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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 - 2017-2018 

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

DROUDIS (No.16)

(33)

[2017] NSWSC 20

Johnson J

VG

44y

NPP 33y

 

Breached bail

 

Subsequently sentenced for offensive use of postal service

Stabbing and set on fire

Intent kill

SNPP 20 years

Female - at instigation of partner stabbed partner's ex-wife in stairwell of units 18 times – set victim alight without knowing if already dead and creating danger to other residents – carefully planned – desire to secure custody of partner's two children circumventing court order - partner a violent extremist who subsequently died in café siege – highly unusual and influential relationship but no reduction in culpability

Attempt made to deflect police investigation showing lack of remorse – prospects of rehabilitation fair – some credit for cooperation during trial

XIE

(53)

[2017] NSWSC 63

(Fullerton J)

VG

5 x Murder

Life  Assault with hammer-like weapon

SNPP 20 years / 25 years

Killed family of parents (44y and 45y), 2 sons (12y and 9y), and aunt (39y) – brother-in-law of women and uncle to children - blunt force injuries on heads and faces of each victim with hammer-like weapon - attached rope to weapon, most likely to ensure he did not lose control of weapon as he wielded it at heads and faces of victims to maximise degree of force and ensure he killed with speed and efficiency – planning – possible motive of sexual interest in 15y daughter of victim or upset with low status in family - worst case category - spread and severity of injuries - multiple forms of extreme violence - face and head of each of victims deliberately targeted.

Future dangerousness - risk may commit offences of violence in future amplified by sexual violence inflicted on victims' daughter after murders

SLOANE

(66)

[2017] NSWSC 152

(Wilson J)

VG

24y

NPP 18y

 

Manslaughter of mother in law -

other violence offences – breached bond for AVO offences

Stabbing

Intent to kill

SNPP 20 years

Motive and circumstances of killing unclear –walked uninvited into house and left with adult female victim – infer victim left under compulsion – took victim to nearby reserve and inflicted 16 stab wounds – previous friendship with victims as neighbours developed into acrimonious relationship

Suffering bi-polar and other mental health issues – some reduction in culpability – former soldier

ADAMS

(31 at offence – 64 at sentence)

[2017] NSWSC 179

(Button J)

 

[2017] NSWCCA 215

VG

20y

NPP 15y

Conviction ADRape conviction prior to murder – committed in similar circumstances – nil relevant convictions since murder

Asphyxiation

Constructive murder

(1983) gave lift home to female stranger from wine bar – falsely claimed to be police officer – placed fatal pressure on windpipe in attempt to force intercourse – disposed of body

Long standing tendency to strangle women who resisted sexual advances – no subjective material placed on sentence – minimal discount for delay

PROUD

(29)

 

 

 

 

 

 

 

 

 

Co-offenders:

EVANS [2014]

RAWLINSON [2014]

SPICER [2015]

[2017] NSWSC 286

(Harrison J)

PG

(10%)

10y

NPP 6y

 Nil significant

Arson

Accessory before the fact

Female introduced partner to friend aware really serious harm could be caused to victim – did not encourage offence – victim murdered in fatal house fire caused by co-offenders – minor and largely passive involvement – low to moderate end of scale

Difficult and abusive personal life – mental illness – mother to three children – relationship with partner abusive – prior good character – genuine remorse – prospects of rehabilitation where no drug use

Originally convicted and sentenced for murder – conviction quashed on appeal – offence changed from joint criminal enterprise to accessory before – reference to difference in criminal culpability at [31]-[32]

FANG (No.4)

(35)

[2017] NSWSC 323

Johnson J

VG

19y

NPP 14y

 Alcohol related offences

Stabbing

Intent to kill

SNPP 20 years

Stabbed male friend twenty times while under ice induced psychosis – victim also consumed ice – believed victim had threatened to kill family – not satisfied threat actually made so no provocation – wrapped body in quilt and abandoned in victim's car 12kms away near cemetery

Confessed to pastor of church and police prior to body being found - visited sick parents in China but returned for arrest when requested – conduct taken into account on sentence - ice addiction resulted from difficult family circumstances and tragedies – remorse – ice addition does not mitigate offence but assists subjective case

G STOCCO

(56)

 

 

 

 

 

 

 

 

 

 

 

 

M STOCCO

(34)

[2017] NSWSC 304

Davies J

 

[2018] NSWCCA 77

PG

(25%)

Murder

 

Arson

 

2 x s.33A(2)(a)

 

Sched

5 related offences

 

 

 

PG

(25%)

Murder

 

Arson

 

2 x s.33A(2)(a)

 

Sched

5 related offences

Indicative

26y

NPP 19y 6m

 

5y 3m

 

9y

NPP 6y 9m

(each)

 

Agg

40y

NPP 28y

 

Indicative

26y

NPP 19y 6m

 

5y 3m

 

9y

NPP 6y 9m

(each)

 

Agg

40y

NPP 30y

AD

Property offences

 

 

 

 

 

 

 

 

 

 

 

 

Stealing and robbery offences

Shooting

Intent to kill

SNPP 20 years

Father and son – entered rural property at night where had previously worked as caretakers – angry at treatment by previous owner – slashed tyres – stole diesel and set fire to outbuildings – substantial damage and financial loss - did not intend to hurt people – upper mid-range

One year later living with victim on remote property tending cannabis plantation – at urgings of son father shot victim – no real planning or pre-meditation – in company – use of weapon – at home of victim – disposed of body and burned possessions to cover tracks – high mid-range

Picked up driving stolen vehicle – police pursuit over rural roads – shot at three police cars with high powered automatic rifle – not aiming at police officers – upper mid-range

Leading itinerant lifestyle after breakdown in marriage between father and wife – developing anti-authoritarian attitudes – no mental illness

BILES (No.2)

(24)

[2017] NSWSC 525

Fagan J

VG

24y

NPP 18y

 Lengthy – personal violence offences against victim – breached bond

Assault

Intent GBH

SNPP 20 years

Punched and kicked 18y female partner to death – assault of sustained, persistent savagery – history of personal violence against victim

Aboriginal – difficult and disadvantaged childhood – poor prospects of rehabilitation

CRICKITT (No.2)

(56 at offence – 63 at sentence)

[2017] NSWSC 542

Hoeben CJ at CL

VG

27y

NPP 20y 3m

 Nil

Injected insulin

Intent to kill

SNPP 20 years

Doctor deliberately injected lethal overdose of insulin to wife by subterfuge – motivated by increasing dislike for wife and desire to pursue relationship with lover – premeditated and planned offence up to 48 hrs prior to offending – serious breach of trust – well above mid-range

Depressive illness did not affect culpability but impacts custodial conditions – poor physical health – some co-operation at trial

KADDOUR

(19 at offence – 23 at sentence)

[2017] NSWSC 586

Mathews AJ

VG

20y

NPP 15y

 Minor

Assault

Intent GBH

SNPP 20 years

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

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

HAYDAR (No.4)

(61)

[2017] NSWSC 615

Garling J

VG

Murder

 

s.33(1)(a)

22y

NPP 16 6m

 

FT 4y

 

Total:

23y 6m

NPP 18y

 Nil

Stabbing

Intent to kill

SNPP 20 years

Stabbed wife in frenzied, sustained and brutal attack – stabbed daughter who tried to intervene – marriage deteriorating although no previous violence – returned from trip to Lebanon and confronted wife in kitchen jealous at perceived infidelity and upset at break down of marriage – stabbed repeatedly in kitchen, lounge and dining room – mild-moderate depressive disorder reduced culpability – use of weapon and offence in home of victim – not planned – below mid-range

Remorse – mental illness – good prospects of rehabilitation – assistance in conduct of trial – good character

THOMPSON

(52)

[2017] NSWSC 628

Hamill J

VG

Murder

 

Breach AVO

 

Stalking

 

Breach AVO

 

Breach AVO

 

Stalking

23y

NPP 17y 3m

 

FT 4m

 

FT 3m

 

FT 2m

 

FT 12m

 

FT 12m

 

Total:

23y 4m

NPP 17y 7m

 Nil – breached AVO

Stabbing

Intent to kill

SNPP 20 years

Stabbed boyfriend of estranged wife in victim's home – sustained and powerful attack – stalked wife prior to killing – some planning – intent to kill at final moment – genuine attempt to take life – severe depressive illness reduced culpability – somewhat (although not substantially) impaired capacity to control self - mid-range

Good prospects of rehabilitation – some assistance in conduct of trial

MORRIS

(57)

[2017] NSWSC 637VG

17y

NPP 12y

 Nil

Assault

Intent GBH

SNPP 20 years

Single blow to throat of 36y male with hammer in course of struggle – victim supplied cannabis to offender - upset that victim had been secretly taking share of drugs - no premeditation – low range offending

Schizophrenia / mental illness operative cause of offence - remorse – low risk re-offending – special circumstances

SINCLAIR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

EVANS [2017]

[2017] NSWSC 686

RA Hulme JA

PG

(15% plea and assist)

Murder

 

 

s.112(3)

 

 

PG

(35% assist and plea)

s.112(3)

 

 

3 x s.86(2)

Indicative:

30y

NPP 22y 6m

 

 

 

13y 6m

NPP 10y

 

12y

NPP 9y

 

 

 

 

8y 6m – 9y

 

Agg

38y

NPP 28y 6m

 Minor

Assault

Accessory

SNPP 20 years

Broke into home of co-offender's former employer at night planning to steal from occupants – forced male occupant to show them safe – co-offender bashed male occupant to death with pick handle – also assaulted female occupant causing serious injuries – offender did not intend death but aware co-offender violent and armed with weapon

One month earlier broke into family home of offender's ex-girlfriend with co-offender and third offender at night – sleeping male occupant severely assaulted around head by co-offender with pick handle causing serious and probably long term injuries – all four occupants of house threatened and tied up with duct tape and rope

All offences well above mid-range in seriousness

Young offender with long term drug addiction – genuine remorse – some good prospects of rehabilitation

RHODES

(35)

[2017] NSWSC 964

Campbell J

PG

(25%)

Murder

 

Murder

 

 

Assault

 

Assault police

 

Sched:

Property damage

Resist arrest

Indicative

24y

NPP 18y

 

30y

NPP 22y 6m

 

14m

 

2y

 

Total:

40y

NPP 30y

 Violence against mother

Assault and stabbing

Intent to kill

SNPP 20 years / SNPP 25 years

Returned home after drinking and using drugs during day – ice-induced psychosis – chased mother out of house stabbing her multiple times then crushing skull with concrete statue – returned to house and stabbed young male relative in chest with knife – threw him against wall and chased him outside smashing his head with sandstone paver – sustained and persistent although spontaneous assaults – approached and threatened female stranger in her car – threatened male police officer with fibro-cement meter cover – offences conducted in presence of other young children – home of victims – abuse of trust – well above midrange offences

Aboriginal with abusive father – long history of drug addictions – suffering ADHD and dyslexia resulting in easy recourse to violence when angry – some remorse

LOCK

(27)

[2017] NSWSC 715

Latham J

VG

35y

NPP 27y

 MinorAssault

SNPP 25 years

Bashed 2y child of de facto partner - blunt force trauma caused massive internal bleeding leading to death – history of assaults on victim - more than moderately above mid-range

PO

(16 at offence, 19 at sentence)

[2017] NSWSC 757

Fullerton J

VG

15y

NPP 9y

 Having knife in public place, assault w/ intent rob in company

Stabbing

Intent GBH

Fight with male on street at night – stabbed victim in abdomen – engaged victim in physical fight by punching him first or physically challenging him to fight

Youth – mental health – rehabilitation - remorse – special circumstances

F. QUAMI

(34)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

M.QUAMI

NK

[2017] NSWSC 774

Hamill J

VG

Murder

 

2 x s.33(1)(b)

(GBH/GBH)

 

Consp to murder

 

2 x Solicit

murder

 

Attempt murder

 

s.93G(1B) – fire at dwelling

 

3 x unauth poss firearm

 

Unauth poss firearm

 

Supply lge comm qty drugs

 

s.93T(4A) direct criminal group

 

VG

(at trial – 10% for offer)

Manslaughter

Indicative

45y NPP 33y 9m

 

10y NPP 7y 6m

(each)

 

12y NPP 9y

 

 

12y NPP 9y

(each)

 

12y NPP 9y

 

6y NPP 4y 6m

 

 

4y NPP 3y

(each)

 

6y NPP 4y 6m

 

 

6y NPP 4y 6m

 

 

8y

 

 

 

 

14y

 

Agg

60y

NPP 43y

 Lengthy record

Shooting

Joint criminal enterprise / intent to kill

SNPP 20 years

Leader of criminal gang - murder committed for contract payment of substantial amount of money – gave orders and supplied weapons

Directed 4 shooting incidents over one month – premeditated and planned incidents in

context of violent gangland war – co-offenders included brothers

Manslaughter act of excessive self-defence after hearing about contract put out on life by rival gang – shooters opened fire on garage of suburban house – one occupant killed and second seriously injured – victim mistaken identity based on poor description by offender

Five days later shooting of rival gang member at his home – seven shots fired – motivated by concern for safety in view of earlier shooting

Next day shooting of second male from rival gang at his home – teenage girl suffered serious and permanent injuries

Ordered drive by shooting at home of mother of intended victim – on arrival shooter hesitated due to presence of women and children and shot at group of gang members nearby injuring one

Found in possession of 1,894.4g relatively new psychoactive substance

Refugee from Afghanistan – suffered extreme and traumatic violence as a child – continued to suffer trauma in India and later in Australia under father and as witness to school killing – early drug abuse – PTSD, substance abuse disorder and anti-social personality disorder – some reduction in moral culpability but also dangerousness – harsh custodial conditions

No life sentence because of subjective features

M. QUAMI

(32)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

F.QUAMI

NK

[2017] NSWSC 774

Hamill J

VG

Murder

 

2 x s.33(1)(b)

 

 

Consp murder

 

Solicit murder

 

Solict murder

 

Attempt murder

 

3 x shoot with intent to murder

 

s.93G(1B) – fire at dwelling

 

2 x unauth poss firearm

 

Supply lge comm qty drugs

 

s.93T(4A) direct criminal group

 

VG

Manslaughter

 

 

 

 

 

PG

Contempt

Indicative

38y NPP 26y

 

8y NPP 6y

(each)

 

10y NPP 7y 6m

 

12y NPP 9y

 

10y NPP 7y 6m

 

10y NPP 7y 6m

 

12y NPP 9y

(each)

 

6y NPP 4y 6m

 

 

4y NPP 3y

(each)

 

4y NPP 3y

 

 

3y

 

 

 

12y

 

Agg

50y

NPP 36y

 

10m

(accumulated)

 Early record – seven year gap prior to these offences

Shooting

Joint criminal enterprise / intent to kill

SNPP 20 years

Member of criminal gang – brother to leader - murder committed for contract payment of substantial amount of money – involved in arranging shooters and weapons

Involved in arranging 5 shooting incidents over one month – premeditated and planned incidents in the context of violent gangland war

Manslaughter act of excessive self-defence after hearing about contract put out on life of brother by rival gang – shooters opened fire on garage of suburban house – one occupant killed and second seriously injured – victim mistaken identity based on poor description by brother

Five days later shooting of rival gang member at his home – seven shots fired – motivated by concern for safety in view of earlier shooting

Next day shooting of second male from rival gang at his home – teenage girl suffered serious and permanent injuries

Arranged shooting of rival gang member without knowledge of brother – two males shot and injured waiting in car outside cafe

Involved in arranging drive by shooting at home of mother of intended victim – on arrival shooter hesitated due to presence of women and children and shot at group of gang members nearby injuring one

Found in possession of 1,894.4g relatively new psychoactive substance

Contempt – violent attack on co-accused in court

Refugee from Afghanistan – suffered extreme and traumatic violence as a child – suffering anxiety disorder and depressive illness – reasonable prospects of rehabilitation – harsh custodial conditions

BROOKS

(19)

[2017] NSWSC 824

Hamill J

VG

Murder

 

s.33

20y

NPP 14y 6m

 

7y 6m

NPP 5y

 

Total:

22y

NPP 14y 6m

 Nil

Stabbing

Intent GBH

SNPP 20 years

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

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

PARK

(28)

[2017] NSWSC 873

Latham J

PG

(10%)

36y

NPP 27y

 Nil

Assault

Intent to kill

SNPP 20 years

South Korean assaulted housemate with sledgehammer – sustained and vicious assault throughout house – pre-meditated to gain access to victim's car and money – wrapped body in plastic and placed in suitcase in rubbish bin – took steps to cover offence – above mid-range

Difficult childhood – remorse – moderate prospects of rehabilitation

RAJAB

(22)

[2017] NSWSC 975

Fullerton J

PG

(15%)

21y

NPP 15y 6m

 Driving offences

Shooting

Intent to kill

SNPP 20 years

Aware victim standover man and feared for safety of family and self after intervening on behalf of friend in relation to drug debt – arranged meeting between victim and friends in park – 'warning shot' from car striking victim in leg – approached victim on ground and shot in neck after victim made further threats – not premeditated – meeting in park not arranged with purpose of killing – culpability reduced by low intelligence and dissociative state – element of provocation – aggravating factors were use of firearm and shots fired in public place

Out of character – remorse

Friends who met victim in park sentenced for accessory after the fact and conceal serious offence

ZANKER

 

 

 

 

 

 

 

 

 

 

Co-offenders:

FORWARD [2016]

CAMERON [2016]

[2017] NSWSC 1254

Fagan J

VG

12y

NPP 6y 8m

 Comparatively minor

Stabbing

Accessory before the fact

Worker on cannabis cultivation – with co-offenders became concerned about violent and unpredictable co-worker – knowingly travelled north to assist in digging grave in bush – not present at time of killing but assisted in clean up and burial of body

Born with spina bifida resulting in serious physical disabilities – difficult and chaotic childhood – mental health issues – long-term cannabis use – good prospects of rehabilitation – extremely difficult custodial conditions due to vulnerability

Sentenced on earlier occasion for involvement in cannabis plantation – 3y 9m NPP 2y 6m

SIALE

(24)

[2017] NSWSC 1298VG

24y

NPP 17y

 aggravated robbery and intentional damage to property, affray

Glass

Intent GBH

SNPP 20 years

Severely intoxicated – approached and began argument with 45y male neighbour – broke bottle and attacked victim twice with glass – victim died from extensive blood loss due to severing of carotid and jugular arteries in neck – unprovoked attack - mid-range objective seriousness

Good prospects rehabilitation – remorse.

WESTERN

 

 

 

 

 

 

Co-offender:

ROLFE [2017]

[2017] NSWSC 1385

Rothman J

VG

34y

NPP 25y 6m

 Significant

Shooting

Intent GBH

SNPP 20 years

Sergeant at arms of Bikie Club – with two others attended workshop of victim with intent to cause GBH – dispute over bike belonging to victim and seized by Club – shot victim twice in stomach and groin – not contract killing but assertion of authority – well above mid-range

Disturbed and abusive childhood – significant psychological issues

LN

(40)

 

AW

(45)

[2017] NSWSC 1387

(Johnson J)

VG

 

 

VG

44y

NPP 33y

 

40y

NPP 30y

 

Nil

 

 

limited

Assault

SNPP 25 years

LN mother of 3y male victim - AW stepfather and LN's partner - LN killed child – AW guilty by extended joint criminal enterprise – Victim assaulted over 51-day period before murder – extensive emotional and physical abuse – fatal injuries committed by LN attacking victim - substantial acceleration/deceleration forces - pattern of assaults taken into consideration in assessing objective seriousness

LH: objective seriousness very significantly above mid-range – mental illness - troubled background - drug and alcohol abuse – no insight into offence – no remorse or contrition

AW: objective seriousness significantly above the mid-range - no remorse or contrition

VILLALUNA

(45)

[2017] NSWSC 1390

Beech-Jones J

PG

(15%)

Murder

 

Wound with intent GBH

34y

NPP 24y

 

 

12y

NPP 9y

 

Total:

40y

NPP 30y

 NilStabbing

NPP 20 years

Stalked, abused and tormented female ex-partner – had been very possessive and jealous in relationship – followed ex-partner to dinner date with male victim – stabbed victim 11 times - wounded ex-partner – murder planned – victim complete stranger - had planned for some time to kill any man in presence of ex-partner

No remorse - significant prospects of reoffending in unlikely event forms another relationship

Comparative cases

ROLFE

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

WESTERN [2017]

[2017] NSWSC 1393

Rothman J

PG

(slightly above 50% plea and assist)

Murder

 

Possess firearm

 

Sched:

Possess ammo

13y

NPP 8y 6m

 

 

 

 

7y 4m

NPP 5y 6m

 

Total:

13y

NPP 5y 8m

 Includes inflicting grievous boldly harm

Shooting

Intent GBH – Joint criminal enterprise

NPP 20 years

New member recruited by Sergeant at arms of Bikie Club to 'touch up' victim – arranged cars to travel to victim's workshop - attended workshop with intent to cause GBH – dispute over bike belonging to victim and seized by Club – co-offender shot victim twice in stomach and groin – not contract killing but assertion of authority – offender carried gun but did not intend to use it – less culpable than shooter – offence well above mid-range

Believed would be subjected to discipline if did not accompany co-offender – significant assistance resulting in protective custody and witness protection - remorse

EVANS

[2017] NSWSC 1440

R A Hulme J

PG

(25% plea and assist)

 

Sched:

2 offences

24y

NPP 18y

 Assault - recklessly cause GBH – stalking / intimidate - BES

Assault

Accessory

NPP 20 years

With female co-offender targeted home under mistaken belief drug dealer was living there –objective of threatening any occupants and using violence if necessary to steal – offender tied up 65y male with tape – forceful and sustained assault causing death – not known who inflicted fatal violence – assault possibly with impromptu use of items found in vicinity as weapons - victim left bound and gagged but died some short period of time after - joint criminal enterprise to detain victim with intention of stealing property in company and actual bodily harm being inflicted - premeditated invasion - mid-range

Background of significant abuse - assistance

EVANS (No.3)

(25)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

SINCLAIR

[2017] NSWSC 1523

R A Hulme J

VG

Murder

 

 

s.112(3)

 

 

s.112(3)

 

 

2 x s.86(2)(a)

 

 

s.86(3)

Indicative

42y

NPP 31y 6m

 

18y

NPP 13y 6m

 

20y

NPP 15y

 

13y

(each)

 

14y

 

Total:

48y

NPP 36y

 Assault, AOABH, damage property

Assault

intent to kill

NPP 20 years

Offences committed during series of home invasions with co-offenders in rural area – male murder victim attacked by offender while bound and defenceless – pick axe used to inflict severe blunt head injury – female occupant also assaulted causing serious injuries – murder well above mid-range

One month earlier broke into home with co-offender and third offender at night – sleeping male occupant severely assaulted around head with pick handle causing serious and probably long term injuries – all four occupants of house threatened and tied up with duct tape and rope

Offences committed to obtain money for drug (ice) addiction - ADHD – drug use from young age.

TERKMANI

(21)

[2017] NSWSC 1567

McCallum J

VG

Murder

 

 

s.61J

Indicative

40y

NPP 30y

 

20y

NPP 15y

 

Agg

45y

NPP 33y

 Numerous offences involving unprovoked violence – breached strict bail conditions for serious drug offences

Assault

Intent to kill

NPP 25 years

Bashed to death 16y male friend in abandoned house – sustained, brutal and horrific attack using variety of household items as weapons – strangled victim – repeatedly thrust handle of squeegee into anus as far as stomach wall – offences appear spontaneous – motive impossible to discern

Offences extreme enough to warrant maximum penalty but declined to impose life sentence due to youth

RUTTLEY

(45)

[2017] NSWSC 1582

Payne J

VG

24y

NPP 18y

 Includes personal violence offences – aggravating factor

Unknown

Intent GBH

NPP 20 years

Killed girlfriend in her own home during argument after day of drinking – disposed of body in location unknown – details of murder unknown – destroyed by fire car used to transport body – spontaneous offence - mid-range

Aboriginal with difficult childhood – some co-operation in conduct of trial

KOLOAMATANGI

(35 at offence)

 

 

 

POPOVIC

[2017] NSWSC 1631

N.Adams J

VG

 

 

 

 

VG

Life

 

 

 

 

34y

NPP 26y

 

Lengthy – includes violence – breached parole

 

Lengthy record including firearms offence – breached parole for manslaughter shooting

Shooting

Intent to kill

NPP 20 years

P directed and paid for killing of 28y male victim – dispute over money – K waited for victim to leave nightclub – shot twice outside club – pursued inside club and shot once in head – cold blooded contract killing – brazenly committed in public with no regard for safety of others

K – Tongan – violent childhood – incarcerated most of adult life – low intelligence – substance abuse

P - dysfunctional childhood

MARTINEZ

(21)

 

 

 

 

 

 

 

 

TORTELL

(18)

[2017] NSWSC 1659

Mathews AJ

VG

Murder

 

 

Reckless wound

 

 

 

 

 

VG

Murder

21y 9m

NPP 15y 9m

 

 

1y

 

Total:

22y

NPP 16y

 

22y

NPP 16y

 

Nil

 

 

 

 

 

 

 

 

 

Nil

Stabbing

Intent to kill

NPP 20 years

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

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

M: PTSD due to previous drive-by shootings and threats by victim against M significant mitigating factor - below mid-line of objective seriousness - slightly below T

Youth – difficult backgrounds.

DE BEYER

(50)

[2017] NSWSC 1700

Hidden AJ

VG

25y

NPP 19y

 Sporadic – several breaches of AVO and stalking offences – murder breached AVO

Stabbing

Intent GBH

NPP 20 years

Single stab wound to abdomen of wife during argument – circumstances of stabbing unknown – attempted to cover up act

Troubled although lengthy relationship with alcohol and drug abuse – domestic violence – troubled and violent childhood

BARRETT

(27)

[2017] NSWSC 1802

Wilson J

PG

(no discount)

Murder

 

Kidnapping s.86

 

3 x Act indecency s.61N

 

Sched:

21 offences (s.91L, s.91M)

40y 6m

 

 

 

9y

 

13m

(each)

 

Total:

46y

NPP 34y 6m

 NilStabbing

NPP 20 years

Stabbed 25y female – offender in relationship with victim's aunt – lived in same home with victim – perverted sexual obsession – secretly filmed victim in shower and masturbated while victim slept – tied victim with tape, filmed her naked, stabbed multiple times and threw body off cliff into ocean - extreme brutality – sexually motivated - sadistic act - position of trust - relatively spontaneous.

Age - willingness to undergo rehabilitative programmes - acknowledged responsibility - former productive life and good character

MARTIN

(25)

[2018] NSWSC 84

Hamill J

VG

Murder

 

 

s.27

 

 

s.33

Indicative

32y

NPP 24y

 

15y

NPP 11y 3m

 

8y

NPP 6y

 

Agg

37y

NPP 27y 9m

 No significant recordStabbing

NPP 20 years

Killed father for insurance money / policy - took out three insurance policies over father's life unknown to father or family - initial attempt to kill unsuccessful – s.27 and s.33 offences committed in home of father and victim M – left two victims with life-threatening injuries – acted with at least one, and possibly two, other people in carrying out attack.

Murder committed shortly after father released from hospital – used with samurai sword.

Offences substantially above mid-range – grave offences of violence – planned and premeditated attack

Childhood neglect and abuse at hands of father - depressive illness

PETRYK

(23)

[2018] NSWSC 119

Wilson J

VG

Murder

 

s.97(2)

Indicative:

26y

 

8y

 

Agg

26y

NPP 19y 6m

 Lengthy record – breached conditional liberty

Shooting

Constructive murder

NPP 20 years

Broke into home with two co-offenders and shot male occupant during confrontation – threatened second, elderly occupant - intended to steal money and drugs targeting drug dealer  - borrowed gun from friend prior to robbery – spontaneous shooting – robbery pre-meditated – mid-range seriousness

JK

(31)

[2018] NSWSC 250

Hamill J

PG

Murder

 

Sched:

Inflict GBH

37y 6m

NPP 28y

 MinorAssault

NPP 25 years

Killing of 12y step-daughter following sustained beatings over several days – horrific injuries through blunt force trauma – history of regular and increasingly violent assaults - tied to garage beam by hands and hit with electric cord, slapping, punching; tied to bed and whipped – torture – gratuitous cruelty – use of weapon- absence of intention to kill but such absence does not take the case outside of putative "worst case"

Insight and remorse demonstrated - longstanding depression.

LY

(35)

[2018] NSWSC 197

Mathews AJ

PG

(20%)

18y

NPP 13y

 drug offence in QueenslandAssault

NPP 20 years

Fatal assault on female partner who was seeking to end relationship – banged head on to concrete and attempted strangulation – offence on public street at night – found attempting to dispose of body in river – spontaneous offence – mid-point objective seriousness – culpability reduced by mental illness

Suffering PTSD and depression after incarceration in Queensland – subsequent effect on new term of imprisonment - drug user – significant remorse

FESUS

(27 at offence – 48 at sentence)

[2018] NSWSC 176

Johnson J

VG

22y

NPP 16y 6m

 nil record – before or after murder

Strangulation

Intent to kill

(1997) killed 18y wife during argument over victim leaving – strangled victim and buried body near beach – two young children present in house – maintained wife had left him – made anonymous phone calls as to whereabouts of body when required to prove wife dead for social security

Suffering cancer in remission

CARBONE

(26)

[2018] NSWSC 331

Mathews AJ

VG

28y

NPP 21y

 Minor

Shooting / stabbing

Joint criminal enterprise

intent to kill

NPP 20 years

Joint criminal enterprise with co-offender – male killed over debt money owed to victim's sister – shot three times in back and stabbed - premeditated killing in company – above mid-level of objective seriousness

Depression and anxiety – drug abuse - relative youth - reasonably good prospects of rehabilitation

BOYD

(53)

[2018] NSWSC 380

Lonergan J

PG

(10%)

Murder

 

s 33(1)(a)

 

 

s 51B(1)

30y 6m

NPP 22y 6m

 

 

6y 3m

NPP 5y 3m

 

18m

 

Total:

33y

NPP 25y 6m

 Assault – breached bond

Stabbing

Intent to kill

NPP 20 years

Attacked long-term spouse after period of separation and arguments due to offender's issues with alcohol – assaulted son who arrived trying to assist victim – number of stab wounds to face and both sides of neck - multiple bruises and stab wounds in chest, back and shoulders - some stab wounds very deep (10-12cm) - savagery and brutality of violence - evident use of multiple weapons - alcohol induced and fuelled anger - well above mid-range

Alcohol and anger issues – some little prospect rehabilitation

BAILEY

(29)

[2018] NSWSC 411

Garling J

PG

(25%)

21y

NPP 15y 9m

 AOABH

Stabbing

Intent to kill

NPP 20 years

Stabbed male during evening of socialising with victim and other guests – erratic and violent behaviour towards guests – stabbed victim with hunting knife approximately six times – offender had brought knife with him - progressive violence - deep penetration of knife - vicious sustained and senseless attack - mid-range - spontaneous and unplanned – self-induced intoxication

Mental disorders – remorse

CLIFF (No.6)

(29)

[2018] NSWSC 587

Campbell J

VG

Murder

 

 

PG

Agg BES

 

Stealing

30y

NPP 22y

 

 

 

3y

 

1y

 

Total:

32y

NPP 24y

 Not serious -property, driving, assaultStabbing

NPP 25 years

Killed 16y brother of ex-partner during argument – offender upset by victim's remarks concerning breakup and property settlement with victim's sister – intoxicated by ice/ methamphetamine – did not know killed victim until informed by police some hours later - unlikely intent to kill – large number of injuries by knife and blunt force trauma including blow to top of victim's head – one fatal deep stab wound to area around heart - mid-range

Ongoing drug abuse – depressive symptoms

HOMANN

(36-37)

[2018] NSWSC 757

McCallum J

VG

30y

NPP 22y 6m

 priors including violence

Stabbing

Intent to kill

NPP 20 years

Stabbed pregnant partner in own home – 49 stab wounds – extreme frenzy of violence – suffering ice-induced psychosis at time of offence – offence committed in domestic context

MOTTRAM

(19)

[2018] NSWSC 873

Hidden AJ

PG

(25%)

18y

NPP 13y 6m

 nil

stabbing

Intent to kill

NPP 20 years

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

Remorse

MEDICH (No. 43)

(70)

[2018] NSWSC 886

Bellew J

VG

Murder

 

Intimidation

36y

NPP 27y

 

4y 6m

 

Total:

39y

NPP 30y

 NilShot

NPP 20 years

Directed contract killing of former business associate – victim shot by hired contract killers outside home in front of young son – offender later arranged intimidation of victim's wife with threats she would be harmed if she did not repay debts – history of disputes between offender and victim – paid for killing and intimidation – offences arose out of one joint criminal enterprise - at upper end of range of objective seriousness

BORG

(23)

 

 

 

 

 

 

Co-offender:

GATT

[2018] NSWSC 746

Schmidt J

PG

(40% combined)

16y 2m

NPP 12y 2m

 minor drug – breached bail

shooting

accessory

NPP 20 years

One of two men who approached 18y victim in parked car – co-offender shot victim seven times – offender armed but did not shoot – joint criminal enterprise to cause really serious injury – evidence did not establish motive - above mid-range

Out of character – difficult childhood resulting in mental health issues and drug abuse – remorse - assistance

GATT (No.11)

(23)

 

 

 

 

 

Co-offender:

BORG

[2018] NSWSC 991

Schmidt J

VG

28y

NPP 21y

 breached conditional liberty – violence and drug offences

shooting

accessory

NPP 20 years

One of two men who approached 18y victim in parked car – victim shot seven times – evidence of co-offender not reliable enough to establish who fired fatal shots – both offenders involved in drug dealing business - joint criminal enterprise – above mid-range – greater culpability than co-offender

Totality to existing sentences

GOODBUN

(60)

[2018] NSWSC 1025

Wilson J

PG

(25%)

Murder

 

Contravene DVO

 

Use unreg firearm

 

AOABH

40y 6m

 

 

 

1y 6m

 

 

1y 6m

 

 

1y 6m

 

Total:

41y 6m

NPP 31y 1m

 breached AVO and bail – past history including assaulting police and firearms offence

shooting

intent to kill

NPP 20 years

Shot estranged wife – dispute over property settlement – resolved to kill wife so obtained gun and ammunition and petrol – travelled 250km to family home in early hours of morning intending to kill wife and anyone who got in his way – argued with wife then shot her four times in front of adult daughter – threatened to shoot daughter and assaulted her – premeditated execution – cruelty of inflicting four shots – breach of trust in entering house with key and assuring daughter he would not shoot victim again before firing second shot – use of gun – towards very top of range of seriousness

Mental health issues unrelated to culpability to prison conditions – some history of domestic trouble

 Last updated 9.7.2018

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