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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 - Limiting Terms

NamePleaSentenceAppealSummary of RecordInvolvement & Summary



[2000] NSWSC 854

Barr J


Limiting term



Offered place to stay for night by victim when missed last train home – became revolted and frightened by sexual advances and assaulted victim with fire extinguisher – intoxicated – disproportionate response to provocation

Polish – very difficult childhood in Poland – psychosexually repressed – low grade psychosis



[2008] NSWSC 706

Hulme J


Limiting term


 Record including robberies

Argument between offender and male stranger in club – punched victim who fell to the ground then kicked in head – disproportionate response to irritating remark of victim – both intoxicated – intent to inflict GBH – appreciably below mid-range

Mild intellectual disability – Samoa with difficult childhood - remorse



[2012] NSWSC 1180

Adamson J


[2014] NSWCCA 37


Limiting term



Sharing squatting accommodation with female friend – intoxicated – during night became angry when sexual advances rejected - repeatedly forced right arm into rectum and vagina – left victim to die

Suffered brain damage due to long-term alcohol abuse – defence of substantial impairment rejected - dementia



[2012] NSWSC 1309

RA Hulme J


Limiting term



Savage assault with heavy metal stake on supervisor who had discovered fraud – spontaneous assault - attempted to make offence appear a robbery

No mental illness or impairment at time of offence - Suffered catastrophic brain injury in subsequent car accident – no weight to be given to general or specific deterrence - advanced age – onerous custody due to brain injury


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