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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

Record for Killing

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

CAMERON

(37)

NSWSC

Newman J

16.10.1992

VGLife two prior murdersassault

Lured female through radio ad for relationship – assaulted victim and she drowned in her blood

Similar offence committed previously

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.

BERGER

(47)

NSWSC

Finlay J

21.3.1995

VG

MT 21y

AT 7y

 two manslaughter

assault

intent to kill

Killed de facto wife after argument - smashed wine bottle over head

SMITH

(53)

NSWSC

Simpson J

10.9.1998

 

[2000] NSWCCA 202

VGLifeADlengthy, including murder

shooting

intent kill

Drove victim to Botany Bay, shot and buried him - took large amount of money from victim - victim was threatening offender's corrupt relationship with police - premeditated and planned killing.

NGUYEN

(22)

[2000] NSWSC 1177

Whealy J

PG

(15%)

Murder

 

Escape

18y

NPP 9y 6m

 

 

18m

NPP 6m

 

Total:

19y 6m

NPP 10y

 history for violence - offence committed awaiting trial for murder and manslaughter

stabbing

intent kill

Inmate stabbed to death by other inmates with scissors - over 60 wounds inflicted - spontaneous attack in retaliation for rape by victim perpetrated several weeks prior to killing.

Unhappy and deprived childhood - chronic depression.

Sentence partially concurrent to existing sentence

NSWSC, Kirby J, 29.10.1998 (murder)

NSWSC, Kirby J, 20.11.1998 (manslaughter)

Total 30y NPP 21y

FERNANDO

(31)

[2001] NSWSC 294

Howie J

PG

(Head sentence reduced by 10 years)

30y

NPP 22y

 serving life sentence for murder and sexual assault

stabbing

intent to kill

Stabbed cousin in prison with scissors blade - angered by cousin's assistance to police in relation to earlier murder

BOND

(51)

[2001] NSWSC 1059

James J

VG

30y

NPP 25y

 substantial - on parole at time of offence for manslaughter of female

stabbing

intent to kill

Stabbed 30y girlfriend three times at her home - not premeditated - no apparent motive - no history of violence in relationship - not pre-armed - severe attack

Previous manslaughter of female a significant aggravating circumstance.

MILES

(27)

[2002] NSWSC 84

Hidden J

 

[2002] NSWCCA 276

PG

25y

NPP 19y

Crown AA

Life

murderstabbing

Serving jail sentence for murder of girlfriend in 1990 when 18 years of age - escaped from prison to be with new girlfriend - found her with another male - stabbed her in presence of her children.

Had been model prisoner.

TNT

(16 at time of offence

22 at time of sentence)

[2002] NSWSC 537

Hidden J

PG

(50%)

10y

NPP 6y

(cumulative to earlier sentence for murder)

 

Total:

23y 3m

NPP 14y 3m

 

Sentenced one month earlier for unconnected murder committed 8 days earlier

 

[2002] NSWSC 394

Stabbing

Accessory

With 2 co-offenders took 18y victim from coffee shop to nearby street and assaulted him - V tied up in house then taken to garage - further assaults committed in garage - V stabbed in throat by co-offender in absence of offender

Disturbed childhood - at time of killings involved in gang and under influence of co-offender - drawn into serious life of crime - subsequent to killings left gang and seriously assaulted - moved interstate with pregnant girlfriend - evidence of good character - volunteered guilt - assistance to authorities

KANAAN

(23)

[2002] NSWSC 774

Wood CJ at CL

 

[2006] NSWCCA 109

VGLifeADServing life sentence for 2 murders - breached bond

shooting

intent to kill

Accessory before fact

Gangland killing of notorious and vicious principal in extensive criminal organisation involved in drugs and protection by associates – victim gunned down in car by K and M - E acted as lookout, advising shooters of victim's movements - motive was to improve offender's own criminal activities - use of firearms an aggravating circumstance

Principal - hardened criminal

HORE

(34)

 

 

 

Co-offender: FYFFE

[2002] NSWSC 749

Barr J

 

[2005] NSWCCA 3

VGLifeADmurder - poor prison record - continued violenceassault

Carefully planned execution of fellow prisoner in prison - sandstone block dropped on head of victim several times- extensive and horrendous injuries - 3 offenders involved although cannot identify precise role of each - no evidence as to motive

Anti-social personality traits

SIEVERS

(58)

[2002] NSWSC 1257

Sully J

 

(2004) 151 A Crim R 426

[2004] NSWCCA 463

VGLifeADserious record for violence - shooting murder of estranged wife

stabbing

intent GBH

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

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

NGUYEN

(17 at offence)

 

 

 

Co-offender:

TRAN

PHAM

[2002] NSWSC 1261

Sully J

VG

17y 38w

NPP 11y 38w

(cumulative to existing sentences – see facts)

 appalling record for violence - includes murder and manslaughter

shooting

intent to kill

(1996) Execution in context of gang involvement - victim taken to oval by offenders at night and shot four times by co-offender

Traumatised childhood - serious depression - Serving sentences for

Murder: 29.10.1998 Kirby J

Manslaughter: 20.11.1998 Kirby J

Murder: [2000] NSWSC 1177

Total sentence 31y NPP 25y

SULLIVAN

(51)

[2010] NSWSC 755

Fullerton J

 

[2012] NSWCCA 41

VG

25y

NPP 18y 9m

ADManslaughter - possess drugs -  dishonesty

Stabbing

Intent to kill

SNPP 20 years

Supplied drugs to victim – believed victim had stolen his wallet – stabbed victim to chest - not premeditated in sense of being planned in advance, but intended to confront victim – Mid-range offence.

Mental health - brain damage had some causal connection with offence - behavioural and personality dysfunction - tendency to violence and unrestrained hostility when crossed – previously convicted of manslaughter diminished responsibility (where victim stabbed over unpaid rent).

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

DEBS

(42 at offence)

[2012] NSWSC 119

RS Hulme J

VGLife Lengthy – serving life sentences for subsequent murders in Victoria

Shot

Intent to kill

(1995) Shot female prostitute in head after having sexual intercourse in remote area – no sign of struggle – demonstrates inhumanity and cold bloodedness – no normal or rational motive - an exercise of power or for some thrill or satisfaction

Debs [2003] VSC 30 – two police officers in 1998

Debs [2007] VSC 220 / [2008] VSCA 240 – killing of prostitute in similar circumstances in 1997

SUTCLIFFE

(40)

 

 

 

 

Co-offenders:

HOSKINS

MOULDS

[2013] NSWSC 715

Grove AJ

 

[2014] NSWCCA 208

VG

16y

NPP 12y

Conviction ADManslaughter

Stabbing

Intent GBH

Joint criminal enterprise

SNPP 20 years

Joint criminal enterprise -  confrontation over victim's belief that offenders were responsible for damaging prized motor vehicles – victim arrived armed with gun and discharged shots – all three offenders chased and assaulted victim - S inflicted stab wound – provocation

Family – young child

Fourth offender Brown convicted of manslaughter

HINES (No 3)

[2014] NSWSC 1273

Hamill J

VG

 

Sched:

2 x AOABH

24y

NPP 16y 6m

 Murder, agg sexual assault, assault

Stabbing

Intent GBH

SNPP 20 years

Single stab wound to chest – argument with male – substantial degree of provocation by victim – abuse and threats – no premeditation.

Deprived background – early exposure to alcohol - previous murder of partner committed in 1994 - significant risk of committing further offences if return to similar patterns of drinking - some prospects of rehabilitation.

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

SLOANE

(66)

[2017] NSWSC 152

(WilsonJ)

VG

24y

NPP 18y

 

Manslaughter of mother in law -

other violence offences – breached bond for AVO offences

Stabbing

Intent to kill

SNPP 20 years

Motive and circumstances of killing unclear – acrimonious relationship developed between offender and previous neighbours – walked uninvited into house and left with adult female victim – infer victim left under compulsion – took victim to nearby reserve and inflicted 16 stab wounds

Suffering bi-polar and other mental health issues – some reduction in culpability – former soldier

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

DE BEYER

(50)

[2017] NSWSC 1700

Hidden AJ

VG

25y

NPP 19y

 Sporadic – several breaches of AVO and stalking offences – murder breached AVO

Stabbing

Intent GBH

NPP 20 years

Single stab wound to abdomen of wife during argument – circumstances of stabbing unknown – attempted to cover up act

Troubled although lengthy relationship with alcohol and drug abuse – domestic violence – troubled and violent childhood

Last Updated: 25.6.2018

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