms – struggled with pursuing manager and shot him in chest

Assistance against co-offender – genuine remorse – long history of drug abuse

On appeal found error in finding reflexive discharge of weapon

GEORGIOU

(33)

 

 

 

HARRISON

(39)

[2003] NSWSC 1240

Greg James J

 

(2005) 153 A Crim R 288

[2005] NSWCCA 189

VG

3 x murder

 

 

 

VG

3 x Murder

33y

NPP 28y

(each – concurrent)

 

33y

NPP 28y

(each – concurrent)

Conviction AD

traffic matters

 

 

 

 

nil

shooting

intent kill

Shooting of four members of Bikie Club by member and ex-member of rival Club in basement of café - close range - deliberate executions but unable to determine if pre-planned.

G: father to young child - good character evidence - concurrent sentence for contempt for refusal to answer question in cross-examination.

H: father to young daughter - positions of responsibility in gaol

Earlier conviction at trial quashed on appeal:

[2000] NSWSC 287 Dowd J

[2001] NSWCCA 464

BROWN

(42)

[2004] NSWSC 194

Hulme J

VG

18y

NPP 13y 6m

 Minor and irrelevant

Assault

Intent GBH

Unpremeditated assault on wife with heavy doorstop – probable outburst of violence or anger during argument

Out of character – father to 3 children

FRASER

(36)

[2004] NSWSC 53

Howie J

 

[2005] NSWCCA 77

VG

3 x Murder

32y

NPP 27y

ADNilDrowning

Drugged daughter and 2 sons with sleeping tablets then drowned them in bath – daughter violently struggled – revenge against estranged wife – genuine attempt at suicide – premeditated and planned offences

Severely mentally disturbed at time – history of mental illness – protective custody

STONE

(31 at offence / 44 at sentence)

(2004) 144 A Crim R 568

[2004] NSWSC 224

Grove J

PG

21y

NPP 15y 9m

 Lengthy – breached parole – dealt with for attempt to commit similar offence 5 years laterStrangulation

(1990) Broke into home during day attempting to escape pursuit – intoxicated and drug affected – formed intent to commit sexual assault – stripped female occupant and tied her to bed – strangled with football sock – gratuitous violence - 5 years later threatened 26y daughter of de facto with similar violence – subsequent DNA match to murder

Deprived childhood as ward of state – serious health problems – future dangerousness – more lenient sentence pattern for murder at time of offence

LOEBER

(33)

[2004] NSWSC 293

Wood CJ at CL

PG

(combined 25%)

18y

NPP 13y

 No relevant priorsStabbing

Broke into home of female friend and stabbed her over 40 times – disguised with pillowcase upon entering house – no memory of offence - use of knife and attack in complainant's home aggravating features

Prior good character

LEW

 

 

 

 

 

 

 

 

 

 

 

Co-offenders:

NG

LO

[2004] NSWCCA 320

VG

Murder

 

 

PG

Acc before fact attempt armed robbery

14y

NPP 11y

 

 

FT 5y

AA

14y

NPP 10y

 

FT 5y

 

Total:

14y

NPP 11y

AOABH.

Shooting

Accessory before fact

Planned with co-offenders to rob tavern where offender worked - co-offenders armed with metal pole, knife and gun, entered tavern, struck victim on back of head with metal pole - victim struggled and killed by knife wound to throat and bullet wound to head - co-offenders stole $50K – offender aware of metal pole only - tried to convince co-offender not to proceed - attempted to withdraw from involvement but did nothing of significance to prevent robbery – did not notify victim of what was to occur.

Abuse of position of trust – motivated by financial pressures – gambling debt

On appeal related conviction for accessory before the fact to armed robbery quashed

JSK

(16y)

 

 

 

Co-offender:

MAH [2005]

[2004] NSWSC 470

Buddin J

PG

11y

NPP 7y

 NilAssault

Fatal assault on 17y friend at instigation of co-offender – friend taken to remote area and body buried – pre-meditation – element of duress.

Voluntary admission of guilt three years later - significant discount for assistance – extreme remorse – emotionally immature – excellent prospects of rehabilitation

WILKINSON

(26)

 

 

Co-offender:

WILLARD [2005]

TJA [2004]

[2004] NSWSC 1307

Howie J

PG

(25%)

22y 6m

NPP 16y 6m

 Drug offences – breached bond

Shooting

Accessory

SNPP 20 years

Female - assisted in killing of friend's husband – arranged shooter – drove shooter to house – victim shot in back of head while asleep on lounge – premeditated offence for financial reward – substantial role

Judgement impaired by mental state

MOLONEY

(39)

[2004] NSWSC 477

Grove J

VG

Murder

 

2 x Att inflict GBH with intent

20y

NPP 15y

 

6y

NPP 4y 6m

(concurrent)

 Prior convictions for violence – breached bail

Car

Intent GBH

Removed from hotel by licensee and two employees after fight – deliberately drove car at three men in car park – licensee killed

KNIGHT

(35)

[2004] NSWSC 498

Barr J

 

[2005] NSWCCA 241

VG

22y

NPP 16y 6m

ADLengthy record for drug, property and violence offences

Stabbing

Intent to kill

Savage attack on prison inmate by at least two offenders in cell – multiple stab wounds – no explanation for killing

Some prospects of rehabilitation

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

HOLLAND

[2004] NSWSC 653

Dowd J

VG

30y

NPP 23y

 Not serious – escapee at time of killing

Stabbing

Intent to kill

Stabbed fellow male escapee in frenzied and sustained attack – reacted to insults to girlfriend – slow and painful death – gratuitous cruelty – spontaneous offence

Young, immature and socially dysfunctional – dislocated and abusive childhood - isolated

CROWTHER-WILKINSON[2004] NSWCCA 249VG

20y

NPP 15y

Conviction ADNot statedShootingShot male partner in security business – body wrapped and dumped in river – care taken to conceal offence
TA'ALA

NSWSC

Davidson AJ

30.7.2004

 

[2008] NSWCCA 132

PG

(just over 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

Beat first victim with cricket bat over head – argument as to drug dealing – bashed and stabbed second female victim who had witnessed the attack.

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

TJA

(17)

 

 

Co-offender

WILLARD [2005]

WILKINSON [2004]

[2004] NSWSC 1308

Howie J

PG

22y 6m

NPP 16y 6m

 Nil for violence – breached bail and bondShooting

SNPP 20 years

Involved in killing of male on behalf of wife - shooter – victim shot in back of head while asleep on lounge – premeditated offence for financial reward – seeking to impress older girlfriend

Remorse – severely deprived childhood resulting in early drug abuse

GOODWIN

(57)

[2004] NSWSC 757

Howie J

PG

(17.5%)

2 x Murder

22y

NPP 16y 6m

 

22y

NPP 16y 6m

 

Total:

27y

NPP 21y 6m

 Insignificant record

Shooting

Intent to kill

SNPP 20 years

Shot estranged wife and new partner – element of planning

Highly disturbed state resulting from separation – attempted suicide

MS

(17)

[2004] NSWSC 730

Dunford J

VG

17y

NPP 11y

 Lengthy record including common assault and mal wounding

Strangulation

Intent to kill

Killed 15y girlfriend by strangling her with shoelaces – relationship marked by violence towards victim

Aboriginal – physically abused and dislocated throughout childhood – alcohol and drug addiction – good prospects of rehabilitation

EAGLESHAM

(30)

[2004] NSWSC 747

Barr J

VG

20y

NPP 15y

 Not stated

Knife across throat

Intent to kill

Carefully planned murder of recently estranged wife

Depressed – may have been sexually assaulted as child – precluded from contact with son – subsequent assaults on family members

O'LEARY

(22)

[2004] NSWSC 821

Buddin J

PG

16y

NPP 11y

 Nil

Assault

Intent GBH

Assaulted 60y male acquaintance and left in wardrobe of caravan – no premeditation – argument over living arrangements – some possible provocation and self-defence – element of substantial impairment

PTSD and depression after witnessing car accident – contrition – prior good character

AZAR

(41)

[2004] NSWSC 797

Kirby J

VG

17y

NPP 12y

 Criminal record for dishonesty and drugs offences

Shooting

Intent to kill

Shot male acquaintance at home 7 times – sexually abused by victim when very young in Lebanon

Depressive illness – reasonable prospects of 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

IGLESIAS

(53)

[2004] NSWSC 944

Hidden J

 

[2006] NSWCCA 261

PG

(without plea and co-operation head sentence would have approached 20 years)

15y

NPP 11y

ADSporadic – not significant

Stabbing

Intent GBH

Attacked victim in home, stabbing him in neck and side – earlier in day punched by victim in face

Disturbed childhood in Cuba – limited intellectual ability – good prospects of rehabilitation – isolated in custody – protective custody

TAOUK

(55)

[2004] NSWSC 981

Barr J

 

(2005) 154 A Crim R 69

[2005] NSWCCA 155

VG

Murder

 

Murder

16y

NPP 15y

 

18y

NPP 11y

 

Total:

22y

NPP 15y

Conviction ADOld firearm offence – drug offence

Shooting

Intent to kill

Shot wife and brother in law in house while preparing for bed – no premeditation – no real explanation for shooting – good relationship with both victims

Poor health

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

KISELJEV

(66)

[2004] NSWSC 1030

Dunford J

PG

20%

16y

NPP 11y

 NilAsphyxiation

Killed young wife during argument by assaulting her with shoe and asphyxiating with cloth over mouth – unhappy and dysfunctional marriage – element of provocation – spontaneous

Croatian – remorse – prior good conduct

NGUYEN

(24)

[2004] NSWSC 1067

Hidden J

VG

Murder

 

 

Shoot w/i to murder

Murder

20y

NPP 14y 6m

 

FT 12y

 

Total:

22y

NPP 16y 6m

 Disturbing – breached parole for serious armed robbery

Shooting

Intent to kill

Shot male acquaintance and friend in gaming room of hotel – spontaneous offence

Vietnamese – reasonable prospects of rehabilitation

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

KEIR

  1. / (45)

[2004] NSWSC 1194

Campbell AJ

 

[2007] NSWCCA 149

VG

22y

NPP 16y

Conviction AD

Nil relevant

(NB acquitted of murdering second wife)

Strangulation

Intent to do GBH

Probably strangled wife - body found in backyard - obsessed and jealous towards wife - made threats and violent - angered by wife's attempt to leave – lied about wife leaving him

Third trial – application of Gilmore principle

Earlier trials:

[2000] NSWSC 111

(2002) 127 A Crim R 198 (NSWCCA)

[2003] NSWSC 140

(2003) 144 A Crim R 468 (NSWCCA)

ASLETT

(33)

[2004] NSWSC 1228

Wood CJ at CL

 

[2006] NSWCCA 360

PG

Murder

 

 

2 x s.61JA

 

8 x s.97(2)

 

2 x s.97(1)

 

Sp agg kidnapping

 

Agg car jacking

 

Att obtain $ by deception

 

3 x LMV

 

Sched:

9 similar offences

Life

 

 

 

Total other offences:

36y

NPP 28y

AA

28y

NPP 22y

 

Total other offences:

36y

NPP 28y

 

Total:

42y

NPP 36y

Lengthy and disturbing – almost continuous custody since 11 years old – recently sentenced for brutal home invasion and sexual assault on 16y female occupant

Gunshot

Felony murder

SNPP 20 years

Murder involved attempt robbery of male proprietor of pharmacy – struggled with victim in car, took out loaded gun to threaten and gun discharged - other offences committed over 3 months – stole car with female occupant using knife and gun – sexually assaulted complainant twice – robberies of various retail premises using guns and knives

Drug abuse – some remorse - finding of dangerousness – psychological profile suggests no hope of rehabilitation

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.

 Last updated 9.7.2018

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