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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 - Element of Provocation

 

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

MEHMET

(38)

[2002] NSWSC 1154

Bell J

 

[2004] NSWCCA 24

VG

18y

NPP 13y 6m

AD 

stabbing

Intent to kill

During argument with estranged wife stabbed her in chest 7 times - attempted to clean up scene - some degree of provocation and loss of self-control – unpremeditated

Uncharacteristic behaviour

SIEVERS

(58)

[2002] NSWSC 1257

Sully J

 

(2004) 151 A Crim R 426

[2004] NSWCCA 463

VGLifeADserious record for violence - shooting murder of estranged wife

stabbing

intent GBH

Stabbed de facto wife during argument - disposed of body in country - volatile and violent relationship - element of provocation

Protective custody - health problems - disturbed and violent childhood - personality disorder making him dangerous in domestic situations involving extreme stress

PETERS

(32)

[2002] NSWSC 1234

Wood CJ at CL

PG

(15%)

2 x Murder

 

Sched:

6 x s.178BA(1)

17y

NPP 9y

(each)

 

Total:

21y

NPP 13y

 relatively minor record

stabbing

intent to kill

Killed homosexual lover by stabbing in neck - mutilated and disposed of body - used credit card to withdraw money - 6 months later stabbed to death new lover - decapitated body found in bath - on both occasions badly affected by drugs - element of provocation - Battered Woman's Syndrome - not premeditated - mutilation done after killing

Borderline personality disorder - infected by HIV by first partner - manipulated by both partners - low risk of re-offending provided remain drug free - significant reduction in life expectancy

ABOU-CHABAKE

(26)

[2003] NSWSC 125

Howie J

 

(2004) 149 A Crim R 417

[2004] NSWCCA 356

VG

20y

NPP 15y

ADnil relevant

shooting

intent to kill

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

Aberration - married

O'LEARY

(22)

[2004] NSWSC 821

Buddin J

PG

16y

NPP 11y

 Nil

Assault

Intent GBH

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

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

KISELJEV

(66)

[2004] NSWSC 1030

Dunford J

PG

20%

16y

NPP 11y

 NilAsphyxiation

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

Croatian – remorse – prior good conduct

HEFFERNAN

(39)

[2005] NSWSC 739

Hoeben J

 

[2006] NSWCCA 293

VG

14y

NPP 10y

Conviction ADwounding and minor traffic and drug offences

Assault

Intent GBH

Argument with victim over sexual advance made to offender's girlfriend – bashed victim on head with saucepan and piece of wood – self-defence, provocation and intoxication rejected by jury

Possible schizophrenia induced by amphetamine use – alcohol problems – remorse

BARTON

(47)

[2007] NSWSC 651

Buddin J

 

[2009] NSWCCA 164

VG

Murder

 

Manslaughter

 

Att Murder

37y

NPP 30y

 

FT 5y

 

FT 13y

 

Total:

42y

NPP 35y

ADOld offence involving fire

Fire

Intent to kill

SNPP 20 years

Shot male acquaintance in back of head during argument – manslaughter by provocation – victim a violent man blackmailing offender over many years – genuine fear for safety – cared for victim's children during following day – dosed children with methadone and set fire to house – intent to cover killing of male – 3y girl killed in fire (murder) – 5y boy rescued by offender (att murder) – significant element of planning – relationship between manslaughter and subsequent offences – murder objectively worst case

Ill health – protective custody – personality deficits exacerbated by victim's behaviour and death of mother

BARBETTA

(44)

[2008] NSWSC 688

Howie J

PG

(20%)

18y 7m

NPP 13y 9m

 Little significance

Assault

Intent GBH

SNPP 20 years

Fatal assault on 65y neighbour in victim's home – element of provocation in form of racial taunts – incontrollable rage – forced keys down throat of victim – intoxicated with drink and drugs – ransacked unit – just below mid-range seriousness

Remorse

YOUMARAN

(24)

 

[2008] NSWSC 762

Rothman J

PG

(12.5%)

17y 4m

NPP 13y

 Not significant

Shooting

Intent to kill

(2002) - Fight broke out at hotel between two groups – history of animosity between some members of each group (not offender) – offender and another returned to car and took out glock pistols – shot at hotel – offender killed male victim shooting at him while on ground – not premeditated offence – element of provocation

Prospects of rehabilitation

Co-offender Mirad [2004] NSWSC 701, sentenced as acc after fact

FAEHNDRICH

(50)

[2008] NSWSC 877

Price J

VG

20y

NPP 15y

 Priors for violence

Stabbing

Intent to kill

SNPP 20 years

Stabbed female partner with scissors during argument in hotel room – turbulent relationship – victim attempting to leave relationship – element of provocation – suffering depression and personality disorder – lower half of mid-range of seriousness

Offered to plead guilty to manslaughter – abusive childhood

HOWARD

[2008] NSWSC 934

Hulme J

PG

(12.5%)

Murder

 

Sched:

2 firearms offences

18y 6m

NPP 14y

 Alcohol related

Shooting

No intent to kill

SNPP 20 years

Argued with son at service station one hour before offence – son approached offender at home – fired warning shot then fired two shots into head and body – apprehensive – element of provocation and self-defence – spontaneous offence – intoxicated – no intent to kill

Remorse – good prospects of rehabilitation

O'CONNOR

(64)

[2008] NSWSC 1297

Studdert AJ

VG

21y

NPP 16y

 Old offence of culpable drivingShooting

SNPP 20 years

Shot wife twice as she descended from roof by ladder – spontaneous offence – element of provocation and loss of self-control – history of arguments and disagreements in marriage – buried body – just below mid-range

Remorse – prospects of rehabilitation

SPANIA

(45)

[2009] NSWSC 148

Barr J

PG

Murder

 

3 x Firearms offences

24y

NPP 18y

 

FT 3-6m

(concurrent)

  

Shooting

Intent GBH

SNPP 20 years

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

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

WICKS

(47)

[2009] NSWSC 266

James J

PG

(10%)

20y

NPP 15y

 Minor offences – drugs and assault

Stabbing

Intent to kill

SNPP 20 years

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

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

WARD

(39)

[2010] NSWSC 304

Howie J

 

[2013] NSWCCA 46

VG

25y

NPP 18y 9m

ADTraffic matters – mal wounding of husband – bad driving record

Driving

Intent GBH

SNPP 20 years

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

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

BORG

(53)

[2010] NSWSC 951

Studdert AJ

VG

21y

NPP 16y

 Minor and old record

Strangulation

Intent to kill

SNPP 20 years

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

Suffering anxiety and personality disorder at time of offending

DONG

(48)

[2010] NSWSC 1242

Price J

VG

24y

NPP 17y

 Nil

Assault

Intent to kill

SNPP 20 years

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

Prior good character – reasonable prospects of rehabilitation

SHIELS

(20)

[2011] NSWSC 1177

Barr AJ

VG

20y

NPP 13y

 Bonds for assaults including assault on victim – committed while mentally ill

Stabbing

Intent to kill

SNPP 20 years

Stabbed father in temple during argument at party – both intoxicated - history of violent arguments with father – spontaneous offence – issue at trial was substantial impairment, provocation and self defence

Suffering schizophrenia – regular user of marijuana and alcohol – voluntary surrender to police – remorse – prospects of rehabilitation

KJS

(36)

[2011] NSWSC 1690

Hidden J

VG

20y

NPP 15y

 nilAssault

SNPP 20 years

Bashed wife to death in bedroom with plumber's tool – angered by indication from victim she accepted daughter's allegation of long term sexual abuse at hands of offender – argued over prior weekend

Good character – no history of violence – offered to plead guilty to manslaughter (provocation)

FAHDA

(21)

[2012] NSWSC 114

Harrison J

 

[2013] NSWCCA 86

VG

20y

NPP 14y

Crown ADNil significant

Shooting

Intent to kill

SNPP 20 years

Shot male acquaintance seven times while sitting in car at service station after chance encounter – part of feud involving several – brother of victim charged (then acquitted) of soliciting murder of brother of offender – degree of provocation – unpremeditated – offence committed in front of offender's wife and children – mid-range objective gravity

Violent and difficult childhood with sexual abuse and family mental health issues – developed severe psychiatric illness after brother killed in context of very low intelligence – protective segregation

WILLMOTT

(35)

[2012] NSWSC 824

Price J

 

[2013] NSWCCA 244

PG

(20%)

28y

NPP 21y

ADAssault offences – breached parole for GBH

Stabbing

Intent to kill

SNPP 20 years

Male victim became aggressive towards offender during drinking session with friends at cabin in caravan park – offender returned to mother's caravan and armed himself with two small steak knives – met up again with victim and angry confrontation broke out – frenzied and sustained stabbing attack – attempted to cut off head in front of witnesses - small degree of provocation – spontaneous

Under influence of alcohol and ice

ISKANDER

(55)

 

 

 

 

 

 

Co-offender:

ISKANDER [2012]

[2012] NSWCCA 1324

Davies J

VG

23y

NPP 17y

 Bond for common assault

Stabbing

Intent to kill

SNPP 20 years

Ambushed wife's lover outside his home with 19y son - confronted and attacked victim in street with hammer – chased victim and stabbed him in chest and back – kicked female passer-by attempting to protect victim on ground – vicious and prolonged attack - a little above mid-range seriousness – significant pre-planning

Genuine remorse – upset over relationship between victim and offender's wife – discount for offer to plead to manslaughter - provocation

BARLOW

(24)

[2013] NSWSC 217

Harrison J

PG

(10%)

23y

NPP17y

 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

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

ABDALLAH (No.7)

(25)

[2014] NSWSC 829

Campbell J

VG

26y 8m

NPP 20y

 Minor 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

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

HINES (No 3)

 

[2014] NSWSC 1273

Hamill J

VG Murder

 

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.

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

Last Updated: 25.6.2018

 

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