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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 - 2009-2010

Standard non-parole period (offences 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)

DATE REFPLEASENTENCEAPPEALSUMMARY OF RECORDHOW KILLEDINVOLVEMENT & SUMMARY

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

O'DONNELL

(21)

[2009] NSWSC 42

Rothman J

VG

22y

NPP 16y 6m

 NilStabbing

SNPP 20 years

Became involved in altercation at hotel – stabbed victim in stomach and chest several times – spontaneous offences but carrying knife – only issue at trial was self defence – affected by alcohol but not drunk – mid range offence

Troubled childhood – significant drug and alcohol problems – mild paranoia – good prospects of rehabilitation

FORDHAM

(26)

 

 

 

 

 

 

 

Co-offender:

BARRETT [2009]

[2009] NSWSC 95

Mathews AJ

PG

(27%)

14y 8m

NPP 11y

 Priors – prior gaol – breached bond

Stabbing

Intent to kill

SNPP 20 years

Stabbed male acquaintance of girlfriend in honest belief he was a hit man and threatened girlfriend and her children – deliberate and planned killing masterminded by girlfriend – victim lured to house and stabbed multiple times over period of time – body disposed of - mid-range

Remorse – drug user – low intelligence – pawn for girlfriend – assistance - giving evidence against girlfriend.

WILSON

(34)

[2009] NSWSC 365

Latham J

VG

25y

NPP 18y

 Minor assault offences

Assault

Intent GBH

SNPP 20 years

Assaulted male housemate with walking stick – left victim unconscious in bed – both intoxicated – probably argument over rent – spontaneous and unpremeditated offence – just below mid-range

SPANIA

(45)

[2009] NSWSC 148

Barr J

PG

Murder

 

3 x Firearms offences

24y

NPP 18y

 

FT 3-6m

(concurrent)

  

Shooting

Intent GBH

SNPP 20 years

Shot 53y brother – history of being bullied by brother – feared brother – brother visited unit with 5y son uninvited – refused to leave – threatened with gun – shot once in chest – no premeditation – provocation - little below mid-range

Iraqi – below average intelligence – physical disability caused by polio – remorse – obtained weapon for general protection years earlier

PJS

(33)

[2009] NSWSC 153

Mathews AJ

VG

26y

NPP 20y

 Lengthy record – breached bondsAssault

SNPP 25 years

Severe assault of 3y step daughter left at home with offender and 9y sister when mother went to refuge – assaulted all over head and body – intoxicated – no recollection – position of trust – above mid-range

Violent childhood – protective custody – violent relationship with wife

EDWARDS

(38)

[2009] NSWSC 164

Buddin J

PG

(15%)

18y 8m

NPP 14y

 Alcohol related – no gaol – breached bond and AVO

Assault

Intent GBH

SNPP 20 years

Severe assault of girlfriend staying at offender's house – no premeditation –offender and victim drinking alcohol and smoking cannabis – breached bond and AVO - a little below mid range

Both aboriginal – difficult and abusive childhood – commenced drinking at 9y – smoking cannabis at 12y – alcoholic

AYTUGRUL

(40)

[2009] NSWSC 275

RA Hulme J

 

(2010) 205 A Crim R 157

[2010] NSWCCA 272

 

[2015] NSWCCA 139

VG

28y

NPP 21y

Conviction AD

 

 

 

 

 

 

 

Sentence AA

27y

NPP 20y 3m

Nil

Stabbing

Intent to kill

SNPP 20 years

Multiple stab wounds of ex-girlfriend in her home unit – prior stalking and obsessive behaviour – slightly above mid-range

WICKS

(47)

[2009] NSWSC 266

James J

PG

(10%)

20y

NPP 15y

 Minor offences – drugs and assault

Stabbing

Intent to kill

SNPP 20 years

Multiple stab wounds to female acquaintance – argument over drugs – spontaneous offence – element of provocation – sustained attack – judgment affected by alcohol – loss of self control – a little below mid-range

Long term substance abuse – attempted suicide after viewing autopsy report – remorse – good prospects of rehabilitation

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

BH

(17)

[2009] NSWSC 358

Hidden J

PG

(25%)

17y

NPP 13y

 Disturbing record – includes AR and Rob in Co – breached probation

Assault

Felony murder

SNPP 20 years

Assaulted 23y homeless male with garden stake outside Town Hall – intended to rob victim of poker winnings – below mid-range

Troubled childhood – sexual abuse – early substance abuse – remorse – gaining insight – reasonable prospects of rehabilitation

WILKINSON (No.5)

(28)

[2009] NSWSC 432

Johnson J

PG

Murder

 

Arson

28y

NPP 21y

 

6y

NPP 4y 6m

 

Total:

28y

NPP 24y

 Nil prior – subsequent assault

Unknown

Intent to kill

SNPP 20 years

Killed pregnant lover to prevent complications to marriage –circumstances of killing unclear – body never found – took phone and made phone calls to leave false trail – set fire to house and blamed victim – supplied multiple false accounts to police - murder above mid-range – arson towards top of range

No contrition or remorse – aboriginal liaison officer with police force – onerous custodial conditions

WHITMORE

(26)

[2009] NSWSC 520

Adams J

 

[2010] NSWCCA 157

VG

14y

NPP 10y

Conviction AD

Crown AD

Minor record for assaults and property damage

Stabbing

Common purpose

SNPP 20 years

Female offender – male victim stabbed in back during argument with neighbours over dogs – unclear who inflicted fatal stab wound – offender and brother emerged from house in response to comment made by victim – sentenced on basis adverted to possibility lethal blow could be inflicted by someone with intent to kill or inflict gbh – significantly below mid-range - brother sentenced for manslaughter

History of alcohol and drug abuse

WALSH

(69)

[2009] NSWSC 764

McCallum J

PG

2 x Murder

 

Murder

 

 

Att murder

Life

 

 

20y

NPP 15y

 

16y

NPP 12y

 Nil

Assault, stabbing and drowning

Intent to kill

SNPP 25 years

Grandfather hit wife with hammer and stabbed her to death – drowned 5y granddaughter in bath – assaulted 7y grandson with hammer then drowned in bath – bodies placed in bed – killed dog – children in care of grandparents while mother at work – lied to school about children being ill – assaulted daughter with axe when she returned– brain and skull injuries – planning and premeditation – no explanation for killings – murder of children worst case – murder of wife mid-range – assault on daughter well above mid range

No mental illness

MEHTA

(42)

[2009] NSWSC 814

Grove J

PG

Murder

 

Murder

30y

 

 

Life

 Assault on first wife – strangling and threat to kill

Strangulation

Intent to kill

SNPP 20 years / 25 years

Strangled wife during argument – verbal threats and physical assaults made previously – killed 9y step daughter to prevent her reporting killing to police – method of killing unclear – threw bodies over cliff in Blue Mountains – discovered by bushwalkers 4 weeks later – lied to police – had son assist in deception - killed wife for financial reasons – killing of step daughter worst case

No evidence of remorse or rehabilitation

VALIUKAS

(33 at offence – 43 at sentence)

[2009] NSWSC 808

Hulme J

VG

18y

NPP 13y 6m

 nilStrangled

(1999) - Strangled former partner in her home during argument –volatile relationship – suffering dissociative episode at time of killing – visions of violent father and person who molested him as a child – not fully aware of acts - spontaneous offence - took body and children to mother's house and hid body in shed – lied about disappearance of victim – confessed to police 9 years later – offence below mid-range

Prior good character – difficult custodial conditions

RAAD

(41 at offence – 49 at sentence)

[2009] NSWSC 830

Rothman J

 

[2011] NSWCCA 138

PG

(25%)

 

 

Armed robbery

14y

NPP 10y 6m

 

 

FT 5y

(concurrent)

AA

12y

NPP 9y

 

FT 5y

Lengthy record

Shooting

Felony murder

(2001) - Robbed and killed security guard – shot during struggle – killing not deliberate –elements of planning for robbery

Voluntarily surrendered to police 6.5y later – significant Ellis discount – would not have been charged without admission – profound remorse - dysfunctional childhood resulting in life on streets and drug addiction – significant transformation and rehabilitation

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

SW (No.3)

(34)

[2009] NSWSC 1043

Hulme J

 

[2013] NSWCCA 103

VGLife

AA

40y

NPP 30y

NilStarvation – neglect

SNPP 25 years

Mother of 7y daughter who died as a result of starvation and neglect – daughter suffered developmental delay and autism – left in bedroom in unhygienic conditions - worst case

Drug use.

Father [BW] sentenced for manslaughter.

NAA

[2009] NSWSC 1077

Howie J

VG

Murder

 

AOABH

 

PG

Use off weapon to prevent lawful appreh

23y

NPP 17y 3m

 

FT 22m

 

FT 3y 3m

(concurrent)

 Drug related offences

Stabbing

Intent to kill

SNPP 20 years

Staying with ex-partner – followed victim into grandparents' house and stabbed her in stomach – lifted her head and slit side of neck with knife although wound not life threatening – pushed over grandmother and threatened grandfather – history of domestic violence – standoff with police over three hours threatening them with knives – attempted suicide by calling on police to shoot him – slightly below mid-range

Intoxicated and suffering depression – brain injury made him more susceptible to effects of alcohol

COX

(26)

[2009] NSWSC 1067

Hulme J

PG

(25%)

Murder

 

Sched:

AOABH

18y

NPP 13y 6m

 Lesser offences and no custody – breached bail for assault offences

Assault

Intent GBH

SNPP 20 years

Assaulted 47y male neighbour outside unit while both intoxicated – antagonism continued some hours later and claims victim admitted being a paedophile – entered neighbouring unit through widow and assaulted victim with truck wrench – intended only to strike body although unit very dark – spontaneous offence – just below mid-range

Suffering depression since death of step-son – intoxicated – some remorse – good prospects of rehabilitation provided address anger and drinking problems

WILLETTS

(37)

 

 

 

 

 

GURNEY

(29)

[2009] NSWSC 1201

Latham J

 

[2011] NSWCCA 48

PG

(15%)

Murder

 

Arson

 

 

PG

(20%)

Murder

25y 6m

NPP 19y

 

 

FT 2y

(concurrent)

 

24y

NPP 18y

AD

Conditional liberty – drug related record

 

 

 

 

Conditional liberty – drug related record

Stabbing

Intent to kill

SNPP 20 years

Joint criminal agreement to kill formed immediately before the fatal assault – attacked male acquaintance in his home – stab wound to the chest – assault commenced in yard and victim taken inside – penis amputated and numerous wounds to body - set alight – steps taken to conceal weapons – markedly higher than mid-range

G had been sexually assaulted by victim as a child and was dissatisfied with drugs supplied by victim – offer of assistance – suffering drug abuse and mental disturbances at time of offence

W no motive for attack but not involved in mutilation of body – drug abuse

FAULKNER

(40)

[2009] NSWSC 1171

Howie J

PG

(15%)

Murder

 

Manslaughter

20y 3m

NPP 16y

 

 

4y 3m

NPP 3y

 

Total:

23y 3m

NPP 19y

 Offences of violence

Stabbing

Intent to kill

SNPP 20 years

During argument with caretaker of boarding house pushed victim down stairs – unlawful and dangerous act – spontaneous offence – low range – fit of anger

Three years later stabbed partner – broke into house after she asked him to move out – threatening to call the police - 16 stab wounds – stabbed himself in stomach – upper end of mid range

Some mental impairment

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

BENNETT

(47)

[2009] NSWSC 1382

R A Hulme J

PG

(25%)

18y

NPP 13y 6m

 Minor record – breached bond

Assault

Intent to kill

SNPP 20 years

Assaulted female lover with a hammer multiple times to head in remote location – circumstances and motive for killing unclear – buried victim in shallow grave – lower end of mid-range

PFITZNER

(26)

[2009] NSWSC 1267

RA Hulme J

 

[2010] NSWCCA 314

PG

(15%)

25y 6m

NPP 19y 2m

ADBreached suspended sentence for mal inflict GBH in company – other offences

Asphyxiation

Intent GBH

SNPP 25 years

Female - mistreated, abused and assaulted 2y son over long period of time – murdered victim by asphyxiation although actual method of killing unclear –wrapped body in plastic, placed in suitcase and threw in nearby pond – spontaneous offence giving in to anger and influenced by several factors and pressures – had declined to give up victim to custody of mother or DOCS despite asking for help – aware victim about to be returned to lawful guardian - slightly below mid-range.

Displayed appropriate parenting to two other children

TRAN

(26)

[2009] NSWSC 1437

Mathews AJ

 

[2011] NSWCCA 116

VG

26y

NPP 20y

AA

24y

NPP 18y

Lengthy record

Stabbing

Intent GBH

SNPP 20 years

During argument over money stabbed male acquaintance – victim owed family of offender considerable amount of money – fight initiated by offender – spontaneous killing although armed with knife and accompanied by friend – below mid range seriousness on appeal

Difficult childhood – long term drug abuse

LR

(16)

 

 

 

 

Co-offender:

KR

[2010] NSWSC 22

Howie J

PG

(20%)

Murder

 

Assault w/I to rob in co

14y 3m

NPP 10y 6m

 

 

FT 6m

 nil

Assault

Intent GBH

Agreed with co-offender to find person to rob - assaulted male stranger and stole mobile phone – assault initiated by co-offender who stomped on head of victim – offender joined assault and kicked victim once to head - assaulted male bike rider with intent to rob shortly before killing

Aboriginal – some evidence of rehabilitation in custody and remorse

CHEN

(29)

[2010] NSWSC 64

Rothman J

VG

23y 4m

NPP 17y 6m

 nil

Choking / Strangulation

Intent GBH

SNPP 20 years

Strangled de facto wife at her residence – drove body 8km to his residence – placed body in bed covered with ice, flowers and favourite food – intoxicated – no clear motive for offence – spontaneous offence – no history of domestic violence – slightly below mid-range

Prior good character – contrition – suffers psychosis – good prospects of rehabilitation – Chinese national with little English

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

KR

(17)

 

 

 

 

 

 

 

Co-offender:

LR

[2010] NSWSC 188

Howie J

 

[2012] NSWCCA 32

PG

(15%)

Murder

 

Ass w/i Rob

 

Ass w/I Rob

18y 9m

NPP 12y

 

 

12m

 

6m

 

Total:

19y 6m

NPP 12y 9m

ADnil

Assault

Intent GBH

Agreed with co-offender to rob someone – kicked male victim to death in driveway of house – assault included stomping on head – subsequently attempted to rob cyclist - pushed female from behind, punched her twice to head and kicked in cheekbone

Aboriginal – drug and alcohol abuse - remorse

TONGAHAI

(26)

[2010] NSWSC 227

Buddin J

 

[2014] NSWCCA 81

VG

Murder

 

AOABH

24y 6m

NPP 18y 6m

 

FT 15m

 

Total:

25y

NPP 19y

Conviction ADAssault offences – breached parole

Shooting

Intent to kill

SNPP 20 years

Shot male acquaintance three times at close range – feared violence from victim after unprovoked attack on offender by victim several years earlier – entered nightclub with gun in attempt to retrieve money owed by third person – left nightclub when brawl broke out but returned to assist friends – while attempting to flee pushed to ground female who had jumped on his back – spontaneous offence – slightly below mid-range

Substance abuse – born in Niue

WARD

(39)

[2010] NSWSC 304

Howie J

 

[2013] NSWCCA 46

VG

25y

NPP 18y 9m

ADTraffic matters – mal wounding of husband – bad driving record

Driving

Intent GBH

SNPP 20 years

Female driver of car became involved in dispute with group of male pedestrians in early hours of morning – drove at male victim twice before crushing him under car – excessive response to trivial provocation – mid-range

Intoxicated and under influence of cannabis – unlicensed driver – aggressive when intoxicated – immediate remorse - suffers bipolar disorder

JONES

(37)

[2010] NSWSC 432

Barr AJ

PG

21y 4m

NPP 16y

 Violence and drugs – breached bond

Assault

Intent GBH

SNPP 20 years

Killed 56y flatmate in fatal assault – lost temper – methadone toxicity contributing cause of death – spontaneous offence – a little below mid-range

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

MJR

(17)

[2010] NSWSC 653

Johnson J

PG

(15%)

16y 2m

NPP 11y 1m

  Shot

Shot father whilst asleep at close range to back of head – no real evidence of abuse by father - bottom of middle range of objective seriousness

Mental health - juvenile bipolar disorder and depression, affected judgment and contributed to commission of offence - recommendation offender be detained in Forensic Hospital for as long as reasonably possible

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

KWON

(29)

[2010] NSWSC 671

RA Hulme J

VG

22y

NPP 16y 6m

 NilStrangled

SNPP 20 years

Strangled female Korean prostitute met in brothel - had dinner with victim – argument after offender said he no longer wished to have contact with victim – victim made disparaging comments about offender's wife - reasons leading to killing not entirely clear - just below mid-range objective seriousness

Arrived in Australia 2005 – no family

MCGUREN

[2010] NSWSC 744

Fullerton J

PG

34y

NPP 25y 6m

 Lengthy. - attempt strangle, AOABH, breach AVOShooting and assault

SNPP 20 years

Broke into home of ex-partner's new partner – shot victim in neck – bashed victim in head with rifle butt number of times causing death - premeditated – upper end of upper range of objective seriousness

Tendency to uncontrolled violence.

SULLIVAN

(51)

[2010] NSWSC 755

Fullerton J

 

[2012] NSWCCA 41

VG

25y

NPP 18y 9m

ADManslaughter - possess drugs -  dishonesty

Stabbing

Intent to kill

SNPP 20 years

Supplied drugs to victim – believed victim had stolen his wallet – stabbed victim to chest - not premeditated in sense of being planned in advance, but intended to confront victim – Mid-range offence.

Mental health - brain damage had some causal connection with offence - behavioural and personality dysfunction - tendency to violence and unrestrained hostility when crossed – previously convicted of manslaughter diminished responsibility (where victim stabbed over unpaid rent).

YUKE

(30)

[2010] NSWSC 754

Barr AJ

VG

24y

NPP 14y

 Violence, property, breach AVO, weapons, public nuisance - Local Ct matters onlyStabbing

SNPP 20 years

Stabbed partner with single blow during argument – heavily intoxicated - history of some violence in relationship - below mid-range – no intent to kill

Substantial intellectual deficit – alcohol abuse

DENNISON

(28)

[2010] NSWSC 780

Fullerton J

PG

(20%)

Murder

 

8 x s.61J

2 x s.61K(b)

4 x s.86(1)(b)

s.35(2)

s.113(2)

2 x s.97(1)

 

Sched:

8 offences

18y

NPP 11y

 

 

Total:

28y

NPP 21y

 AOABH, possess knife, driving, resist police.Fall

SNPP 20 years

Followed four persons into security apartment – threatened with knife – forced sexual acts with three victims – murder victim escaped through balcony door and fell from balcony - died from injuries – another victim also sustained serious injuries after falling from balcony - lower end of mid-range – no intent to kill

Aboriginal background – troubled background. drug dependent ("ice") - capacity for exercising judgment was probably severely compromised by being in the grips of "ice" on the day of offence

POTTS

(40)

[2010] NSWSC 731

Kirby J

 

[2012] NSWCCA 229

VG

28y

NPP 21y

ADManslaughter of father – substantial impairment

Stabbed

Intent to kill

SNPP 20 years

Stabbed sex worker in the back twice in his apartment – had sex post mortem and attempted to conceal body under bed – impulsive offence

Paranoid schizophrenia caused significant impairment at time of offence – high risk of further violent offence

DB

(16)

[2010] NSWSC 812

Barr AJ

PG

Murder

 

Wound w/I murder

 

Sched

Assault

20y

NPP 12y

 

FT 12y

 

Total:

24y

NPP 16y

 nil

Stabbing

Intent to kill

Broke into home of ex-girlfriend armed with carving knife at night – fatally stabbed father of ex-girlfriend in confrontation – stabbed mother in bedroom then pursued her outside and stabbed in back and continued to stab – taunted ex-girlfriend about killings, pushed her up against wall, slapped her face and forcefully kissed her on lips – disabled telephones

Vindictively jealous and made numerous threats against various people before incident – otherwise prior good character – no mental illness – remarkable progress in gaol

LECHMANA

(37)

[2010] NSWSC 849

Latham J

VG

23y

NPP 17y 3m

  

Strangulation

Intent to kill

SNPP 20 years

Strangled wife when she threatened to leave him with child –jury rejected substantial impairment defence – attempted to strangle and threatened victim with knife four months earlier – marginally below mid-range

Suffering depression – born in Malaysia – difficulties adapting to Australia – absence of remorse

DAY

(46)

[2010] NSWSC 983

Buddin J

PG

(25%)

19y 4m

NPP 14y 6m

 Criminal record

Strangulation

Intent to kill

SNPP 20 years

Strangled estranged de facto wife during argument and left her body hidden in unit – body undiscovered for four weeks – spontaneous offence – slightly below mid-range

Some prospects of rehabilitation

CAMPBELL

[2010] NSWSC 995

Latham J

 

[2014] NSWCCA 175

VG

33y

NPP 24y

Conviction ADMinor record

Pushed off cliff

Intent to kill

SNPP 20 years

Pushed wife off cliff while camping in national park – motivated by financial gain – lied and deceived victim in order to obtain large amounts of money – planned killing over several months – well above mid-range

BORG

(53)

[2010] NSWSC 951

Studdert AJ

VG

21y

NPP 16y

 Minor and old record

Strangulation

Intent to kill

SNPP 20 years

Strangled ex-de facto partner and business partner during struggle – serious dispute over business arrangement where victim indicated offender would be replaced – became enraged – spontaneous offence – element of provocation – below mid-range

Suffering anxiety and personality disorder at time of offending

HOLCROFT

[2010] NSWSC 1294

Hulme J

 

[2013] NSWCCA 45

VG

22y

NPP 17y

ADMinorAssault

SNPP 20 years

Victim beaten and kicked on bridge, then carried four metres and thrown off bridge into river - drowned - offender lost any reasonable degree of self control - offence committed in company - below mid-point objective seriousness - no premeditation or intention to kill

Limited remorse - unlikely to re-offend - good prospects of rehabilitation -- mental condition

DONG

(48)

[2010] NSWSC 1242

Price J

VG

24y

NPP 17y

 Nil

Assault

Intent to kill

SNPP 20 years

Struck victim at least nine times to the head with a hammer during argument over payment for house renovations – body placed in water in bathtub and attempt made to clean up house – struck number of blows to head while victim on ground – ferocious attack – unplanned – element of provocation in unreasonable demands of victim – mid range seriousness

Prior good character – reasonable prospects of rehabilitation

Last updated 9.7.2018 

 

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