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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

Victim Police Officer

Standard non-parole period (offences committed on or after 1.2.2003) - 25 years 

NAME
(age if known)

DATEPLEASENTENCEAPPEALRECORDHOW KILLEDINVOLVEMENT AND SUMMARY

ADAM

(33)

[1999] NSWSC 144

Wood CJ at CL

 

(1999) 47 NSWLR 267

[1999] NSWCCA 197

VG

MT 21y

AT 7y

AD

AOABH

stabbing / assault

joint criminal enterprise

Group bashing of off duty police officer outside hotel.

HEARNE

(19)

[1999] NSWSC 605

Wood CJ at CL

 

(2001) 124 A Crim R 451

[2001] NSWCCA 37

PG

Murder

 

 

Mal wound W/I to do GBH

MT 20y

AT 7y

 

 

FT 6y

(concurrent)

AA

18y

NPP 13y

 

FT 6y

 

Total:

21y

NPP 16y

insignificant

stabbing

intent GBH

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

Remorse - surrendered self to police - youth.

HOLTON

(25)

[2002] NSWSC 775

Davidson AJ

 

[2004] NSWCCA 214

VG

Murder

 

Sched:

5 lesser offences

16y

NPP 12y

Crown AD

extensive, although nothing as serious

driving

reckless indifference

While driving stolen vehicle passenger committed bag snatch - subsequently became involved in high speed police pursuit - struck police officer attempting to stop car by placing road spikes and stick on road

Troubled childhood - sexually assaulted – remorse

PENISINI

(24)

[2003] NSWSC 892

Wood CJ at CL

 

[2004] NSWCCA 339

PG

Murder

 

Unauth use of firearm

 

Car jacking

34y

NPP 23y

 

FT 5y

 

 

FT 6y

 

Total:

36y

NPP 25y

Crown AD

Serious violent offences – breached parole

Shooting

Intent to kill

Deliberate shooting of police officer during attempt to apprehend stolen car containing four offenders – fired five shots through driver window of police car – attempted to take second car at gunpoint to facilitate escape – no premeditation or planning

Tongan – genuine remorse – element of dangerousness to community

Co-offenders M and J Taufahema sentenced for manslaughter

JACOBS (No.9)

(49)

[2013] NSWSC 1470

Button J

VG

Life

 

Lengthy - driving, multiple AR.

Shooting

Intent to kill

SNPP 25 years

Shot police officer – victim followed offender in police vehicle suspecting offender driving disqualified – both stopped then offender shot victim in chest at close range (3 metres) – motive unable to be determined.

Drug abuse – learning difficulties as child.

M BARBIERI

(19)

[2014] NSWSC 1808

Hulme J

 

[2016] NSWCCA 295

PG

(15% on appeal)

 

Sched:

4 offences

35y

NPP 26y

AA

21y 3m

NPP 15y

nil

Stabbing

Intent to Kill

SNPP 25 years

Male lived with mother on rural property - relationship with neighbour became antagonistic – fired crossbow at workers on neighbour's property – siege developed between police and offender and mother – attacked police with knife and sledgehammer – police officer fatally stabbed - mother was dominant offender

Mother pleaded guilty to manslaughter

Mother suffered serious mental illness causing paranoia and social isolation for both offenders – offender also developed serious mental illness - mandatory life sentence does not apply because of serious cognitive impairment

Last Updated: 25.6.2018

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