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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 - 2013-2014 

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

MAGLOVSKI (No.2)

(60)

[2013] NSWSC 16

Beech-Jones J

 

[2014] NSWCCA 238

VG

20y

NPP 16y

ADNil

Stabbed

Intent to kill

SNPP 20 years

Stabbed and punched wife when she told offender she wanted to leave him – gave evidence victim spat at him – Macedonian background – evidence regarding "honour killing" in Macedonian culture - humiliation – provocation rejected by jury.

Prior good character – unlikely to reoffend

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

HUDD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

BROWN [2006]

[2013] NSWCCA 57

VG

Murder

 

AR

 

 

AR

 

 

s.33

 

 

Agg AOABH

27y

NPP 21y 9m

 

10y

NPP 7y 6m

 

10y

NPP 7y 6m

 

5y

NPP 3y 9m

 

2y

NPP 18m

 

Total:

28y 6m

NPP 21y 9m

AD 

Shooting

Felony Murder

Two offenders involved in planned armed robbery of electrical store – three employees tied up – one employee shot dead by offender in pursuit

Fresh evidence as to ill health

BARLOW

(24)

[2013] NSWSC 217

Harrison J

PG

(10%)

23y

NPP 17y

 Priors including violence

Stabbing

Intent GBH

SNPP 20 years

Physical altercation with victim outside hotel – returned short time later with two friends – stabbed victim in chest four times without warning – degree of pre-meditation – element of provocation – intoxication – revenge – mid-range

Aboriginal – deprived childhood – drug and alcohol addiction – genuine remorse and contrition

MEYN (No.6)

(34)

[2013] NSWSC 243

Beech-Jones J

VG

22y

NPP 16y 6m

 NilAssault and strangulation

SNPP 20 years

Killed ex-wife and mother of their two young children – offender cruelly needled victim then killed following argument - unplanned

Some evidence of rehabilitation

DUNN

(27)

[2013] NSWSC 237

Adamson J

PG

(25%)

Murder

 

AR

19y 6m

NPP 12y 6m

 

 

FT 3y

 

Total:

20y

NPP 13y

 Breached bond – lengthy record

Assault

Intent to kill

SNPP 20 years

Robbed takeaway shop armed with tomahawk axe – killed prostitute by striking her on head with axe – attempted to dispose of body in bushland reserve – unplanned assault

Deprived childhood – drug abuser since 9y – diminished capacity to reason and respond appropriately due to intellectual impairment and anti-social personality traits – no family support – assaulted in custody

AQUILINA

(27)

 

 

 

 

 

 

 

 

 

 

 

Co-offenders:

COMBER [2012]

DAWSON [2012]

[2013] NSWSC 525

Bellew J

VG

28y

NPP 21y

 No significant history

Strangulation

Joint criminal enterprise

SNPP 20 years

With mother (D) and friend assaulted and killed D's neighbour – relationship between victim and D had become strained – D complained about behaviour of victim – offender made preparations including recruiting C and taking knife and iron bar to ambush victim – struck victim with iron bar from behind - victim subjected to violence by offenders over several hours - act of strangling victim extended over period of time - offender actively involved in pulling rope causing death - cash taken and victim's bicycle sold – assisted in disposal of body - motivated by vengeance - acting as "executioner" - above mid-range

No remorse - depressive illness – some rehabilitation prospects.

HARDING

(57)

[2013] NSWSC 513

Garling J

PG

(25%)

27y

NPP 20y 3m

 Record for violence against women – breached bailSet alight

SNPP 20 years

Poured 250ml bottle methylated spirits over female lover confined to wheelchair and set her alight with cigarette lighter – spent afternoon with victim drinking wine – possibly motivated by jealousy - gratuitous cruelty in leaving house – spontaneous offence – criminality very high

Long history of alcohol abuse – acquired brain injury

STANI-REGINALD

(21)

[2013] NSWSC 567

Price J

PG

(no discount)

Murder

 

Agg sexual assault

 

Sched:

s.61J

45y

NPP 30y

 

 

 

15y

NPP 10y

(concurrent)

 Armed rob, assault with intent to rob, stalking, damage property by fireStrangulation

SNPP 20 years

Lived in neighbouring unit to victim (female aged 24y) – raped and strangled victim – placed body in suitcase then called taxi and took ride to outer area dumping suitcase in stormwater canal – had undertaken extensive internet searches of websites regarding rape, murder and serial offenders prior to committing offence – offence planned well before murder – worst case category

Difficult upbringing – father in jail for murdering offender's mother when he was young – no evidence of psychiatric illness - youth

SJAHADI

[2013] NSWSC 540

McCallum J

PG

(discount towards higher end)

Murder

 

Breach AVO

19y

NPP 14y

 

 

 

 

9m

 

Total:

19y

NPP 14y 9m

 Breached AVO – earlier attack on victim – no other prior convictionsStabbing

SNPP 20 years

Stabbed sister-in-law to death in sustained attack in home – 16 wounds - sharing home with brother and victim in breach of AVO – spontaneous offence - difficult relationship with victim

Attempted suicide after killing strong evidence of remorse

MATTHEWS

(37)

[2013] NSWSC 659

Mathews AJ

VG

16y

NPP 11y

 Extensive record - breached ICOAssault

SNPP 20 years

Punched male acquaintance during fight causing him to hit head against iron railing – victim had pre-existing condition - previously unknown aneurism burst causing brain haemorrhage – would not have suffered death but for aneurism – stomped on victim's head or upper body after punch – low range seriousness

Extremely difficult and disturbed childhood – alcohol dependence and PTSD causally related to offence – genuine remorse – lost 16y son to suicide while in custody

SUTCLIFFE

(40)

 

 

HOSKINS

(39)

 

 

MOULDS

(30)

[2013] NSWSC 715

Grove AJ

 

(Sutcliffe)

[2014] NSWCCA 208

 

(Hoskins - conv'n)

[2014] NSWCCA 207

 

(Hoskins - sentence)

[2016] NSWCCA 157

VG

16y

NPP 12y

 

 

12y

NPP 9y

 

 

10y

NPP 7y 6m

Conviction AD

 

 

 

Conviction AD

Sentence AD

Manslaughter

 

 

 

Assault.

 

 

 

Minor

Stabbing

Intent GBH

Joint criminal enterprise

SNPP 20 years

Joint criminal enterprise -  confrontation over victim's belief that offenders were responsible for damaging prized motor vehicles – victim arrived armed with gun and discharged shots – all three offenders chased and assaulted victim - S inflicted stab wound – H armed with baseball bat and intended to inflict serious injury – neither H or M aware of knife - provocation

S: family – young child

H: poor health – protection

M: developmental disability – rehabilitation prospects.

Fourth offender Brown convicted of manslaughter

RAY

(32)

[2013] NSWSC 767

RA Hulme J

VG

24y

NPP 18y

 Violence, assault – breached parole and apprehended violence order.

Assault

Intent GBH

SNPP 20 years

Brutal assault of female aged 37y – argued over offender not paying rent

Offence committed 2 months after release on parole for brutal assault of another female - significant history of violence against females – protection of community significant consideration

NADEN

(40)

[2013] NSWSC 759

Price J

PG

Murder

(20%)

 

Murder

 

Shoot w/i murder

 

Agg indecent assault

 

BES

 

 

15 x BES

28y

NPP 21y

 

 

Life

 

16y

NPP 6y

 

4y

NPP 2y

 

 

3y 6m

NPP 1y

 

FT 2y – 3y 6m

 Offensive language, high-range PCA.Strangulation

SNPP 20 years

Indecently assaulted 12y daughter of acquaintance

Murdered female cousin after she raised allegation offender had indecently assault 12y female - strangled victim then dismembered and buried body.

5 months later strangled female neighbour – had sexual intercourse with body – had been sexually attracted to victim

On run from police for 7 years and committed multiple break and enter offences to survive – shot at police officers who approached camp

Long standing low-grade depression and severe personality disorder – poor rehabilitation prospects - Aboriginal

KING

(27)

[2013] NSWSC 801

Bellew J

 

[2015] NSWCCA 99

VG

Murder

 

PG

s 35(2)

 

s 59(1)

32y

NPP 24y

 

 

FT 2y 6

 

FT 9m

 

Total:

33y 6m

NPP 25y 6m

ADSupply drug, possess firearm – breached bondAssault

SNPP 20 years

Bashed 18y ex-girlfriend - volatile and violent relationship – offender took ice and drank alcohol prior to offence – vicious, unprovoked and inhumane attack – victim suffered severe injuries – above mid-range

Rehabilitation – remorse.

BOLT

(26)

[2013] NSWSC 895

Rothman J

PG

(highest discount)

18y

NPP 12y

 Assault, drugs, BES, previous violence in domestic setting – breached bond - no previous imprisonment.

Assault

Intent GBH

SNPP 20 years

Assaulted de facto partner during argument - multiple injuries to head, thorax and abdomen - severe degree of force, from punching, kicking or stomping, and possibly being thrown against furniture or walls – both drinking and smoking cannabis – violence perpetrated by both throughout afternoon and evening - momentary and spontaneous intention – called emergency services - slightly below mid-range.

Neglectful and abusive upbringing by mother – mother murdered by her partner – often cared for by relatives – drug and alcohol abuse from young age

ABRAHAMS

(27)

[2013] NSWSC 952

Harrison J

PG

(10%)

Murder

 

Interference with body

21y 6m

NPP 15y

 

 

FT 18m

 

Total:

22y 6m

NPP 16y

 Personal violence order against victimAssault

SNPP 25 years

Female - murder of 6y daughter – in 2010 reported daughter missing – in 2011 took police to gravesite with partner - victim suffered repeated injuries in months prior to death – fractured teeth just prior to death suggesting blunt force trauma and being punched in upward direction – offender and partner had placed body in suitcase then placed in hole in remote area – partner poured petrol over body and burnt it - mid-range objective seriousness.

Borderline disabled intellectual range – dysfunctional and disruptive upbringing – upbringing in violent household – Aboriginal background.

Partner sentenced for manslaughter - Smith [2013] NSWSC 796 per Latham J

DEAN

(37)

[2013] NSWSC 1027

Latham J

 

[2015] NSWCCA 307

PG

11 x Murder

 

8 x s.35(2)

 

Larceny as a clerk

Life

 

 

8y NPP 6y

 

FT 5y

ADNilArson

SNPP 20 years

Lit two fires in aged care nursing home where worked as nurse – had been stealing painkiller medication to feed long-term drug addiction – internal investigation revealed medication being stolen – lit fires to cover theft – while fire was burning retrieved drug log books and destroyed them – fires caused death and injuries to number of elderly victims - worst case category.

Personality disorder – poly substance abuse disorder.

SAFETLI

(46)

 

 

 

 

 

 

Co-offender:

GATTELLARI

[2013] NSWSC 1096

Latham J

PG

(60% plea and assist)

Murder

 

Intimidation

9y

NPP 6y 6m

 

 

 

6m

 

Total:

9y 6m

NPP 7y

 nilShooting

SNPP 20 years

Organised and present at shooting of male businessman in front yard of home in presence of 9y son – killing ordered and paid for by business associate of victim – after several months delay recruited and assisted 19y shooter – paid $300,000 – several months later arranged for victim's wife to be threatened about payment of debts – active and direct role

Significant assistance

GATTELLARI

(63)

 

 

 

 

 

Co-offender:

SAFETLI

[2013] NSWSC 1097

Lytham J

PG

(60% plea and assist)

10y

NPP 7y 6m

 nilShooting

SNPP 20 years

Asked by close business associate to organise killing of male businessman – over many months recruited and made arrangements with S for killing – victim shot dead in front yard of home in presence of 9y son – played primary role but no evidence received financial benefit – acted out of misguided loyalty

Significant assistance – prior good character

AHOLA (No.8)

(50)

[2013] NSWSC 1128

Button J

VG

24y

NPP 18y

 Firearms, driving offencesAssault

SNPP 20 years

Bashed partner with wooden baton to head – unclear as to how argument started or motive – both intoxicated.

Out of character – highly regarded by adult daughters and friends - good employment history – alcohol abuse – good rehabilitation

SMITH

(27)

 

 

 

Co-offenders:

SMITH [2013]

KENNEDY [2015]

[2013] NSWSC 1159

Schmidt J

PG

(18%)

22y 11m

NPP 17y 2m

 Considerable record

Assault

Intent GBH

Joint criminal enterprise

SNPP 20 years

Three men broke into home of 75y male occupant – severely assaulted in attempt to obtain access to safe – active participant in assault - left for nearly a day – joint criminal enterprise – moral culpability high

Evidence of remorse - drug addicted – aboriginal – low intelligence – poor schooling

DI CIANNI

(66)

[2013] NSWSC 1328

RS Hulme AJ

 

[2015] NSWCCA 201

VG

2 x Murder

24y

NPP 20y

(each)

 

Total:

34y

NPP 30y

ADNil relevantStabbing

SNPP 20 years

Stabbed former business partner numerous times – victim had defrauded offender – also stabbed brother of victim living with victim and home at time - marginally above mid-range offences.

Wife Pintabona sentenced for Accessory.

HICKS

[2013] NSWSC 1324

Adams J

PG

(15%)

17y

NPP 12y 9m

 lengthy

Stabbing

Intent cause GBH

SNPP 20 years

Stabbed female partner during argument – some history of domestic violence and frequent arguments – both had been taking drugs – not planned offence

Difficult childhood – borderline cognitive abilities

BRETHERTON

(38)

[2013] NSWSC 1339

Harrison J

VG

21y

NPP 15y 9m

 NilStabbing

SNPP 20 years

Stabbed former female partner during argument – numerous stab wounds - ongoing argument over property settlement - slightly below mid-range – spontaneous uncontrolled offence.

Substantial impairment rejected at trial but taken into account on sentence - depression – obsessive compulsive personality – autism spectrum – did not like victim to have contact with her family – difficult childhood

MBELE

(22)

[2013] NSWSC 1394

Latham J

VG

26y

NPP 18y

 Breached bond for assault

Stabbing

Intent GBH

SNPP 25 years

Stabbed 16y during confrontation at railway station in early evening – earlier confrontation with victim – members of opposing groups – angry – deliberately antagonised victim to provoke confrontation – single stab to chest – 'cowardly, vicious, vengeful and premeditated attack'

JACOBS (No.9)

(49)

[2013] NSWSC 1470

Button J

VGLife Lengthy - driving, multiple AR.

Shooting

Intent to kill

SNPP 25 years

Shot police officer – victim followed offender in police vehicle suspecting offender driving disqualified – both stopped then offender shot victim in chest at close range (3 metres) – motive unable to be determined.

Drug abuse – learning difficulties as child.

LOCKETT

(27)

 

 

 

 

 

 

 

 

 

Co-offender:

BROWN

[2013] NSWSC 1555

Price J

VG

18y

NPP 13y

 Drugs and weapons – breached conditional liberty – no violence

Shooting

Intent GBH

SNPP 20 years

Part of group of males who assaulted victim outside his home - given gun by B but thought it was a pole - struck victim on head with gun and it discharged killing victim – cowardly attack by group – no intent to kill – spontaneous offence – did not know weapon was a gun and did not know gun loaded – below middle of range – equal culpability to B

Remorse – special circumstances: need for drug counselling – some prospects of rehabilitation. Co-offenders Tuivaga and Barnes sentenced for manslaughter

BROWN

(27)

 

 

 

 

 

 

 

 

 

Co-offender:

LOCKETT

[2013] NSWSC 1557

Price J

 

[2015] NSWCCA 11

VG

19y

NPP 13y 9m

ADReckless wounding in company – murder committed on bail for these offences

Shooting

Joint criminal enterprise

SNPP 20 years

Initiator of confrontation - gave loaded shotgun to L – with four offenders confronted male next door over sale of pistol – encouraged and participated in assault – threatened female - male struck over head with gun by L – L unaware loaded shotgun - gun discharged killing victim – cowardly attack by group – no intent to kill – spontaneous offence – equal culpability to L – below middle of range

No remorse and no finding as to rehabilitation prospects – difficult family background
Co-offenders Tuivaga and Barnes sentenced for manslaughter

SAVIC

(28)

[2013] NSWSC 1637

Johnson J

PG

(10%)

21y 6m

NPP 16y 3m

 Record including assault – breached conditional liberty

Assault

Intent to kill

SNPP 20 years

Fatal assault on male acquaintance in victim's home – intermittent sexual partners – multiple fatal injuries – sustained and ferocious attack – trigger for attack unclear

KEARNES (No.2)

(52)

 

 

 

 

Co-offender:

PATON [2014]

[2013] NSWSC 1652

Button J

VG

30y

NPP 22y 6m

 Dishonesty and violence offences including serious sexual offences

Shooting

Intent to kill

SNPP 20 years

Travelled to neighbouring town with co-offender to shoot male acquaintance in victim's home unit – not established who fired shots – murder instigated by offender – motive for shooting unclear

Suffered violence as a child – drug and alcohol abuse

SMITH

(26)

 

 

 

 

 

 

 

 

Co-offenders:

SMITH [2013]

KENNEDY [2015]

[2013] NSWSC 1723

Barr AJ

PG

(discount at bottom of range)

Murder

 

2 x AR

20y

NPP 14y

 

 

 

 

8y

NPP 6y

(each)

 

Total:

23y

NPP 17y

 Property offences related to drug problem – breached parole

Assault

Joint criminal enterprise

SNPP 20 years

Involved in breaking into home of elderly victim - sustained assault on male occupant by co-offender – acted as lookout - left victim to die - on earlier occasion broke into home with two co-offenders and assaulted male occupant – forced female occupant to ATM to withdraw money – threats made

Aboriginal with difficult childhood – early drug and alcohol abuse

LOVERIDGE

(18)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AB

(17)

[2013] NSWSC 1591

Adams J

 

 

 

 

 

 

 

 

 

 

 

 

 

(AB)

[2014] NSWCCA 339

VG

Murder

 

PG

s.112(3)

 

s.96

 

 

Recruit child to commit crime

 

Influence Witness

 

PG

Murder

 

s.112(2)

 

 

Intimidate

 

Sched:

Use postal service to threaten harm

45y

NPP 30y

 

10y

NPP 7y 6m

 

1y 8m

NPP 1y 3m

 

FT 3y

 

 

 

FT 3y

(all concurrent)

 

45y

NPP 30y

 

7y 6m

NPP 5y 6m

 

FT 2y

(all concurrent)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AD

Minor record – breached bond

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lengthy and violent record – breached probation – violent record in custody

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

AB threatened girlfriend – L threatened witness

 

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

AB – severely deprived childhood including violence – limited education – drug and alcohol abuse – no discount for guilty plea for murder offence

BRILLIANTES

(21)

[2013] NSWSC 1693

Adamson J

PG

(25%)

18y

NPP 13y 6m

 Breached parole for break and enter offences – involved in affray ten days before murderstabbing

SNPP 20 years

Stabbed male stranger during altercation on street at night – attended scene at request of female acquaintance anticipating punch up

Difficult and neglected childhood

BELL

(27)

[2013] NSWSC 1838

Hall J

PG

(10%)

Murder

 

s97(2)

 

 

s33(1)(a)

25y 4m

NPP 19y

 

 

5y

NPP 3y 9m

 

10y

NPP 7y 6m

 

Total:

27y

NPP 21y 6m

 Rob in co, AOABH, drugs

Shooting

Constructive murder

SNPP 20 years

Home invasion with co-offender to obtain money and drugs – armed with firearms – during struggle accidentally shot in face by co-offender – offender discharged his firearm killing male aged 17y – co-offender shot and injured second male - intent to inflict injury for purpose of effecting escape - did not form intent to shoot until very shortly before fatal shot fired

Left school Year 8 – learning difficulties - long standing personal problems including drug use and anti-social personality characteristics - no link established between anti-social personality disorder and any abusive or deprived upbringing

KARIMI

(22)

 

 

 

 

 

 

 

 

 

 

 

Co-offenders:

KHOURY [2013]

MIR [2013]

NATUBA [2012]

TAMAPUA [2012]

MA [2012]

BYQUAR [2012]

RAMOS [2012]

[2013] NSWSC 1761

Johnson J

VG

Murder

 

Conspiracy AR

 

s.112(3)

 

 

2 x AR

 

 

Conspiracy to murder

 

Possess firearm

24y

NPP 17y

 

6y

NPP 4y

 

8y

NPP 6y

 

10y

NPP 7y

 

12y

NPP 9y

 

4y

NPP 3y

 

Total:

37y

NPP 30y

 Limited

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

Karimi significant role in organisation -Afghani

KHOURY

(29)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offenders:

KARIMI [2013]

MIR [2013]

NATUBA [2012]

TAMAPUA [2012]

MA [2012]

BYQUAR [2012]

RAMOS [2012]

[2013] NSWSC 1761

Johnson J

VG

Murder

 

Consp AR

 

 

Possess firearm

 

s.112(3)

 

 

Recruit to commit AR

 

AR

 

 

AR x 2

 

 

Conspiracy to murder

26y

NPP 18y

 

6y

NPP 4y

 

4y

NPP 3y

 

10y

NPP 7y

 

FT 3y

 

 

10y

NPP 7y

 

11y

NPP 7y

 

12y

NPP 9y

 

Total:

40y

NPP 32y

 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

Khoury effective leader of organisation involved in drug dealing – continued to plan criminal activity after murder - Lebanese

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

KAINE

(50)

[2013] NSWSC 1824

RA Hulme J

VG

30y

NPP 22y 6m

 Violence, BES, damage property

Assault / stabbing

Intent to kill

SNPP 20 years

Mistakenly believed male aged 62 was paedophile – offender had suffered abuse as a child and had obsessive dislike for paedophiles – savage, sustained and unprovoked assault of disabled older man in his own home – small TV set smashed into victim's face while lying in bed – numerous stab wounds – blunt force trauma to face and head - mistaken vigilantism - serious example of offence

Some evidence of mental illness to slightly reduce importance of general deterrence - risk of future offending against other inmates

KAYE

(33)

[2013] NSWSC 1812

Price J

PG

(12.5%)

21y

NPP 14y 6m

 AOABH, resist police, steal mvStabbing / assault

SNPP 20 years

Entered home of elderly male stranger living alone - armed self with 2 steak knives - stabbed victim in neck and assaulted him – cause of death was combined effects of blunt force injury and pre-existing medical conditions - injuries inflicted by offender a substantial cause of death - stole various items

Alcohol abuse – difficult upbringing – rehabilitation prospects remain uncertain – long term need for psychiatric and alcohol counselling

LANE

(25)

[2013] NSWSC 1808

Hidden J

PG

(10%)

22y 6m

NPP 17y

 Nil

Shooting

Intent to kill

SNPP 20 years

Female - shot male at close range – had commenced secret lesbian relationship with victim's female partner – planned to kill victim so could pursue relationship without interference

Difficult upbringing – mental health issues – good rehabilitation prospects

Co-offender Burns sentenced for accessory after fact.

ISHERWOOD

(30)

[2013] NSWSC 1868

Latham J

PG

(15%)

17y

NPP 11y

 Drugs, assault – breached conditional liberty

Assault

Constructive murder

SNPP 20 years

Assault and rob on 76y homeless man on train - co-offender found guilty of manslaughter - offender played principal role – victim punched and smashed over head with broken pane of glass – died of head injury - just below middle range

Relative youth - first time in custody

STENBERG

[2013] NSWSC 1858

Schmidt J

PG

(18%)

25y 4m

NPP 19y

 NilShooting

SNPP 20 years

Single gunshot to victim head – victim decapitated -  attempted destruction of evidence, including body, by unsuccessful attempt to set fire to victim premises – animosity between offender and victim who were neighbours over cutting down of tree – brutal, callous act committed out of anger.

Some mental illness

GIERCZYNSKI

(58)

[2013] NSWSC 1870

Adamson J

VG

Murder

 

s.33

28y

NPP 21y 4m

 

3y

NPP 2y 3m

 

Total:

28y 6m

NPP 21y 10m

 Assault on first wife in Poland

Stabbing

Intent to kill

SNPP 20 years

Physically and emotionally abused wife throughout long marriage – domineering and hypocritical husband - stabbed wife to death during argument – multiple stab wounds – stabbed son who came to defend mother – spontaneous offence – above mid-range

Suffering from morbid jealousy

FILIHIA

(22)

[2013] NSWSC 1871

Adamson J

PG

(35% plea and assist)

Murder

 

s.98

14y 3m

NPP 10y 8m

 

 

 

6y 6m

NPP 4y 10m

(concurrent)

 Record – breached conditional liberty

Stabbing

Intent GBH

SNPP 20 years

Fatal stabbing of male receptionist during robbery of brothel – single stab wound – robbery planned by co-offender – stabbed victim in panic

Genuine remorse – needed cash for drug addiction – good prospects of rehabilitation

KENNEDY

(24)

[2013] NSWSC 1940

Bellew J

PG

(12.5%)

Murder

23y 4m

NPP 17y 6m

 violence and alcohol related offences

Assault

Intent GBH

SNPP 20 years

Attacked female partner following argument – relationship marked by violence – injuries consistent with multiple blows by offender's fists

Difficult upbringing – alcohol abuse - bipolar and other mental health conditions

GITTANY (No.5)

(40)

[2014] NSWSC 49

McCallum J

 

[2016] NSWCCA 182

VG

26y

NPP 18y

Conviction ADDrug and assault offences

Assault

Intent to kill

SNPP 20 years

Killed de facto partner in act of rage by throwing her unconscious over balcony of high rise unit – during argument dragged victim back into unit after attempt to leave - intent to kill formed spontaneously but with background of controlling, volatile and abusive relationship – not above mid-range

PATON

(28)

 

 

 

 

Co-offender:

KEARNES [2013]

[2014] NSWSC 71

Button J

VG

19y

NPP 14y 3m

 Record – breached parole

Shooting

Accessory

SNPP 20 years

Male victim shot by co-offender in victim's home – drove with co-offender from nearby town aware of his intention to kill for several hours – present in general vicinity of units when shooting occurred

Background of deprivation and violence leading to early alcohol and drug addiction

PANETTA

(29)

[2014] NSWSC 27

Davies J

 

 

[2016] NSWCCA 85

PG

(on appeal – combined 50%)

17y

NPP 12y 9m

AA

12y

NPP 9y

minor

Assault

Intent GBH

SNPP 20 years

Told by girlfriend that victim was a 'bad man' but police unable to obtain evidence against him – killed victim with a hammer during attempted kidnapping and robbery – disposed of body – spontaneous killing – a little below mid-range

Voluntary confession to murder due to stress – no prospect that murder or body would have been detected – unaware victim was ex-husband of girlfriend - low intelligence and serious personality disorders – vulnerable and gullible

FAZAH

(32)

[2014] NSWSC 231

Hidden J

PG

(25%)

Murder

 

s.33

24y

NPP 18y

 

 

7y

NPP 5y

 

Total:

26y

NPP 20y

 nil

Stabbing

Intent to kill

SNPP 25 years

After assaulting wife in unit chased her down stairs and stabbed her multiple times – returned to unit and fatally stabbed 2y daughter – offender stabbed himself – spontaneous offence

Troubled relationship – history of violence towards wife – suffered wartime conditions, capture and torture in Afghanistan – PTSD – custodial conditions more onerous because of personal history

LUTU

(48)

[2014] NSWSC 413

Campbell J

PG

(25%)

18y 9m

NPP 14y

 assault (on partner)Stabbing

SNPP 20 years

Stabbed female partner repeatedly in presence of their three young children – history of domestic violence

Made redundant and not able to cope with being financially dependent on partner – immediate cooperation with police

MULVIHILL

(45)

[2014] NSWSC 443

Fullerton J

 

[2016] NSWCCA 259

VG

29y

NPP 22y

ADNil relevant

Stabbing

Intent to kill

SNPP 20 years

Stabbed estranged girlfriend in her home unit during sustained and violent struggle – careful planning – entered unit with intent to cause harm – history of obsessive behaviour and violence towards female partners

MATTHEWS

(43 at sentence)

[2014] NSWSC 608

Bellew J

PG

(10%)

 

Sched

Sex offence

21y 6m

NPP 16y 3m

 Mostly dishonesty – some minor violence

Assault

Intent to kill

(1992) Involved in taking female prostitute to bush area - victim sexually assaulted – offender struck victim to head with large rock – killing not planned

Subsequently suffered traumatic brain injury from an assault – genuine remorse

ROSS

(29)

[2014] NSWSC 707

Rothman J

 

[2016] NSWCCA 176

VG

40y

NPP 30y

ADBES - assault

Assault

Intent GBH

SNPP 25 years

Killed 2y daughter of de facto- mistreated child during two months prior to death – forced her into cold shower and hit her head against shower screen – kicked collapsed child forcing her head to hit linen cupboard – injured child left in pram unattended for night and day – unplanned and unpremeditated

Bipolar disorder and high-level personality disorder – heavy smoker of cannabis – difficult childhood – aboriginal but no relevant Fernando considerations – no remorse

ABDALLAH (no.7)

(25)

[2014] NSWSC 829

Campbell J

 

[2016] NSWCCA 34

VG

26y 8m

NPP 20y

ADMinor in NSW – kidnapping in NZ

Shooting

Intent to kill

SNPP 20 years

Shot male victim in residential street in broad daylight – approached victim in street with intent to confront - offender assaulted by male victim and two associates – acted in retaliation and element of provocation – six shots fired in rapid succession - history of animosity and violence between offender and victim – aware victim leader in bikies group and propensity to violence

Element of facilitating administration of justice in narrowing issues at trial

JUBRAEEL

 

 

 

 

 

 

 

 

Co-offender:

SAFAR [2014]

[2014] NSWSC 838

Rothman J

 

[2015] NSWCCA 131

VG

17y

NPP 12y

Conviction ADAR

Shooting

Joint criminal enterprise

SNPP 20 years

Approached home of victim at night with two co-offenders – victim pulled back curtain to investigate and shot dead by co-offender –intended BES with no violence - first aware of gun when gun drawn by shooter shortly before shooting - lowest end of range of seriousness – shooting based on reckless indifference to life

Traumatic childhood upbringing in Iraq – personal drug use – testing revealed to be in 'intellectual disabled' range

EVANS

(41)

 

RAWLINSON

(42)

 

 

 

Co-offender:

PROUD [2017]

SPICER [2015]

[2014] NSWSC 979

Harrison J

PG

(25%)

 

VG

24y

NPP 18y

 

36y

NPP 27y

 

Nil

 

 

Nil

Arson

Joint criminal enterprise

SNPP 20 years

R was principal and driving force behind plot to kill victim – R in relationship with victim – R also in secret relationship with E and manipulated E to believe they could not be together unless victim was killed – E and co-offender S set victim's home alight causing death

R: above mid-range objective seriousness – calculated planned offence – not present at fire

E: female - Aboriginal – depression – purchase of items to start fire – planned

HILL

(33)

[2014] NSWSC 1010

Bellew J

PG

(10%)

27y 6m

NPP 20y 6m

 nil

Assault

Intent GBH

SNPP 25 years

Killed 2y son of de facto – physically abused victim over many months – fractured skull and gastric tear caused by two separate blows – significant force used – would have been aware of pain caused by first blow to stomach – second blow inflicted several hours later – spontaneous and unplanned – slightly above mid-range

Back injuries causing persistent pain - depression

LEWIS

[2014] NSWSC 1127

Rothman J

PG

(15%)

18y

NPP 13y

 Record but n No violence offence for 13 years.Assault

SNPP 20 years

Killed male by punching and stomping on head – victim died few weeks later in hospital from cerebral hemorrhage – offender had intervened in quarrel between victim and offender's friend – severely affected by drugs and alcohol – no recollection of offence.

Aboriginal – adopted – good upbringing – suffered bullying and social exclusion during school – began abusing drugs and taking part in criminal activity

SAFAR

 

 

 

 

 

 

 

Co-offender:
JUBRAEEL [2014]

[2014] NSWSC 376

Rothman J

PG

(12.5%)

15y 9m

NPP 11y

 No history of violence of dishonesty

Shooting

Joint criminal enterprise

SNPP 20 years

Approached home of victim at night with two co-offenders – victim pulled back curtain to investigate and shot dead by co-offender –intended BES with no violence - first aware of gun when alighted car – lowest end of range of seriousness – affected by drugs and fear of co-offender prevented withdrawal

Drug addiction motive for robbery – genuine remorse – good prospects of rehabilitation

SAFI

(37)

[2014] NSWSC 1208

Bellew J

VG

22y 8m

NPP 17y

 Driving and dishonesty offences

Assault

Joint criminal enterprise

Intent GBH

SNPP 20 years

Fatal assault on male acquaintance with brother – victim had made threats, stolen from offender and attempted to break onto offender's house – baseball bat used – victim a stand over man

E McKELLAR

(18)

 

 

 

 

 

 

 

 

 

 

 

B McKELLAR

(28)

[2014] NSWSC 1243

RA Hulme J

VG

Murder

 

Wound with intent

 

Att AR

 

 

 

 

 

 

VG

Murder

 

Wound with intent

 

Att AR

20y

NPP 14y

 

8y

NPP 6y

 

5y

NPP 3y 9m

 

Total:

24y

NPP 18y

 

20y

NPP 14y

 

8y

NPP 6y

 

5y

NPP 3y 9m

 

Total:

24y

NPP 18y

 

Lengthy – breached parole

 

 

 

 

 

 

 

 

 

 

 

Lengthy – breached bail for assault offence

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

E McKellar very low intellectual functioning

B McKellar suffering brain damage from accident

HINES (No 3)

[2014] NSWSC 1273

Hamill J

VG

 

Sched:

2 x AOABH

24y

NPP 16y 6m

 Murder, agg sexual assault, assault

Stabbing

Intent GBH

SNPP 20 years

Single stab wound to chest – argument with male – substantial degree of provocation by victim – abuse and threats – no premeditation.

Deprived background – early exposure to alcohol - previous murder of partner committed in 1994 - significant risk of committing further offences if return to similar patterns of drinking - some prospects of rehabilitation.

BALLANTYNE

(30)

[2014] NSWSC 1381

RA Hulme J

PG

(25%)

19y

NPP 14y 3m

 AOABH Strangulation / choking

SNPP 20 years

Choked and assaulted female partner – difficulties with relationship – argument –took victim to nearby river where killing took place – skull fracture and choking injuries - mid-range objective seriousness

Immaturity – anger management issues – supportive family – reasonable rehabilitation prospects

McARTHUR

(39)

[2014] NSWSC 1401

Harrison J

PG

(10%)

25y 2m

NPP 18y 10m

  

Stabbing

Intent GBH

SNPP 25 years

Stabbed 15y male outside industrial premises – mistook victim for his father – offender made an offer by a 'mate' to 'rough up' and assault person who owed money – would be paid in drugs  – had never seen victim or his father before – stabbed victim to chest – planned offence – armed with weapon - above mid-range.

Drug user

Co-Accused Robertson sentenced for manslaughter

TNV

(17)

 

 

 

 

 

 

Co-offenders:

NGUYEN [2011]

LUONG [2011]

[2014] NSWSC 1510

Fullerton J

PG

(15%)

Murder

 

Murder

13y 7m

NPP 8y 10m

 

 

15y 3m

NPP 9y 11m

 

Total

19y 3m

NPP 13y 11m

  

Stabbing

Joint enterprise

Victims stabbed during attack by four males outside bar during argument – TVN inflicted non-fatal stab wound on one victim during fight - attack response to earlier attack on co-offender by one victim and friends  – delay between incidents and degree of planning – disregard for public safety – under influence of 26y co-offender – above mid-range

Spent three years in Vietnam with father after murder – voluntarily returned – difficult childhood – evidence of rehabilitation

JONES (No.3)

(41)

[2014] NSWSC 1511

Button J

VG

Murder

 

PG

Drug supply

27y

NPP 20y

 

 

FT 18m

 

Total:

27y 9m

NPP 20y 9m

 Lengthy record including violence – breached bonds

Asphyxiation

Intent to kill

SNPP 20 years

Fatal assault on female acquaintance in motel room - asphyxiated victim using cloth tied around neck – also brutally assaulted victim to face – spontaneous murder – attempted to dispose of body in bush land – motive for murder unknown - supplied and used methylamphetamines with victim – found in possession of 81.9g

Long term drug user

FORREST

(50)

[2014] NSWSC 1680

Hidden J

VG

25y

NPP 19y

 Old dishonesty offences

Poison

Intent to kill

SNPP 20 years

Female – carer for 84y male victim – misappropriated funds from sale of victim's house – poisoned victim with morphine tablets and killed him to hide misappropriation – attempted to cover tracks – pre-meditated

Unhappy childhood – gambling problem – very poor health – possible terminal illness – difficult custodial conditions

HALLOUN

(35)

[2014] NSWSC 1705

McCallum J

VG

24y

NPP 17y

 NilAssault

SNPP 20 years

Attack on vulnerable woman in her own home – trying to steal money – working as a concreter for victim and family at her home - no intent to kill

Extra-curial punishment from assault in prison – supportive family – special circumstances

CLARKE

(44)

[2014] NSWSC 1746

RA Hulme J

 

[2016] NSWCCA  88

VG

22y

NPP 16y 6m

ADRecord related to alcohol and cannabis abuse

Assault

Intent GBH

SNPP 20 years

Bashed to death 55y female acquaintance staying in flat overnight after social gathering – circumstances of assault unclear – intoxication – spontaneous offence – no weapon – not sustained attack – below mid-range

Long term alcohol and cannabis abuse

TIRAKI

(21)

[2014] NSWSC 1764

Schmidt J

VG

28y

NPP 20y

  

Shot

Intent kill

SNPP 20 years

Shot victim at close range in chest at night through window – joint criminal enterprise to commit robbery at victim's home – planned offence – gun loaded – firearm discharged deliberately not in panic – above mid-range objective seriousness

Mental health issue – drug abuse

Co-offender Tabbah sentence for manslaughter

BRIGGS

(41)

[2014] NSWSC 1805

Button J

PG

(5%)

18y

NPP 13y

 Breached bond and suspended sentence – extensive record for violence

Assault

Intent GBH

SNPP 20 years

Fatal assault on male acquaintance in home of victim – sustained assault – used chair leg and small baseball bat – intoxicated – assault aggravated by prior ill health resulting in death – reason for assault unclear

Low intelligence

M BARBIERI

(19)

[2014] NSWSC 1808

Hulme J

 

[2016] NSWCCA 295

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

SERUTAWAKE

(31)

[2014] NSWSC 1762

Mathews AJ

VG

21y

NPP 16y

 nil

Stabbing

Intent to kill

SNPP 20 years

Fatal stabbing of wife – 22 stab wounds – snapped  after fight with wife and she prepared to leave with baby – below mid-range

Intoxicated - Fijian

Last updated 9.7.2018 

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