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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 - Drug-Related Killings

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)

DATEPLEASENTENCEAPPEALRECORDHOW KILLEDINVOLVEMENT & SUMMARY

DAVIS

(18y 3d)

 

WIGGINS

(24)

NSWSC

Campbell J

28.10.1993

PG

 

 

PG

MT 13y

AT 7y

 

MT 15y

AT 6y

 

mainly dishonesty

 

mainly dishonesty

shooting

intent kill

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

MURRAY

(40)

NSWCCA

1.6.1995

VG

MT 16y

AT 5y

Conviction ADdishonesty offencesshootingShot partner in drug venture
ION

(1996) 89 A Crim R 81

NSWCCA

6.9.1996

VG

2 x murder

MT 13y 6m

AT 4y 6m

Conviction AD shootingShooting during drug transaction.

HEARNE

(19)

[1999] NSWSC 605

Wood CJ at CL

 

(2001) 124 A Crim R 451

[2001] NSWCCA 37

PG

Murder

 

 

Mal wound W/I to do GBH

MT 20y

AT 7y

 

 

FT 6y

(concurrent)

AA

18y

NPP 13y

 

FT 6y

 

Total:

21y

NPP 16y

insignificant

stabbing

intent GBH

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

Remorse - surrendered self to police - youth.

HOOKER

(17)

[1999] NSWSC 896

Barr J

PG

Murder

 

Rob with violence

 

Rob with violence

MT 7y

AT 6y

 

FT 3y

 

 

MT 3y

AT 2y

 

Total:

MT 10y

AT 6y

 drug related offencesstabbing

Went to flat to purchase heroin with six friends – victim stabbed in chest three times with knife found at flat.

Prospects of rehabilitation.

LO

(29)

(2000) 115 A Crim R 53

[2000] NSWSC 714

Barr J

 

[2003] NSWCCA 313

PG

Murder

 

Conspiracy to murder

32y

NPP 23y

 

FT 18y

 

Total:

36y

NPP 27y

ADnil

shooting

intent kill

Contract killing of tow-truck driver to pay drug debt - assisted in attempted murder by luring victim to shooter's residence - deeply in debt over drug transactions - both offences fall into worst case category. Assistance to authorities only basis for reducing life sentence – combined 28% discount

NAISMITH

(31)

[2000] NSWSC 1024

Dunford J

VG

2 x murder

33y

NPP 25y

(each – concurrent)

 nil

assault / shooting

intent kill

Killing of two men in relation to drug dealing – one man assaulted with baseball bat – second man shot - took victims to nearby sand hills and burnt bodies - both murders planned and premeditated – not worst case.

No remorse or regret - some prospects of rehabilitation - previous good character –supportive family.

MCNELLEE

 

 

TUCKER

(33)

 

DALLEY

(16)

 

Co-offender:

BREWER

[2000] NSWSC 1154

Bell J

 

 

 

(2002) 132 A Crim R 169

[2002] NSWCCA 284

(Dalley)

PG

(25%)

 

VG

 

 

VG

14y

NPP 10y 6m

 

13y

NPP 9y

 

10y

NPP 6y

 

 

 

 

 

 

Conviction AD

minor

 

 

nil

 

 

nil

stabbing

common purpose robbery

Offenders involved in common purpose to rob victim of cannabis while armed with knives, mattock handle and machete - victim stabbed 21 times by fourth offender - all offenders played subsidiary role

Good prospects of rehabilitation.

BREWER

(24)

 

Co-offenders:

MCNELLEE

TUCKER

DALLEY

[2000]

[2001] NSWSC 99

Bell J

PG

(4th day of trial)

20y 6m

NPP 15y 4m

 some prior offences

stabbing

intent to kill

Arranged to have victim lured to remote area where he was attacked by group of four men - angered by perceived drug rip off - stabbed victim several times - prime mover - formed intent to kill during attack.

Suffered physical and sexual abuse as a child - alcohol and cannabis dependence.

EBNER

(29)

[2001] NSWSC 421

Adams J

PG

(15%)

 

Sched:

Break & enter

Assault w/i to rob

18y

NPP 13y

 prior record - on bail for stealing at time of offence

Strangulation

intent to kill

Strangled female flatmate to steal heroin - hid body in wardrobe - took shot of heroin with girlfriend and attempted to sell victim's property - dumped body in nearby laneway.

Limited insight and remorse - protective custody - bleak prospects of rehabilitation.

PHAM

(17)

[2002] NSWSC 567

Hulme J

 

[2005] NSWCCA 9

VG

25y

NPP 20y

AA

20y

NPP 16y

record not serious but displayed contempt for lawshootingShot drug dealer in car three times - motive unclear - not satisfied offender entered car with weapons - satisfied offender and friend agreed to kill if circumstances warranted course - cold-blooded execution of business associate

TA'ALA

 

NSWSC

Davidson AJ

30.7.2004

 

[2008] NSWCCA 132

PG

(just over 13%)

Murder

 

Murder

26y

NPP 19y 6m

 

 

 

35y

NPP 26y 6m

 

Total:

47y

NPP 38y 6m

AA

26y

NPP 19y 6m

 

 

35y

NPP 23y 3m

 

Total:

47y

NPP 35y 3m

 Bashing and stabbing

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

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

DERBAS

 

 

 

 

 

RUSTOM

[2005] NSWSC 244

Dunford J

 

[2007] NSWCCA 118

VG

Murder

 

Assault

 

 

VG

Murder

 

Assault

24y

NPP 17y

 

FT 2y

(concurrent)

 

24y

NPP 17y

 

FT 2y

(concurrent)

Conviction ADCriminal history – serving time for drug offences

Stabbing

Intent to kill

Gaol execution - prisoner stabbed in assault by group of prisoners – cousin also assaulted but escaped to guards – deliberate and planned assault – motive unclear – possibly drug related

Young men – evidence of rehabilitation

CB

(22)

 

 

 

 

 

 

 

 

 

IM

(23)

[2006] NSWSC 261

Buddin J

PG

(See facts)

Murder

 

s.33

 

Sched:

Larceny

LMV

Mal wound

 

PG

(See facts)

Murder

 

s.33

 

Sched:

Larceny

LMV

18y

NPP 13y

 

 

FT 7y

 

Total

20y

NPP 15y

 

 

 

21y 6m

NPP 15y 6m

 

FT 8y

 

Total

24y

NPP 18y

 

Priors for violence

 

 

 

 

 

 

 

 

 

Priors for violence – breached conditional liberty

Assault

Intent GBH

SNPP 20 years

Two offenders assaulted male acquaintance in own unit – planned attempt to rob – victim suffered brain damage – fatal assault on second male who arrived unexpectedly at unit

CB – history of sexual assault resulting in drug addiction – suffering drug induced psychotic illness – assistance in relation to perpetrator of sexual assault

IM – disturbed childhood – sexually assaulted resulting in drug addiction

 

Discount for guilty plea at or slightly above mid-point of range – CB combined discount – not specified – at least 15% for future assistance

DARWICHE

(26/28)

 

 

 

 

 

 

 

 

 

EL-ZEYAT

(23)

 

AOUAD

(22)

[2006] NSWSC 1167

Bell J

 

[2011] NSWCCA 62

(conviction appeals)

 

[2015] NSWCCA 196

(Sentence appeals - El-Zeyat, Aouad)

VG

Mal discharge firearm W/I

 

Shoot W/I to murder

 

2 x Murder

 

 

2 x Murder

 

 

2 x Murder

2 x Life

 

 

 

 

 

 

 

 

 

 

2 x Life

 

 

2 x Life

Conviction AD

 

 

 

 

 

 

 

 

 

 

Sentence AD

 

 

Sentence AD

Relatively minor – breached bond

 

 

 

 

 

 

 

 

Relatively minor

 

 

Relatively minor – Breached bond

Shooting

Intent to kill

SNPP 20 years

Ongoing dispute between two families originally over drug business – ongoing violence

June 2001 – D entered bedroom with co-offender - fired five shots at male – intent to kneecap not kill – serious injuries

July 2003 – D and co-offender fired 55 round from SKS semi-automatic rifles at house after luring out occupants – no one injured

Aug 2003 – D, E and A fired at second house using SKS rifles and pistols –sleeping female and male killed

(co-offender remitted for sentence after 2015 appeal)

SAALFELD

(44)

[2007] NSWSC 376

Howie J

VG

22y

NPP 16y 6m

 Minor

Stabbing

Intent to GBH

SNPP 20 years

Female stabbed female acquaintance during street confrontation – single stab wound – deteriorating relationship with victim over drugs – spontaneous offence – principal aggressor – offence slightly below mid-range

Remorse – drug user

BURNES

(22)

 

[2007] NSWSC 298

Fullerton J

PG

(50% combined)

18y

NPP 13y 6m

 Priors – no violence

Shooting

Intent to kill

SNPP 20 years

Shot male at point blank range at request of co-offender – argument between co-offender and deceased over drug business – received $4,000 reward

Early drug abuse – mental illness of marginal mitigation – genuine remorse – assistance

WILSON

(32)

[2008] NSWSC 238

Howie J

 

[2015] NSWCCA 128

VG

26y 6m

NPP 20y

AA

21y 4m

NPP 16y

Minor

Shooting

Intent to kill

SNPP 20 years

Attempted armed robbery on co-offender's flatmate – flatmate recently obtained large amount of money from armed robbery – also a drug dealer - shot victim in head at close range – lost temper – killing not planned

Aboriginal with violent and deprived childhood

Co-offenders Fraser and Spencer dealt with for manslaughter [2007] NSWSC 1449

WICKS

(47)

[2009] NSWSC 266

James J

PG

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

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

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).

BELDON

(34)

[2011] NSWSC 112

Barr AJ

 

[2012] NSWCCA 194

PG

24y

NPP 16y

ADlengthy

Stabbed

Intent GBH

SNPP 20 years

Stabbed male occupier of upstairs flat during argument over drugs – both affected by drugs at time of killing – spontaneous offence with no premeditation – below mid-range

Pleaded on day of trial – long history of drug abuse and mental instability

CHRISTIANSEN

(42)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

TRAN [2011]

[2011] NSWSC 840

Latham J

PG

(30%)

Murder

 

PG

(45%)

Poss shortened firearm

 

Supply lge comm qty

 

Supply comm qty

 

Sched:

21 offences

21y

NPP 15y 3m

 

 

 

 

FT 1y 8m

 

 

 

6y 7m

NPP 5y

 

4y 5m

NPP 2y 2m

 

Total:

22y 3m

NPP 16y 6m

 Nil relevant

Shooting

Intent to kill

SNPP 20 years

Shot dead male during discussion over drug debt – attended house to provide protection for drug dealer aware may be required to kill victim – made preparations for storage of body – disposed of body at sea – stored 2985g methylamphetamines in storage unit – also in possession of numerous guns and 327.58g of cocaine – murder in upper range of severity

Remorse - assistance

THOMPSON

[2011] NSWSC 1130

Rothman J

PG

(discount at highest level)

20y

NPP 14y

 Nil relevant

Shooting

Felony murder

SNPP 20 years

Shot dead drug dealer during robbery – arranged meeting in secluded area armed with loaded and shortened shotgun – planned robbery – stole drugs, money and mobile phone – disposed of body and gun.

Drug addiction

TRAN

 

 

 

 

Co-offender:
CHRISTIANSEN [2011]

[2011] NSWSC 1480

Rothman J

PG

(7.5%)

20y

NPP 15y

 Not lengthy

Shooting

Joint criminal enterprise

SNPP 20 years

Arranged for co-offender to provide protection during discussion over drug debt – contemplated possibility of killing – aware of violent reputation of victim who produced gun at meeting – helped move body and arranged clean-up of scene – slightly above mid-range – less than co-offender

Good prospects of rehabilitation - remorse

AMOS

(20)

[2012] NSWSC 1021

Hall J

 

[2014] NSWCCA 302

VG

28y

NPP 21y

Conviction ADNil

Shooting

Intent to kill

SNPP 20 years

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

Deprived and neglected childhood

GALL

(34)

[2012] NSWSC 1432

Adamson J

 

[2015] NSWCCA 69

VG

Murder

 

Discharge firearm w/I cause GBH

 

Pervert course of justice

 

Possess firearms

27y

NPP 18y

 

FT 8y

 

 

 

FT 1y 10m

 

 

 

3y 7m

NPP 2y 8m

 

Total

31y

NPP 24y

ADNilShot

SNPP 20 years

Shot victim three times at close range – friendship deteriorated badly over drug matter – victim had some involvement with bikie gang – offender planned shooting to get rid of adversary – buried body in bush – mid-range

PURTILL

(39)

[2012] NSWSC 1475

Harrison J

 

[2016] NSWCCA 80

VG

28y

NPP 21y

AD Throat cut

SNPP 20 years

Cut throat of victim following argument – businessman with whom offender acquainted – with brother drove body to remote location and buried in grave – unexplained crime – possibly drug transaction gone wrong

Difficult childhood – drug and alcohol addiction – rehabilitation.

Brother sentenced for accessory after fact

WHITE

(42)

[2012] NSWSC 1573

RA Hulme JA

VG

32y

NPP 24y

 Lengthy, violence, previous custody.Bashing.

SNPP 20 years

Planned killing of drug dealer – lured victim to caravan then bashed him, tied him with cable ties and taped mouth and nose – oversaw other persons in taking of drugs from car and dumping body in bush – fled to Victoria with girlfriend and lived off proceeds of stolen drugs

Difficult childhood – drug abuse.

SMITH

 

[2012] NSWSC 1565

Rothman J

VG

Murder

 

Destroy dwelling by fire

14y

NPP 10y

 

FT 2y

 

Total:

14y 6m

NPP 10y 6m

 Domestic violence – breached conditional liberty

Assault

Extended joint criminal enterprise

SNPP 20 years

Suggested known drug dealer to co-offenders as subject for robbery – victim viciously kicked and assaulted and run over by car - present during offence but not involved in assault - contemplated co-offenders could form intention to inflict GBH – no agreement to kill or inflict GBH – provided jerry can for co-offenders who returned to scene and set fire to home incinerating body - objective criminality in lowest possible category - no intention, initially, of obtaining financial gain - motives not totally clear, but most probably included revenge for victim's treatment of offender's mother

Drug abuse – difficult upbringing including sexual abuse – mental health issues and probably brain damage – some assistance

Three co-offenders pleaded guilty to manslaughter - McCulloch, Biffen and Biffen [2013] NSWSC 894

MA

(17)

 

 

 

 

 

 

 

 

 

 

 

 

BYQUAR

(18)

 

 

 

 

 

 

 

 

 

RAMOS

(18)

 

 

 

 

 

Co-Accused:

NATUBA [2012]

TAMAPUA [2012]

KHOURY [2013]

KARIMI [2013]

MIR [2013]

[2012] NSWSC 1527

Johnson J

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[2015] NSWCCA 313

(Ramos only)

PG

(25%)

Murder

 

Sp Agg BES

 

 

AR

 

Sched: Conspire rob

AR

 

 

PG

(25%)

Murder

 

AR

 

Sched:-

AR

 

 

 

PG

(25%)

Murder

 

Sp Agg BES

 

 

AR

 

Sched:

Conspire rob

AR

20y

NPP 14y

 

 

5y 6m

NPP 4y

 

5y 6m

NPP 4y

 

Total:

23y

NPP 17y

 

23y

NPP 16y

 

 

8y

NPP 6y

 

Total:

25y

NPP 18y

 

17y

NPP 12y

 

 

4y

NPP 3y

 

5y 6m

NPP 4y

 

Total:

19y

NPP 14y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AA

14y 3m

NPP 10y

 

4y

NPP 3y

 

5y 6m

NPP 4y

 

Total:

16y 3m

NPP 12y

on bond. Stalking, intimidation, assault w.i rob in co.

 

 

 

 

 

 

 

 

 

AOABH, Rob in co.

 

 

 

 

 

 

 

 

 

Nil

Joint criminal enterprise.

Wounded with meat cleaver / machete

SNPP 20 years

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

 

MA – did not strike victim but present - remorse, rehabilitation, maturity

B – struck victim - drug / alcohol abuse - remorse

R – outside house assisting – remorse, rehabilitation

NATUBA

(19)

 

 

 

 

 

 

 

 

 

TAMAPUA

(20)

 

 

 

 

 

 

Co-Offenders:

MA [2012]

BYQUAR [2012]

RAMOS [2012]

KHOURY [2013]

KARIMI [2013]

MIR [2013]

[2012] NSWSC 1569

Johnson J

PG

(50%)

Murder

 

AR

 

Sched – Robbery

 

 

 

PG

(50%)

Murder

 

Sp Agg BES

 

 

Poss Firearm

 

Poss weapon

 

Sched:-

3 x Robbery

14y

NPP 10y

 

 

5y

NPP 3y 9m

 

Total:

15y

NPP 11y

 

14y

NPP 10y

 

 

4y

NPP 3y

 

3y

NPP 2y

 

FT 2y

 

Total:

15y 6m

NPP 11y 6m

 

Agg robbery – breached bond.

 

 

 

 

 

 

 

 

 

Robbery, assault, breach AVO - on bond

Assault with meat cleaver / machete

Joint criminal enterprise

SNPP 20 years

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

N – threatened victim with cleaver

T - organisational role – did not enter homes

 

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

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.

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

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

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

FARROW (No.3)

[2015] NSWSC 323

Rothman J

VG

22y

NPP 15y

  Stabbing

SNPP 20 years

Purchased drugs from victim – relationship soured – broke into victim's unit, stabbed victim and stole drugs, money and jewellery – put body in car boot with intention of burying - above mid-range - planned offence – significant number of knife wounds.

Significant psychoses - paranoia, schizophrenia and drug induced psychoses

MOORE (No.2)

(24)

 

 

 

 

 

 

Co-offenders:

MOORE [2016]

PRICE [2016]

[2015] NSWSC 214

Garling J

 

[2016] NSWCCA 185

VG

24y

NPP 18y

ADLengthy record  involving violence – breached bond

Assault

Intent GBH

SNPP 20 years

Assaulted male acquaintance on head with mattock handle during argument outside victim's house – argument over supply of cannabis commenced several hours previously by phone texts – threats made by victim – mother of offender planned and encouraged confrontation – all participants armed – slightly above mid-range

Some prospects of rehabilitation – remorse – some co-operation in conduct of trial – chaotic, tragic and dysfunctional personal history

ALKANAAN (No.7)

(27)

[2015] NSWSC 904

Garling J

 

[2017] NSWCCA 56

VG

Murder

 

PG

(10%)

Consp to tamper with witness

28y

NPP 21y

 

 

 

FT 1y 10m

 

Total:

28y 9m

NPP 21y 9m

ADRecord including violence – breached bond

Shooting

Intent to kill

SNPP 20 years

Shot dead drug dealer at point blank range with shot gun outside house of offender – unplanned offence – angered that victim came to house to collect drug debt – victim's wife and 18m child in car – had called in associate as backup - fled scene and attempted to leave country – attempted to influence victim's wife against giving evidence – murder above mid-range

Exposed to war and conflict in during childhood in Iraq – mental health issues needing treatment in custody

MOORE

(51)

 

PRICE

(44)

 

 

 

 

 

 

Co-accused:

(J) MOORE [2015]

[2015] NSWSC 1101

Garling J

 

(Moore)

[2016] NSWCCA 300

VG

 

 

VG

22y

NPP 15y

 

18y

NPP 12y

AD

Not significant

 

 

Nil - driving offence only.

Assault

Accessory

SNPP 20 years

Female offender (M) and her partner (P) accessory to murder by son JM - JM struck 47y male with wooden mattock handle in dispute over drug deal - offenders encouraged and assisted JM – M armed with hobby hammer – P struck victim with fishing rod – victim armed with knives

Moore: upper end of mid‑range of seriousness of objective criminality - good prospects of rehabilitation, remorse – special circumstances

Price: lower end of mid-range of seriousness – played a lesser role - good character - good prospects of rehabilitation – special circumstances

ROGERSON

(75)

 

 

 

 

 

MCNAMARA

(57)

[2016] NSWSC 1207

Bellew J

VG

Murder

 

Supply lge comm qty ice

 

VG

Murder

 

Supply lge comm qty ice

Life

 

 

12y

NPP 9y

 

 

Life

 

 

12y

NPP 9y

 

Dishonesty offences

 

 

 

 

 

Nil

Shooting

Intent to kill

Joint criminal enterprise

SNPP 20 years

Joint criminal enterprise to kill 20y male drug dealer and take 2.78kg ice – extensive planning weeks prior to shooting – arrangements made to source and prepare suitable place for killing as well as car and boat used for disposal of body – victim lured to storage unit and shot dead by one offender – body dumped at sea – drugs repackaged for disposal – brutal execution – aggravating factors: use of weapon / in company / financial gain – no material distinction in roles – no different to contract killing

Both offenders former police officers – importance of sentence to deter police officers misusing knowledge gained through profession – objective gravity so grave ignore small number of mitigating factors

HAINES

(31)

 

 

 

 

 

 

 

 

 

LEE

(37)

[2016] NSWSC 1333

Harrison J

PG

(20% - plea and assist)

Murder

 

AR

 

 

 

 

 

PG

(15%)

Murder

 

AR

14y 8m

NPP 11y

 

 

 

5y

 

Total:

15y 8m

NPP 12y

 

17y 6m

NPP 13y 6m

 

 

5y

 

Total:

18y 6m

NPP 14y 6m

 

Moderate record

 

 

 

 

 

 

 

 

 

 

Significant record

Stabbing

Constructive / joint criminal enterprise

SNPP 20 years

Three offenders approach unit of known drug dealers with intention to rob occupants of drugs and money – during violent struggle one occupant fatally stabbed by L – second occupant assaulted by H and stabbed by L – planned robbery shortly before arriving at unit – constructive murder based on armed robbery with wounding - H did not foresee possibility knife would be used with relevant intent – below mid-range for both offences

Lifelong drug addicts – difficult family backgrounds - remorse

H - borderline intelligence – reasonable prospects of rehabilitation

L – limited prospects of rehabilitation

CAMERON

(62)

 

 

 

 

 

 

 

 

 

 

FORWARD

(21)

 

 

 

 

Co-offender:

ZANKER [2017]

[2016] NSWSC 1342

Fagan J

 

[2017] NSWCCA 229

(Cameron)

PG

(40% plea and assist)

Murder

 

Cultivate lge comm qty

(25% plea)

 

 

 

 

PG

(30% plea and assist)

Murder

 

(25% plea)

Cultivate lge comm qty

24y

NPP 18y

 

 

 

10y

NPP 7y 6m

 

Total:

28y

NPP 22y

 

21y

NPP 15y 5m

 

 

 

3y

NPP 2y 3m

(concurrent)

AD

Persistent offender in relation to cannabis – breached parole for cannabis offence

 

 

 

 

 

Nil

Stabbing

Intent to kill

SNPP 20 years

C one of two principals in hydroponic cannabis plantation in shed at rear of property – F and victim two of several workers – concerns developed as to violence and instability of victim – plan developed to kill victim – grave dug in remote area one week prior to killing – Victim fatally stabbed by F in sustained assault in cannabis shed in presence of C and two others – body buried in grave – pre-meditated - killed to protect planation and financial gain for C – brutal killing – in company – disposal of body

Planation involved 664 plants – highly organised and high volume commercial planation – involved some supply

C – Principal in both offences

F – willing participant – drug user probably impaired by substance intoxication at time of killing

A. CHABARJI

(26)

 

 

 

 

H. CHABARJI

[2016] NSWSC 1867

Rothman J

VG

 

 

 

 

 

VG

32y

NPP 24y

 

 

 

 

36y

NPP 27y

 

Rob in company – AOABH - possess proh weapon

 

 

Robbery – assault - steal from person - AOABH in company – stalking - assault police officer - breach ADVO - dishonesty

Stabbing – assault - force-fed drugs

Joint criminal enterprise

SNPP 20 years

Brothers – male victim beaten by hand and ratchet, stabbed and force-fed lethal amount of drugs (Xanax) – dispute over money victim owed for drugs – bought suitcase and placed body inside – took body to remote area and poured kerosene over body - well-above mid-range in objective seriousness

AC: inflicted knife wound – inflicted beating (either by hand or ratchet) that caused further, unnecessary pain - involvement in "torture" greater than co-offender

HC: instigator – "owed" debt - lured victim to pub and brought him to apartment where murder took place

AC: psychiatric disorders including schizophrenia – difficult background – drug abuse – poor rehabilitation prospects

HC: difficult background – drug abuse – poor rehabilitation prospects

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

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

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

EVANS

[2017] NSWSC 1440

R A Hulme J

PG

(25% plea and assist)

Murder

 

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

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

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

Last Updated: 2.7.2018