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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 - Section 19A

Murder During Home Invasion / Break and Enters

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
CALLEJA
(17)

NSWSC

Slattery AJ

19.7.1991

VG

Murder

 

PG

Rob

 

2 x Obtain by deception

MT 15y

AT 5y

 long record armed robbery, kidnapping

strangulation

reckless indifference

Robbery - tied elderly lady up in house - took chequebook and withdrew money.

Escapee at time of offence.

O'HELLO
(23)

NSWSC

Finlay J

31.3.1992

VG

Murder

 

Enter dwell w/i and armed

MT 12y

AT 4y

 steal, malicious damageshootingShotgun robbery at private home

JERRARD

(21)

 

Co-offender:

LIVERMORE

NSWSC

Hunt CJ at CL

21.12.1992

PG

MT 9y

AT 3y

 Record for malicious damage, assaults, BES, unlawful use of motor vehicles

Assault

Intent GBH

Assaulted male occupant of house while stealing car – extraordinary injuries – left victim tied up

Aboriginal

RYAN
(29)

NSWSC

Abadee J

7.5.1993

 

(1995) 90 A Crim R 191

PG

Murder

 

Steal from dwelling

 

Steal car

MT 14y

AT 6y

AD cut throat

Broke into neighbour's unit and cut his throat with a knife - later stole goods and car

Had been drinking heavily.

O'BRIEN

(19)

NSWCCA

10.6.1993

PG

MT 10y

AT 6y

Crown AA

MT 12y

AT 6y

BES – stealing – AOABH - mal damage

shooting

felony murder

Entered bedroom with loaded rifle and shot victim when challenged.

Crown appeal - withdrew offer to assist

LORENZO
(33)

NSWSC

Dunford J

26.11.1993

 

NSWCCA

22.5.1995

 

[2001] NSWCCA 389

VG

MT 17y

AT 5y 6m

Conviction AD

 

 

 

 

 

 

Sentence AD

seriousassault / strangulation

Robbery and murder of female in her home

Some assistance to authorities.

RICHARDSON
(28)

NSWSC

Finlay J

28.2.1994

PG

(after voir dire)

MT 20y

AT Life

 lengthy - manslaughter, sexual assault on woman & young boysassault / burningBroke into house and raped 29y old female acquaintance in front of her young children, abducted her, bashed her with piece of wood then set fire to her body.
BROUGHTON
(29)

NSWSC

Smart J

30.5.1994

PG

MT 14y

AT 6y

 extensive priors including gaolstabbing

Broke into house believing it to be empty - stabbed 54y female occupant eight times

Full admissions - on protection

LIVERMORE

(46)

 

Co-offender:

JERRARD

NSWCCA

2.3.1995

VG

MT 12y 6m

AT 4y 2m

Convict ADlengthy including property offences, sex assault on young boys, assaultassault

Bashed to death an old man after trying to steal his car.

Sentence cumulative to existing sentence for sexual offences

PREVITERA

(1997) 94 A Crim R 76

NSWSC

Hunt CJ at CL

27.5.1997

PG

MT 20y

AT 5y

 long record, including bag snatch on elderly womanstrangulationStrangled 81y female neighbour, then robbed her - motive for murder unclear.

LITTLE

(30)

NSWSC

Hidden J

17.10.1997

PG

MT 11y

AT 5y

 minor

stabbed

intent kill

Broke into home of friend's neighbour and stabbed male occupant - no reason for violent outburst – returned some time later to set fire to flat with body inside.

Aboriginal offender. Alcohol.

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.

D PRIVETT

(27)

 

 

M PRIVETT

(29)

[1999] NSWSC 1076

B-Parker AJ

 

(D Privett)

[2001] NSWCCA 518

VG

MT 14y 6m

AT 3y 3m

 

 

MT 11y

AT 3y 8m

AA

17y 9m

NPP 13y 4m

minor

 

 

 

long record reflecting trouble childhood

shooting

intent kill

common purpose or joint criminal enterprise

Shot victim during robbery at property - no premeditation - D fired fatal shot at close range and greater culpability

HARRIS

(30)

(2000) 111 A Crim R 415

[2000] NSWSC 285

Bell J

 

(2000) 121 A Crim R 342

[2000] NSWCCA 469

PG

3 x Murder

 

AR

40y

NPP 25y

Crown AA

Life

not serious

strangulation

intent kill

Strangled male suffering effects of stroke in own home - later strangled intellectually disabled woman he befriended in her home - strangled male neighbour and disposed of body in country - second and third killings motivated by desire to kill.

DARGIN

(24)

[2000] NSWSC 710

Ireland J

PG

19y

NPP 14y

 long history of dishonesty and violence - on bail at time of offence

assault

intent GBH

Bashed 72y female to death in her home - brutal sexual assault - initial motivation was robbery.

Aboriginal offender.

HYLAND

(27)

 

 

 

 

PARRY

(35)

 

 

 

 

YATES

(28)

[2001] NSWSC 470

Ireland AJ

 

 

[2002] NSWCCA 520

VG

Murder

 

s.111(3)

 

 

Murder

 

 

s.111(3)

 

 

Murder

 

 

s.111(3)

23y

NPP 17y 3m

 

FT 11y

(concurrent)

 

26y

NPP 19y

 

FT 11y

(concurrent)

 

20y

NPP 15y

 

FT 10y

(concurrent)

Conviction and sentence AD

prior record

 

 

 

 

 

lengthy record including violence

 

 

 

insignificant record

shooting

intent to kill

Group of men forced way into residential house and terrorised occupants inside with baseball bat, revolver and shortened shotgun - occupants assaulted with bat - victim executed at close range with bullet behind ear - other occupants shown body and threatened - worst class of case but level of culpability not so extreme that community interest only met through life imprisonment

P shot victim in presence of Y

Y a follower with limited intellectual functioning and back injury.

WRIGHT

(25)

[2001] NSWSC 1050

Adams J

PG

Murder

 

Sched:

Aggravated Rob with Wounding

22y

NPP 15y 6m

  stabbing

Stabbed middle aged woman in own home - broke into home intending to rob victim - killed victim to prevent identification - previously worked for victim and husband - premeditated, cowardly and brutal attack.

Troubled childhood - some prospects of rehabilitation - relative immaturity

WHITFIELD

(17)

[2001] NSWSC 876

Adams J

 

[2002] NSWCCA 501

VG

20y

NPP 13y

Conviction and sentence ADlengthy criminal record

stabbing

intent GBH

Went armed with knives to victim's house with three others to commit robbery - stabbed victim three times probably in panic to escape.

Disturbed and troubled childhood displaying early signs of behavioural difficulties - aboriginal.

SYMSS

(24)

[2001] NSWSC 1037

Howie J

 

[2003] NSWCCA 77

VG

Murder

 

Rob w/ wounding

 

LMV

22y

NPP 16y 6m

 

FT 5y

 

 

FT 2y

(all concurrent)

Conviction ADpriors including armed robbery

suffocation

intent to kill

Suffocated 73y female in own home during robbery - attempted to stab victim in neck

No remorse

SLD

(13y 10m)

[2002] NSWSC 758

Wood CJ at CL

 

(2003) 142 A Crim R 503

[2003] NSWCCA 310

PG

20y

NPP 10y

AD 

stabbing

intent to kill

Broke into neighbouring home at night and abducted 3y sleeping girl - removed clothes and stabbed her in chest once - discarded body in long grass - misled police during inquiries - callous and cold-blooded killing - motive unclear

Seriously affected by background of upheaval, abuse and lack of emotional support - intellectual and speech disability and dysmorphic appearance - sexually abused by half-brother - disturbed individual - history of aggressive and unacceptable behaviour - significant level of future dangerousness, although difficult to assess at this stage

STONE

(31 at offence / 44 at sentence)

(2004) 144 A Crim R 568

[2004] NSWSC 224

Grove J

PG

21y

NPP 15y 9m

 Lengthy – breached parole – dealt with for attempt to commit similar offence 5 years laterStrangulation

(1990) Broke into home during day attempting to escape pursuit – intoxicated and drug affected – formed intent to commit sexual assault – stripped female occupant and tied her to bed – strangled with football sock – gratuitous violence - 5 years later threatened 26y daughter of de facto with similar violence – subsequent DNA match to murder

Deprived childhood as ward of state – serious health problems – future dangerousness – more lenient sentence pattern for murder at time of offence

LOEBER

(33)

[2004] NSWSC 293

Wood CJ at CL

PG

(combined 25%)

18y

NPP 13y

 No relevant priorsStabbing

Broke into home of female friend and stabbed her over 40 times – disguised with pillowcase upon entering house – no memory of offence - use of knife and attack in complainant's home aggravating features

Prior good character

EM

(19)

[2005] NSWSC 212

James J

VG:

Murder

 

s 97(2)

 

s 93G(1)(c)

 

PG

5 x s 97(2)

25y

NPP 16y

 

FT 10y

 

FT 2y

 

 

FT 12y

(each)

 

Total:

36y

NPP 27y

ADDriving offences

Shooting

Constructive murder

Home invasion with co-offender – 5 occupants forced to lie on floor – victim shot and killed in struggle – victim's wife shot in thumb – 10 days later, similar offence with 2 co-offenders - robbery completed and 5 occupants left tied up in house

Cambodian – poly substance abuse – mood disorder

VILLA

(36)

[2005] NSWCCA 4

VG

2 x Murder

 

3 x Attempt murder

LifeADMinor

Shooting / Stabbing / Strangulation

Intent to kill

Entered home to collect debt – tied up adults – shot male – shot, stabbed and strangled female – shot child in head twice – set fire to house to kill three children – attempt to avoid detection – overall culpability justifies life sentence

HILLSLEY

(53)

[2005] NSWSC 652

Hidden J

 

(2006) 164 A Crim R 252

[2006] NSWCCA 312

PG

(25%)

Murder

 

4 x Agg sexual ass

 

Kidnapping

16y

NPP 12y

 

Total:

30y

NPP 25y

Crown AA

Life

Paedophile offences

Hammer

Intent to inflict GBH

SNPP 20 years

Broke into house of male acquaintance and killed sleeping victim – earlier argument over money - sexually abused victim's 10y step-daughter and abducted her 'as payback' – sexually abused her a few days earlier

Unfortunate upbringing – irresistible impulses for young girls – risk to community –gambling problem – escaped from custody though at large for only one day

WHITE

(34)

[2005] NSWSC 667

Studdert J

PG

(10%)

Murder

 

Sched:

5 Break and enter offences

24y

NPP 18y

 Dishonesty and violence – breached bailAssault / asphyxiation

SNPP 20 years

Broke into home of 82y widow – victim assaulted, bound and gagged – believed victim would die if not found

Aboriginal with disrupted childhood and drug addiction

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

APPS[2006] NSWCCA 290

PG

(25%)

 

Sched:

BE&S

27y

NPP 20y 9m

AA

18y

NPP 13y 6m

Dishonesty, possess knives, assaultShooting

SNPP 20 years

Acquainted with victim – broke into nearby farm stealing four guns – shot victim at victim's home.

Personality disorder

STEER

(40)

[2006] NSWSC 1198

Whealy J

 

(2008) 191 A Crim R 435

[2008] NSWCCA 295

VG

Murder

 

AR

29y 4m

NPP 22y

 

FT 4y

 

Total

31y 4m

NPP 24y

ADLengthy

Stabbing

Intent to kill

SNPP 20 years

Broke into home and stabbed male occupant in neck – set fire to house with body inside – angered at relationship between deceased and ex-girlfriend – above mid-range offences – intent formed after entry to house – on separate occasion robbed bank

Single parent with 4 children

JOHNSON

(53)

[2007] NSWSC 274

Whealy J

 

[2010] NSWCCA 86

VG

2 x Murder

 

Dishonesty offences

LifeConviction ADMinor traffic

Strangulation

Intent to kill

SNPP 20 years

Tied up and strangled retired couple in their own home – trusted handyman – stole money from bank accounts – financial difficulties – well planned offence

DAVIS

(26)

[2008] NSWSC 55

Mathews AJ

 

 

[2015] NSWCCA 90

 

VG

24y

NPP 18y

AA

22y

NPP 16y 6m

Lengthy – mal wounding under similar circumstances

Stabbing

Intent GBH

SNPP 20 years

Broke into apartment to steal property – stabbed male occupant in attempt to escape – victim died 3 days later from heart failure

Disturbed and abusive childhood

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

PEARCE

(25)

[2008] NSWSC 1434

Latham J

PG

(no discount)

20y

NPP 15y

 Lengthy – no major violence

Stabbing

Intent to kill

SNPP 20 years

Arrived at friend's unit armed with knife  - became involved in fight with male victim and stabbed in back – spontaneous offence – no assistance to victim – paranoid and highly aroused state from amphetamines – slightly below mid-range

Appalling childhood marked by domestic violence – both parents heroin addicts – no education – early drug abuse

MCGUREN

[2010] NSWSC 744

Fullerton J

PG

34y

NPP 25y 6m

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

SNPP 20 years

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

Tendency to uncontrolled violence.

DENNISON

(28)

[2010] NSWSC 780

Fullerton J

PG

(20%)

Murder

 

8 x s.61J

2 x s.61K(b)

4 x s.86(1)(b)

s.35(2)

s.113(2)

2 x s.97(1)

 

Sched:

8 offences

18y

NPP 11y

 

 

Total:

28y

NPP 21y

 AOABH, possess knife, driving, resist police.Fall

SNPP 20 years

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

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

DB

(16)

[2010] NSWSC 812

Barr AJ

PG

Murder

 

Wound w/I murder

 

Sched

Assault

20y

NPP 12y

 

FT 12y

 

Total:

24y

NPP 16y

 nil

Stabbing

Intent to kill

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

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

ATAI

(18)

[2011] NSWSC 1617

Grove J

 

[2014] NSWCCA [210]

VG

24y

NPP 18y

ADCustodial record

Shooting

Recklessness

SNPP 20 years

Approached house with group of men – fired shots into front window of house killing occupant after being advised had wrong house – motive for approach to house and shooting unclear

Afghani refugee with links to bikie gang

COTTERILL

[2012] NSWSC 89

McCallum J

PG

(15%)

Murder

 

Escape

22y

NPP 16y

 

 

FT 6m

 

Total:

22y

NPP 16y 6m

 Offences of violence

Stabbing

Intent to kill

SNPP 20 years

Stabbed 19y female in her own home during day– prolonged attack - 27 stab wounds – confronted by victim after entering house with intention to steal – not premeditated

Escaped from prison van several days after arrest by faking self-harm – ran six metres before shot in pelvic region and leg

Dysfunctional childhood – severely disturbed as child and adolescent – violent and poor impulse control

SHAMOUN

(24)

[2012] NSWSC 716

Bellew J

 

[2015] NSWCCA 256

VG

Murder

 

Mal wound

27y

NPP 20y

 

12m

NPP 9m

 

Total:

27y

NPP 20y 3m

ADNil significant

Stabbing

Intent GBH

SNPP 20 years

Broke into home at night and assaulted male victim in bed – wife injured in escape – victim stabbed in struggle – offence committed in response to request by co-offender to inflict serious injury on victim because of falling out over employment – not satisfied act committed for reward

Iraqi – suffering brain injury

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

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

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

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

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

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

KAYE

(33)

[2013] NSWSC 1812

Price J

PG

(12.5%)

Murder

21y

NPP 14y 6m

 AOABH, resist police, steal mv 

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

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

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

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

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

KENNEDY

(18)

 

 

Co-offenders:

SMITH [2013]

SMITH [2013]

[2015] NSWSC 327

Wilson J

 

[2016] NSWCCA 114

PG

(5% on appeal)

21y

NPP 15y 9m

Sentence AA

20y

NPP 15y

Not as serious as co-offenders

Assault

Joint criminal enterprise / intent GBH

SNPP 20 years

Three men broke into home of 75y male occupant – victim severely assaulted in attempt to obtain access to safe – left for nearly a day – moral culpability high but lower than co-offenders

Drug addicted – aboriginal – exposed to drugs early  - low intelligence – poor schooling

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

MAAKA

(18)

[2015] NSWSC 358

RA Hulme J

PG

(20%)

 

Sched:

16 offences

20y

NPP 15y

 BES, AOABH, Larceny

Assault

Intent GBH

SNPP 20 years

Severe and violent attack upon 53y male homeowner during break in– struck victim and smashed drawer on victim's head - unbridled, gratuitous and extreme violence – acted with 2 co-offenders - affected by drugs - not planned or premeditated

Disrupted upbringing – drug abuse

KELSALL

(20)

[2015] NSWSC 480

RA Hulme J

 

[2017] NSWCCA 240

VG

Murder

 

Indecent assault

40y

NPP 30y

 

FT 1y

 

Total:

40y 3m

NPP 30y 3m

ADnil

Stabbing

Intent to kill

SNPP 20 years

Followed male stranger home late at night – entered through unlocked door – found male stranger in bedroom asleep or intoxicated – touched penis and stabbed multiple times (more than 20 wounds) – no motive although had previously reported thoughts of killing random stranger

No remorse – questionable prospects of rehabilitation

KATSIS

(17 – 44 at sentence)

[2015] NSWSC 1890

Fagan J

VG

Murder

 

s.61D(1)

20y

NPP 15y

 

FT 6y

(concurrent)

ADSubsequent record for petty offences involving dishonesty and assault

Strangulation

Intent to kill

(1988) – forced entry into neighbouring unit – sexually assaulted and strangled 66y female occupant - set fire to contents of unit

Abusing drugs and alcohol at time of offence – subsequent 27y demonstrates no risk of re-offending

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

SWAN

(31)

 

 

 

KIMURA

(50)

[2016] NSWSC 1819

N.Adams J

VG

26y 6m

NPP 19y 6m

 

 

 

23y

NPP 17y

 

Breached conditional liberty – assault offences

 

Minor

Assault

Intent GBH

SNPP 20 years

Two males broke into unit and stole property – agreement reached in unit to assault elderly male occupant – victim assaulted by S – died of injuries 8mths later – just above mid-range – S more culpable than K – aggravating factors: in company – in victim's home – vulnerable victim – S armed with large knife

S – Aboriginal with derived childhood

K – Maori – assaulted in gaol because gave evidence on sentence and in protection – fearful for life – facilitated trial

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

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

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.

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

Last Updated: 25.6.2018

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