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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 - Non-Parole Period over 20 years
[Determinate Sentences] - Post SNPP

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

O'CONNELL

(18)

[2004] NSWSC 1120

Davidson AJ

 

[2006] NSWCCA 82

PG

(20%)

35y

NPP 25y

ADJuvenile record for serious crimes of violence

Assault and stabbing

Intent to kill

SNPP 20 years

Killed 15y girl with whom he was having casual relationship – horrific wounds – 49 injuries, including 10 stab wounds - violent sexual proclivities – disposed of body in nearby garbage bin – deliberately attempted to divert suspicion

Victim of abuse by stepfathers – drug and alcohol problems – dyslexia/ADHD – remorse – youth – but for youth and plea, life sentence would have been imposed – limited protective custody

ASLETT

(33)

[2004] NSWSC 1228

Wood CJ at CL

 

[2006] NSWCCA 360

PG

Murder

 

 

2 x s.61JA

 

8 x s.97(2)

 

2 x s.97(1)

 

Sp agg kidnapping

 

Agg car jacking

 

Att obtain $ by deception

 

3 x LMV

 

Sched:

9 similar offences

Life

 

 

 

Total other offences:

36y

NPP 28y

AA

28y

NPP 22y

 

Total other offences:

36y

NPP 28y

 

Total:

42y

NPP 36y

Lengthy and disturbing – almost continuous custody since 11 years old – recently sentenced for brutal home invasion and sexual assault on 16y female occupant

Gunshot

Felony murder

SNPP 20 years

Murder involved attempt robbery of male proprietor of pharmacy – struggled with victim in car, took out loaded gun to threaten and gun discharged - other offences committed over 3 months – stole car with female occupant using knife and gun – sexually assaulted complainant twice – robberies of various retail premises using guns and knives

Drug abuse – some remorse - finding of dangerousness – psychological profile suggests no hope of rehabilitation

WILLARD

(48)

 

Co-offender:

WILKINSON [2004]

TJA [2004]

[2005] NSWSC 402

Whealy J

VG

Murder

 

Sched:

Supply drug

36y

NPP 26y

 Minor dishonesty

Shooting

Intent to kill

SNPP 20 years

Arranged for friend's boyfriend to kill husband – victim shot while asleep on lounge – seeking insurance money – organiser and instigator

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

NORMAN

(50)

 

 

 

 

 

 

 

OLIVIERI

(49)

[2007] NSWSC 142

Hidden J

 

[2016] NSWCCA 165

(Olivieri only)

VG

Murder

 

Fraud

 

 

 

 

 

VG

Murder

35y

NPP 29y

 

FT 3y

 

Total:

37y

NPP 31y

 

33y

NPP 28y

 

 

 

 

 

 

 

 

 

Conviction AD

Minor

 

 

 

 

 

 

 

 

Lengthy – dishonesty and drugs

Shooting

Access before the fact

SNPP 20 years

N accountant who defrauded victim – had victim shot by O to cover up fraud – O paid little more than expenses – carefully planned offence – victim shot at home office

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

McCALL

(32)

[2007] NSWSC 1269

Barr J

 

[2010] NSWCCA 174

VG

29y 4m

NPP 22y

ADPriors

Assault

Intent to kill

SNPP 20 years

Victim lured to car park and kidnapped – with co-offender took victim to cliff area – became angry and pushed victim over cliff – carefully planned kidnapping for financial reward – no clear explanation for killing

CLARK

(42)

 

 

 

Co-accused:

CLARK [2007]

[2008] NSWSC 795

Kirby J

 

[2010] NSWCCA 94

VG

30y

NPP 24y

Conviction ADSignificant

Shooting

Intent to kill – joint criminal enterprise

SNPP 20 years

Recruited 21y son to shoot grandfather – son visited victim at home and shot him in head – financial motivation as well as other emotional issues – planning - above mid-range seriousness

Suffering brain damage from motor vehicle accident and physical illnesses

AYTUGRUL

(40)

[2009] NSWSC 275

RA Hulme J

 

(2010) 205 A Crim R 157

[2010] NSWCCA 272

 

[2015] NSWCCA 139

VG

28y

NPP 21y

Conviction AD

 

 

 

 

 

 

 

Sentence AA

27y

NPP 20y 3m

Nil

Stabbing

Intent to kill

SNPP 20 years

Multiple stab wounds of ex-girlfriend in her home unit – prior stalking and obsessive behaviour – slightly above mid-range

WILKINSON (No.5)

(28)

[2009] NSWSC 432

Johnson J

PG

Murder

 

Arson

28y

NPP 21y

 

6y

NPP 4y 6m

 

Total:

28y

NPP 24y

 Nil prior – subsequent assault

Unknown

Intent to kill

SNPP 20 years

Killed pregnant lover to prevent complications to marriage –circumstances of killing unclear – body never found – took phone and made phone calls to leave false trail – set fire to house and blamed victim – supplied multiple false accounts to police - murder above mid-range – arson towards top of range

No contrition or remorse – aboriginal liaison officer with police force – onerous custodial conditions

SW (No.3)

(34)

[2009] NSWSC 1043

Hulme J

 

[2013] NSWCCA 103

VGLife

AA

40y

NPP 30y

NilStarvation – neglect

SNPP 25 years

Mother of 7y daughter who died as a result of starvation and neglect – daughter suffered developmental delay and autism – left in bedroom in unhygienic conditions - worst case

Drug use.

Father [BW] sentenced for manslaughter.

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.

POTTS

(40)

[2010] NSWSC 731

Kirby J

 

[2012] NSWCCA 229

VG

28y

NPP 21y

ADManslaughter of father – substantial impairment

Stabbed

Intent to kill

SNPP 20 years

Stabbed sex worker in the back twice in his apartment – had sex post mortem and attempted to conceal body under bed – impulsive offence

Paranoid schizophrenia caused significant impairment at time of offence – high risk of further violent offence

CAMPBELL

[2010] NSWSC 995

Latham J

 

[2014] NSWCCA 175

VG

33y

NPP 24y

Conviction ADMinor record

Pushed off cliff

Intent to kill

SNPP 20 years

Pushed wife off cliff while camping in national park – motivated by financial gain – lied and deceived victim in order to obtain large amounts of money – planned killing over several months – well above mid-range

RYAN

(51)

 

Co-Offender:

COULTER

BROOKS [2012]

[2011] NSWSC 1249

Latham J

 

[2013] NSWCCA 175

VG

36y

NPP 27y

ADNil

Shooting

Intent to kill

SNPP 20 years

Female - paid $30,000 to have husband shot dead by hit man - $10,000 knowingly provided by mother (co-offender C) – angered by breakdown in marriage and financial loss – close to worst category

HOBLOS

(27)

[2012] NSWSC 454

Grove J

 

[2014] NSWCCA 20

VG

28y

NPP 21y

Conviction AD 

Shooting

Intent to kill

SNPP 20 years

One of three offenders involved in shooting of male victim at party – two offenders entered party – one offender shot victim point blank range then both left in car driven by third offender – execution murder – unable to identify role of offender – equal culpability – motive unknown

RICHARDSON

[2012] NSWSC 521

McCallum J

 

[2013] NSWCCA 218

VG

28y

NPP 21y

ADAssault

Unknown

Intent to kill

SNPP 20 years

Killed girlfriend – circumstances of killing unknown – troubled relationship – prior assault – body dismembered into small parts with circular saw -  body parts found 6 months later in garbage bags hidden under bush – forced victim to phone bank asking for new bank card so offender would have access to bank account after victim's death.

Little remorse – little prospect rehabilitation – schizoid personality – depression – ill-health.

BROOKS

(48)

 

Co-offenders :

RYAN [2011]

COULTER [2011]

[2012] NSWSC 505

Fullerton J

VG

38y

NPP 28y 6m

 MinorShooting

SNPP 20 years

Contract killing – paid $15,000 to kill husband of co-offender – shot victim in back at victim's farm at night – close but not worst category – not sophisticated – minimal planning - parity

Drug use – psychiatric problems

MILAT

(17)

 

 

 

 

 

 

 

Co-offender:

KLEIN

[2012] NSWSC 634

Mathews AJ

 

[2014] NSWCCA 29

PG

(No discount)

43y

NPP 30y

ADMid-range PCA

Axe

Intent to kill

SNPP 25 years (for Klein only)

Offenders and another friend invited victim to accompany them to Belanglo Forest – M took double sided axe from vehicle and struck victim in torso and to back of head – killing recorded by K on mobile phone - "thrill kill" – planned and premeditated - in company - gratuitous cruelty.

Personality dysfunctions and lack of empathy -  poses substantial risk of violent re-offending -  serious potential danger to community – no remorse – worst case category murder

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

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

BILLINGS

(37)

[2012] NSWSC 1020

Barr AJ

VG

Murder

 

 

AR with wounding

 

Agg SMV

 

 

Shoot w/I murder

 

AR

Indicative

32y

NPP 24

 

12y

NPP 9y

 

4y

NPP 3y

 

12y

NPP 9y

 

FT 4y

 

Agg Sentence

40y

NPP 30y

 Lengthy – at liberty for only two years of past twelveShooting

SNPP 20 years

Robbed male taxi driver walking along street in early hours of morning with sawn off rifle – shot warning shots into footpath then shot victim in buttock causing permanent injury – threatened male driver with shot gun – stole car – shot at police officer who was pursuing offender for suspected drug dealing – fatally shot unsuspecting male victim with intention of robbery in presence of co-offender – fired three shots from point blank range – robbed business using gun – murder just short of worst case

Dangerous offender

DANNEVIG

(21)

[2012] NSWSC 1013

Hall J

PG

(25%)

Murder

 

Sched:

Larceny

Dishonestly obtain prop

28y

NPP 21y

 Breached parole for kidnapping offence

Drowning

Intent GBH

SNPP 20 years

Lured 18y female into bush overnight through Facebook and fictitious identity – posed as WIRES employee offering employment and training – drowned victim in creek – unprovoked assault on victim during earlier meeting – sophisticated and protracted scheme

Mild intellectual disability – assistance with investigation

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.Assault

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.

WALSH

(34)

[2012] NSWSC 1399

Bellew J

 

[2014] NSWCCA 252

VG

Murder

 

s.86(3)

28y

NPP 21y

 

FT 8y

(concurrent)

Conviction ADLengthy but much less serious

Unclear

Constructive murder

SNPP 20 years

Met with victim and female co-offender at park to discuss stolen property – victim taken to home of third person and detained in garage – victim killed by offender in altercation – body incinerated

Long history of alcohol and drug abuse

Co- offender sentenced for accessory after fact - Batcheldor [2015] NSWSC 1688

AQUILINA

(27)

 

 

 

 

 

 

 

 

 

 

Co-offenders:

COMBER [2012]

DAWSON [2012]

[2013] NSWSC 525

Bellew J

VG

28y

NPP 21y

 No significant history

Strangulation

Joint criminal enterprise

SNPP 20 years

With mother (D) and friend assaulted and killed D's neighbour – relationship between victim and D had become strained – D complained about behaviour of victim – offender made preparations including recruiting C and taking knife and iron bar to ambush victim – struck victim with iron bar from behind - victim subjected to violence by offenders over several hours - act of strangling victim extended over period of time - offender actively involved in pulling rope causing death - cash taken and victim's bicycle sold – assisted in disposal of body - motivated by vengeance - acting as "executioner" - above mid-range

No remorse - depressive illness – some rehabilitation prospects.

HARDING

(57)

[2013] NSWSC 513

Garling J

PG

(25%)

27y

NPP 20y 3m

 Record for violence against women – breached bailSet alight

SNPP 20 years

Poured 250ml bottle methylated spirits over female lover confined to wheelchair and set her alight with cigarette lighter – spent afternoon with victim drinking wine – possibly motivated by jealousy - gratuitous cruelty in leaving house – spontaneous offence – criminality very high

Long history of alcohol abuse – acquired brain injury

STANI-REGINALD

(21)

[2013] NSWSC 567

Price J

PG

(no discount)

Murder

 

Agg sexual assault

 

Sched:

s.61J

45y

NPP 30y

 

 

15y

NPP 10y

(concurrent)

 Armed rob, assault with intent to rob, stalking, damage property by fireStrangulation

SNPP 20 years

Lived in neighbouring unit to victim (female aged 24y) – raped and strangled victim – placed body in suitcase then called taxi and took ride to outer area dumping suitcase in stormwater canal – had undertaken extensive internet searches of websites regarding rape, murder and serial offenders prior to committing offence – offence planned well before murder – worst case category

Difficult upbringing – father in jail for murdering offender's mother when he was young – no evidence of psychiatric illness - youth

KING

(27)

[2013] NSWSC 801

Bellew J

 

[2015] NSWCCA 99

VG

Murder

 

PG

s 35(2)

 

s 59(1)

32y

NPP 24y

 

 

FT 2y 6

 

FT 9m

 

Total:

33y 6m

NPP 25y 6m

ADSupply drug, possess firearm – breached bondAssault

SNPP 20 years

Bashed 18y ex-girlfriend - volatile and violent relationship – offender took ice and drank alcohol prior to offence – vicious, unprovoked and inhumane attack – victim suffered severe injuries – above mid-range

Rehabilitation – remorse.

LOVERIDGE

(18)

 

 

 

 

 

 

 

 

 

 

 

 

 

AB

(17)

[2013] NSWSC 1591

Adams J

 

 

 

 

 

 

 

 

 

 

 

 

(AB)

[2014] NSWCCA 339

VG

Murder

 

PG

s.112(3)

 

s.96

 

 

Recruit child to commit crime

 

Influence Witness

 

PG

Murder

 

s.112(2)

 

 

Intimidate

 

Sched:

Use postal service to threaten harm

45y

NPP 30y

 

10y

NPP 7y 6m

 

1y 8m

NPP 1y 3m

 

FT 3y

 

 

FT 3y

(all concurrent)

 

45y

NPP 30y

 

7y 6m

NPP 5y 6m

 

FT 2y

(all concurrent)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AD

Minor record – breached bond

 

 

 

 

 

 

 

 

 

 

 

 

 

Lengthy and violent record – breached probation – violent record in custody

Stabbing

Intent to kill

SNPP 20 years

Broke into neighbouring house at night – assaulted 87y female occupant with walking stick – made threats – stole property

Premeditated and unprovoked attack on three male strangers walking down the street – L slashed knife against neck of one male – knocked second male to ground – 'cowardly, sadistic, pitiless, deadly attack, stabbing and cutting him repeatedly' – left scene then returned to continue assault – attack included intent to torture – both represent danger to community – worst case

AB threatened girlfriend – L threatened witness

 

L – seriously deprived childhood affecting ability to make moral judgments – low intelligence – drug and alcohol abuse

AB – severely deprived childhood including violence – limited education – drug and alcohol abuse – no discount for guilty plea for murder offence

KEARNES (No.2)

(52)

 

 

Co-offender:

PATON [2014]

[2013] NSWSC 1652

Button J

VG

30y

NPP 22y 6m

 Dishonesty and violence offences including serious sexual offences

Shooting

Intent to kill

SNPP 20 years

Travelled to neighbouring town with co-offender to shoot male acquaintance in victim's home unit – not established who fired shots – murder instigated by offender – motive for shooting unclear

Suffered violence as a child – drug and alcohol abuse

KAINE

(50)

[2013] NSWSC 1824

RA Hulme J

VG

30y

NPP 22y 6m

 Violence, BES, damage property

Assault / stabbing

Intent to kill

SNPP 20 years

Mistakenly believed male aged 62 was paedophile – offender had suffered abuse as a child and had obsessive dislike for paedophiles – savage, sustained and unprovoked assault of disabled older man in his own home – small TV set smashed into victim's face while lying in bed – numerous stab wounds – blunt force trauma to face and head - mistaken vigilantism - serious example of offence

Some evidence of mental illness to slightly reduce importance of general deterrence - risk of future offending against other inmates

GIERCZYNSKI

(58)

[2013] NSWSC 1870

Adamson J

VG

Murder

 

s.33

28y

NPP 21y 4m

 

3y

NPP 2y 3m

 

Total:

28y 6m

NPP 21y 10m

 Assault on first wife in Poland

Stabbing

Intent to kill

SNPP 20 years

Physically and emotionally abused wife throughout long marriage – domineering and hypocritical husband - stabbed wife to death during argument – multiple stab wounds – stabbed son who came to defend mother – spontaneous offence – above mid-range

Suffering from morbid jealousy

MULVIHILL

(45)

[2014] NSWSC 443

Fullerton J

 

[2016] NSWCCA 259

VG

29y

NPP 22y

ADNil relevant

Stabbing

Intent to kill

SNPP 20 years

Stabbed estranged girlfriend in her home unit during sustained and violent struggle – careful planning – entered unit with intent to cause harm – history of obsessive behaviour and violence towards female partners

ROSS

(29)

[2014] NSWSC 707

Rothman J

 

[2016] NSWCCA 176

VG

40y

NPP 30y

ADBES - assault

Assault

Intent GBH

SNPP 25 years

Killed 2y daughter of de facto- mistreated child during two months prior to death – forced her into cold shower and hit her head against shower screen – kicked collapsed child forcing her head to hit linen cupboard – injured child left in pram unattended for night and day – unplanned and unpremeditated

Bipolar disorder and high-level personality disorder – heavy smoker of cannabis – difficult childhood – aboriginal but no relevant Fernando considerations – no remorse

RAWLINSON

(42)

 

 

Co-offender:

PROUD [2017]

SPICER [2015]

EVANS

[2014] NSWSC 979

Harrison J

VG

36y

NPP 27y

 Nil

Arson.

Joint criminal enterprise

SNPP 20 years

Principal and driving force behind plot to kill victim – in relationship with victim and also in secret relationship with E and manipulated E to believe they could not be together unless victim was killed – E and co-offender S set victim's home alight causing death - above mid-range objective seriousness – calculated planned offence – not present at fire

HILL

(33)

[2014] NSWSC 1010

Bellew J

PG

(10%)

27y 6m

NPP 20y 6m

 nil

Assault

Intent GBH

SNPP 25 years

Killed 2y son of de facto – physically abused victim over many months – fractured skull and gastric tear caused by two separate blows – significant force used – would have been aware of pain caused by first blow to stomach – second blow inflicted several hours later – spontaneous and unplanned – slightly above mid-range

Back injuries causing persistent pain - depression

CRAMP

(39)

[2015] NSWSC 271

Adams J

 

[2016] NSWCCA 305

VG

40y

NPP 30y

AA

34y

NPP 25y 6m

Record for violence

Stabbing

Intent to kill

SNPP 20 years

Attended former workplace during day and stabbed employee through neck severing spinal cord – motive for killing unclear – cut wires to security cameras in view of other employees

Affected by ice but not irrational - dangerous

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

SPICER

 

Co-offenders:

PROUD [2017]

RAWLINSON [2014]

EVANS [2014]

[2015] NSWSC 519

Harrison J

VG

32y

NPP 24y

 AOABH

Arson

Joint criminal enterprise

Intent to kill

SNPP 20 years

S and E set fire to victim's home throwing petrol while victim asleep – part of plan by co-offenders R and E to kill victim – S recruited – with E set fire to V's home alight causing V's death - considerable planning.

Dysfunctional upbringing.

MARTIN

[2015] NSWSC 521

Schmidt J

VG

27y

NPP 20y 3m

 assault, drugs, theft

Assault

intent to kill

SNPP 20 years

Killed victim who lived on isolated rural property – physical altercation where both affected by alcohol – smashed victim's head number of times with heavy concrete block – offence not planned above mid-range

Troubled youth – drug and alcohol abuse – supportive family – prospects of rehabilitation

CULLEN

(50)

[2015] NSWSC 768

Harrison J

VG

30y

NPP 22y 6m

 Nil in Australia – old record in England

Stabbing

Intent to kill

SNPP 20 years

Stabbed estranged wife – assaulted victim in garage of apartment block and forced her into boot of car – purchased fishing knives drove to reserve and fatally stabbed wife in frenzied and brutal attack – resentment and frustration over relationship breakdown – above mid-range

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

BILJUH

(42)

[2015] NSWSC 1917

Button J

VG

30y

NPP 22y 6m

 Minor record – no violence

Strangulation

Intent to kill

SNPP 20 years

Broke into home of mother in early hours of morning – strangled her and dragged body to granny flat behind house – covered face with duct tape to ensure death – body left for brother to find - carefully planned – attempted to lay false trail – well above mid-range

Difficult relationship with family – personal crisis

BREEN

(26)

[2015] NSWSC 1757

Mathews AJ

PG

(no discount)

Murder

 

Murder

 

Sched:

9 offences

34y

NPP 26y

 

 

37y

NPP 28y

 

Total

42y

NPP 33y

 Prior record for violence offences although only bonds

Stabbing

Intent to kill

SNPP 20 years

Left home angry and intoxicated and armed with hunting knife – threatened and assaulted partner and several strangers with knife in attempt to obtain car – obtained two cars at knifepoint – drove to grandparents' house with intent to kill but moved on – demanded gun from female friend at knifepoint – smashed way into father's house and stabbed him repeatedly in presence of 12y half-brother – pursued and stabbed father's partner multiple times in front of 7y daughter – police pursuit in car – trigger for offences unknown – previously expressed dark thoughts to mother – almost at top of objective seriousness but absence of pre-planning and prospects of rehabilitation

Harboured deep-seated anger and resentment towards family – long history of anger and impulse control – substance abuse – significant impact on children who witnessed murder – genuine remorse

DENT

(53)

[2016] NSWSC 444

RA Hulme J

 

[2017] NSWCCA 166

VG

Murder

 

Agg rob in comp

 

2 x contempt

 

Contempt

40y

NPP 30y

 

No penalty

 

FT 1y

 

FT 6m

 

Total:

42y

NPP 32y

Conviction ADExtensive record including murder as a 17y old – breached bail for drug offences

Assault

Constructive murder

SNPP 20 years

Joint plan between four offenders - victim lured by offender and co-offender to park for robbery – assaulted, clothing removed, hogtied and gaged with underpants by offender – dominant offender – intended GBH and did not care if died

Contempt offences – assaulted co-offenders in dock – threatened judge – sacked counsel and refused to proceed with trial

Institutionalised

MAYBIR (No.8)

(29)

[2016] NSWSC 166

RA Hulme J

VG

Murder

 

 

s.61O(2A)

 

3 x s.61

 

s.91H(2)

 

s.61

 

s.61

 

s.35(3)

 

 

s.91H(2)

 

s.59(1)

Indicative

38y

NPP 28y 6m

 

1y

 

2y (each)

 

2y

 

1y

 

1y 3m

 

4y

NPP 3y

 

1y

 

3y

 

Agg:

42y

NPP 31y 6m

 Breached bond imposed for breaching AVO

Assault

Intent GBH

SNPP 25 years

Lived with partner and her young children in small music studio – enforced physical discipline over many months particularly on 7y male victim suffering intellectual disability – cruel, degrading and inhumane treatment – victim died as result of blunt force trauma to head although exact manner of death unclear – failed to obtain medical treatment

TURNBULL (No.26)

(79 at offence, 81 at sentence)

[2016] NSWSC 847

Johnson J

VG

Murder

 

 

PG

(10%)

s.86(1)

Indicative

32y

NPP 22y

 

9y

 

Agg

35y

NPP 24y

 Unlawfully clear native vegetation

Shooting

Intent to kill

SNPP 20 years

Shooting of environmental officer – multiple shots and wounds – detained an environmental officer for purpose of killing another environmental officer - offences committed whilst criminal proceedings against offender before Land and Environment Court – intent to kill – substantial objective gravity

Suffering from adjustment disorder but not serious mental disorder – strong family support.

KHAN

(46)

[2016] NSWSC 1073

Fullerton J

VG

Murder

 

 

2 x Mansl

 

 

 

s.35(2)

 

 

s.35(4)

 

 

s.197(1)(b)

Indicative:

30y

NPP 22y

 

20y

NPP 15y

(each)

 

5y

NPP 3y 9m

 

2y 6m

NPP 2y 8m

 

4y

 

Agg

40y

NPP 30y

 Nil

Explosion

Reckless indifference

SNPP 20 years

Lessee of shop caused explosion intending to use insurance money to escape debts – killed male residing in unit above shop and mother and baby residing in unit above adjoining shop – two males also residing in unit above shop injured escaping explosion – manslaughter based on unlawful and dangerous act – murder above mid-range

ROFF

(51)

[2016] NSWSC 1151

Fagan J

 

[2017] NSWCCA 208

VG

Murder

 

Possess unauth weapon

 

Sched:

Failure to store weapons

32y

NPP 24y

 

$2000 fine

AA

25y

NPP 18y 9m

Old minor weapons offence

Method unknown

Intent to kill

SNPP 20 years

Pre-mediated and planned killing of partner of female co-offender – killed victim in order to openly establish relationship with co-offender – provided sleeping tablets to co-offender – entered house and killed victim in unknown way – disposed of body – aggravating factors: use of stupefying drug – in company – in home of victim – planned activity

Prior good character in face of difficult personal life – motivated by infatuation for co-offender – good prospects of rehabilitation – suffering chronic work injury

MURDOCH

(30)

[2016] NSWSC 1475

Mathews AJ

VG

Murder

 

Agg armed robbery

28y

NPP 21y

 

8y

 

Total:

30y

NPP 22y 6m

 Armed robbery, kidnapping, dishonesty.Shooting

SNPP 20 years

With co-offender robbed store – offender shot store employee during robbery at close range - motive to enable co-offender to escape after he had been lawfully captured - robbed second victim of a sum of cash while armed with pistol - above midline of objective seriousness.

Institutionalised - dysfunctional background – illiterate – drug abuse from young age - acquired brain disorder - substance abuse disorder - personality disorder

HAILE

(29)

[2016] NSWSC 1732

RS Hulme AJ

VG

32y

NPP 24y

 Possess unauthorised pistol and ammunition - possess of goods suspected stolen, supply drug – breached bond.Shooting

SNPP 20 years

Shot victim in back at night in car park – planned offence - joint criminal enterprise with co-offender who had previously been in relationship with victim – motive not clear and unusual - may have been $4,000 payment by co-offender to kill victim.

Refugee from Ethiopia – drug abuse - psychiatric disorder – earned high income as drug dealer.

DAVIS (No 2)

(26)

[2016] NSWSC 1785

RA Hulme J

VG

2 x Murder

 

 

 

Attempt murder

Indicative

30y

NPP 22y 6m

(each)

 

16y

NPP 12y

 

Aggregate:

40y

NPP 30y

 Nil

Injected with insulin

Intent to kill

SNPP 20 years

Nursing assistant injected aged care facility residents with insulin – vulnerable victims – extreme breach of trust - no specific motive known – callous offences – not spontaneous - well above midrange

Subjective circumstances do little to mitigate penalty - good character.

HAINES (No.3)

(46)

[2016] NSWSC 1812

Garling J

VG

2 x murder

Indicative

30y

NPP 22y 6m

(each)

 

Agg

36y

NPP 27y

 Minor drug possession

Injected with insulin

Intent to kill

SNPP 20 years

Female nurse at aged care facility injected two residents with insulin shortly after being advised they had made complaint about her care – caused coma – aggravated by being committed in 'home' of victim, abuse of trust and vulnerable victims – deliberate and calculated act but short term planning – no prolonged pain and suffering – significantly above mid-range

Difficult childhood – previous findings of misconduct as a nurse and subject to reporting conditions at time of offending

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

DROUDIS (No.16)

(33)

[2017] NSWSC 20

Johnson J

VG

44y

NPP 33y

 

Breached bail

 

Subsequently sentenced for offensive use of postal service

Stabbing and set on fire

Intent kill

SNPP 20 years

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

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

CRICKITT (No.2)

(56 at offence – 63 at sentence)

[2017] NSWSC 542

Hoeben CJ at CL

VG

27y

NPP 20y 3m

 Nil

Injected insulin

Intent to kill

SNPP 20 years

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

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

SINCLAIR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

EVANS [2017]

[2017] NSWSC 686

RA Hulme JA

PG

(15% plea and assist)

Murder

 

 

s.112(3)

 

 

PG

(35% assist and plea)

s.112(3)

 

3 x s.86(2)

Indicative:

30y

NPP 22y 6m

 

 

 

13y 6m

NPP 10y

 

 

 

12y

NPP 9y

 

8y 6m – 9y

 

Agg

38y

NPP 28y 6m

 Minor

Assault

Accessory

SNPP 20 years

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

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

All offences well above mid-range in seriousness

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

RHODES

(35)

[2017] NSWSC 964

Campbell J

PG

(25%)

Murder

 

Murder

 

 

Assault

 

Assault police

 

Sched:

Property damage

Resist arrest

Indicative

24y

NPP 18y

 

30y

NPP 22y 6m

 

14m

 

2y

 

Total:

40y

NPP 30y

 Violence against mother

Assault and stabbing

Intent to kill

SNPP 20 years / SNPP 25 years

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

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

LOCK

(27)

[2017] NSWSC 715

Latham J

VG

35y

NPP 27y

 MinorAssault

SNPP 25 years

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

F. QUAMI

(34)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

M.QUAMI

NK

[2017] NSWSC 774

Hamill J

VG

Murder

 

2 x s.33(1)(b)

(GBH/GBH)

 

Consp to murder

 

2 x Solicit

murder

 

Attempt murder

 

s.93G(1B) – fire at dwelling

 

3 x unauth poss firearm

 

Unauth poss firearm

 

Supply lge comm qty drugs

 

s.93T(4A) direct criminal group

 

VG

(at trial – 10% for offer)

Manslaughter

Indicative

45y NPP 33y 9m

 

10y NPP 7y 6m

(each)

 

12y NPP 9y

 

12y NPP 9y

(each)

 

12y NPP 9y

 

6y NPP 4y 6m

 

 

4y NPP 3y

(each)

 

6y NPP 4y 6m

 

 

6y NPP 4y 6m

 

 

8y

 

 

 

14y

 

Agg

60y

NPP 43y

 Lengthy record

Shooting

Joint criminal enterprise / intent to kill

SNPP 20 years

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

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

context of violent gangland war – co-offenders included brothers

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

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

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

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

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

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

No life sentence because of subjective features

M. QUAMI

(32)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

F.QUAMI

NK

[2017] NSWSC 774

Hamill J

VG

Murder

 

2 x s.33(1)(b)

 

 

Consp murder

 

Solicit murder

 

Solict murder

 

Attempt murder

 

3 x shoot with intent to murder

 

s.93G(1B) – fire at dwelling

 

2 x unauth poss firearm

 

Supply lge comm qty drugs

 

s.93T(4A) direct criminal group

 

VG

Manslaughter

 

 

 

 

 

PG

Contempt

Indicative

38y NPP 26y

 

8y NPP 6y

(each)

 

10y NPP 7y 6m

 

12y NPP 9y

 

10y NPP 7y 6m

 

10y NPP 7y 6m

 

12y NPP 9y

(each)

 

6y NPP 4y 6m

 

 

4y NPP 3y

(each)

 

4y NPP 3y

 

 

3y

 

 

 

12y

 

Agg

50y

NPP 36y

 

10m

(accumulated)

 Early record – seven year gap prior to these offences

Shooting

Joint criminal enterprise / intent to kill

SNPP 20 years

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

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

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

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

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

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

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

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

Contempt – violent attack on co-accused in court

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

PARK

(28)

[2017] NSWSC 873

Latham J

PG

(10%)

36y

NPP 27y

 Nil

Assault

Intent to kill

SNPP 20 years

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

Difficult childhood – remorse – moderate prospects of rehabilitation

WESTERN

 

 

 

 

 

 

Co-offender:

ROLFE [2017]

[2017] NSWSC 1385

Rothman J

VG

34y

NPP 25y 6m

 Significant

Shooting

Intent GBH

SNPP 20 years

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

Disturbed and abusive childhood – significant psychological issues

LN

(40)

 

AW

(45)

[2017] NSWSC 1387

(Johnson J)

VG

 

 

VG

44y

NPP 33y

 

40y

NPP 30y

 

Nil

 

 

limited

Assault

SNPP 25 years

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

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

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

VILLALUNA

(45)

[2017] NSWSC 1390

Beech-Jones J

PG

(15%)

Murder

 

Wound with intent GBH

34y

NPP 24y

 

 

12y

NPP 9y

 

Total:

40y

NPP 30y

 NilStabbing

NPP 20 years

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

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

Comparative cases

EVANS (No.3)

(25)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

SINCLAIR

[2017] NSWSC 1523

R A Hulme J

VG

Murder

 

 

s.112(3)

 

 

s.112(3)

 

 

2 x s.86(2)(a)

 

 

s.86(3)

Indicative

42y

NPP 31y 6m

 

18y

NPP 13y 6m

 

20y

NPP 15y

 

13y

(each)

 

14y

 

Total:

48y

NPP 36y

 Assault, AOABH, damage property

Assault

intent to kill

NPP 20 years

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

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

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

TERKMANI

(21)

[2017] NSWSC 1567

McCallum J

VG

Murder

 

 

s.61J

Indicative

40y

NPP 30y

 

20y

NPP 15y

 

Agg

45y

NPP 33y

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

Assault

Intent to kill

NPP 25 years

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

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

POPOVIC

 

 

 

 

Co-offender:

KOLOAMATANGI

[2017] NSWSC 1631

N.Adams J

VG

34y

NPP 26y

 Lengthy record including firearms offence – breached parole for4 manslaughter shooting

Shooting

Intent to kill

NPP 20 years

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

Dysfunctional childhood

BARRETT

(27)

[2017] NSWSC 1802

Wilson J

PG

(discount not appropriate)

Murder

 

Kidnapping s.86

 

3 x Act indecency s.61N

 

Sched:

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

40y 6m

 

 

 

 

9y

 

13m

(each)

 

Total:

46y

NPP 34y 6m

 NilStabbing

NPP 20 years

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

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

MARTIN

(25)

[2018] NSWSC 84

Hamill J

VG

Murder

 

 

s.27

 

 

s.33

Indicative

32y

NPP 24y

 

15y

NPP 11y 3m

 

8y

NPP 6y

 

Agg

37y

NPP 27y 9m

 No significant recordStabbing

NPP 20 years

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

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

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

Childhood neglect and abuse at hands of father - depressive illness

JK

(31)

[2018] NSWSC 250

Hamill J

PG

Murder

 

Sched:

Inflict GBH

37y 6m

NPP 28y

 MinorAssault

NPP 25 years

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

Insight and remorse demonstrated - longstanding depression.

CARBONE

(26)

[2018] NSWSC 331

Mathews AJ

VG

28y

NPP 21y

 Minor

Shooting / stabbing

Joint criminal enterprise

intent to kill

NPP 20 years

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

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

BOYD

(53)

[2018] NSWSC 380

Lonergan J

PG

(10%)

Murder

 

s 33(1)(a)

 

 

s 51B(1)

30y 6m

NPP 22y 6m

 

 

6y 3m

NPP 5y 3m

 

18m

 

Total:

33y

NPP 25y 6m

 Assault – breached bond

Stabbing

Intent to kill

NPP 20 years

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

Alcohol and anger issues – some little prospect rehabilitation

CLIFF (No.6)

(29)

[2018] NSWSC 587

Campbell J

VG

Murder

 

 

PG

Agg BES

 

Stealing

30y

NPP 22y

 

 

 

3y

 

1y

 

Total:

32y

NPP 24y

 Not serious -property, driving, assaultStabbing

NPP 25 years

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

Ongoing drug abuse – depressive symptoms

HOMANN

(36-37)

[2018] NSWSC 757

McCallum J

VG

30y

NPP 22y 6m

 priors including violence

Stabbing

Intent to kill

NPP 20 years

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

MEDICH (No. 43)

(70)

[2018] NSWSC 886

Bellew J

VG

Murder

 

Intimidation

36y

NPP 27y

 

4y 6m

 

Total:

39y

NPP 30y

 NilShot

NPP 20 years

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

GATT (No.11)

(23)

 

 

 

 

Co-offender:

BORG

[2018] NSWSC 991

Schmidt J

VG

28y

NPP 21y

 breached conditional liberty – violence and drug offences

shooting

accessory

NPP 20 years

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

Totality to existing sentences

GOODBUN

(60)

[2018] NSWSC 1025

Wilson J

PG

(25%)

Murder

 

Contravene DVO

 

Use unreg firearm

 

AOABH

40y 6m

 

 

 

1y 6m

 

 

1y 6m

 

 

1y 6m

 

Total:

41y 6m

NPP 31y 1m

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

shooting

intent to kill

NPP 20 years

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

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

Last Updated: 9.7.2018

 

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