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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

Strangulation / Suffocation

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

VEITCH

(24)

NSWSC

Hunt J

19.3.1991

PG

MT 12y

AT 6y

 nil

strangulation

intent kill

Strangled and bashed sister with brick when she resisted attempt at sexual intercourse.

MIDDIS

(30)

NSWSC

Enderby J

6.5.1991

PG

(day 7 of trial)

MT 12y

AT 3y

 minor

strangulation

intent kill

Strangled wife - degree of provocation.

Intellectually handicapped - gave evidence for Crown.

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.

BOSSIE

(22)

NSWSC

Studdert J

16.4.1992

PG

(after 4th day of trial)

Murder

 

Sexual ass

MT 14y

AT 6y

 kidnapping, sexual assaultstrangulationBashed, sexually assaulted & strangled young woman.

MASSINGHAM

(29)

NSWSC

Enderby J

20.5.1992

PG

MT 12y

AT 4y

 nil

strangulation

intent kill

Entered house on pretext of having sex but killed victim in response to dreams.

Severely depressed.

KNOWLSON

(18y 9m)

 

PERKINS

(18y 3m)

NSWSC

Enderby J

21.5.1992

 

PG

 

 

PG

MT 12y

AT 6y

 

MT 8y

AT 7y

 prior offences

strangulation / stabbing

intent kill

Premeditated killing of old man

K dominant offender

P suffering brain damage from petrol sniffing and intellectual disability

SHARPE

(19)

NSWSC

Wood J

10.9.1992

PG

MT 10y

AT 8y

 minor - disregarded

assault and strangulation

intent GBH

Went to aunt's home in early hours of morning to sexually assault her - struck her with poker and strangled with cord.

DAVISON

(19)

NSWSC

Wood J

11.9.1992

PG

MT 13y 5m

AT 7y

 nilstrangulation / stabbingKilled girlfriend – assault causing fractures to head - set body alight after death

BAWDEN

(22 at offence)

(40 at confession)

NSWSC

Mathews J 30.10.1992

PG

MT 8y

AT 7y

 priors but nil violencestrangulationConfessed to murder of woman years after woman's husband had served a long sentence for murder – victim assaulted in own home

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.

LETT

(32)

NSWSC

Ireland J

4.3.1994

 

NSWCCA 27.3.1995

VG

MT 19y 6m

AT 6y 6m

ADnil

strangulation and car

intent kill

Abducted 6y boy - strangled victim with underpants, threw victim out of car then ran over him with car

Diminished responsibility rejected

MALONE

(30)

NSWCCA

20.4.1994

VG

MT 15y

AT 5y

Conviction ADlengthy - BES, possess weapon, escapeassault / strangulation and drowningVictim tortured for bank pin - thrown in lake with weights

FOWLER

(23)

NSWSC

Blanch J

27.5.1994

VG

MT 8y

AT 4y

  

strangulation

common purpose robbery

During robbery of taxi driver co-offender strangled victim with cord of handset
LOBLEY

NSWSC

Finlay J

22.3.1995

PG

MT 10y

AT 6y

 MinorstrangulationStrangled 6y girl after caught masturbating

NIXON

(35)

NSWCCA

31.10.1995

PG

MT 13y 6m

AT 4y 6m

ADrecord of violencestrangulation

During argument with ex-girlfriend in bushland strangled her, leaving her in shallow grave

Initial denial but then admitted killing when no other evidence - intoxicated by drugs & liquor - distressed by end of relationship

WADE

(45)

NSWCCA

26.2.1996

VG

MT 14y

AT 4y 8m

AD strangulationKilled female flatmate - sexual element
WHITE

NSWSC

Hidden J

11.10.1996

VG

MT 10y

AT 5y

 minor assault and strangulation

Attack resulted from "passion arising from relationship".

Schizophrenic.

PANTOJA

(29)

NSWSC

Barr J

5.3.1997

 

NSWCCA

5.11.1998

VG

MT 13y 6m

AT 4y 6m

ADnil

assault / strangulation

intent kill

Murdered wife and sexually assaulted sister-in-law - motivated by sexual passion for sister-in-law.
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.

MOFFATT

(36)

[1999] NSWSC 362

Kirby J

 

(2000) 112 A Crim R 201

[2000] NSWCCA 174

VG

MT 6y

AT 5y

Conviction ADminor alcohol related

strangulation

intent GBH

Strangled acquaintance during drinking session - provoked by insults and intoxicated – not premeditated

Genuine remorse – alcoholic

SHORT

[1999] NSWSC 430

Sully J

 

[2000] NSWCCA 462

VG

Murder

 

 

Rob with violence

 

AOABH

MT 16y

AT 4y

 

 

FT 4y

 

 

FT 2y

(concurrent)

Crown AA

24y

NPP 18y

 

FT 4y

 

 

FT 2y

(concurrent)

minor violence

strangulation

intent kill

Strangled 21y female after leaving nightclub late at night and buried in sandpit - assaulted and robbed two other girls who had left night club.

Dysfunctional personal history.

LEUNG

[1999] NSWSC 1108

Hulme J

VG

MT 14y

AT 4y

  

strangulation

intent kill

Strangled wife during argument at home.

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.

MCGRATH

(21)

[2000] NSWSC 419

Grove J

 

[2002] NSWCCA 207

PG

18y

NPP 13y 6m

ADnot serious

assault / suffocation

intent kill

Bashed then suffocated victim with wet tea towel after learning victim accused of sexual assault on friend's daughter - travelled to home of victim with intention to execute in vigilante type vengeance

P HELMHOUT

(31)

 

 

M HELMHOUT

(37)

[2000] NSWSC 651

Bell J

 

(2001) 125 A Crim R 257

[2001] NSWCCA 372

(M. Helmhout)

VG

 

 

 

VG

18y

NPP 13y 6m

 

 

18y

NPP 13y 6m

 

 

 

 

Conviction AD

relatively minor - violence and alcohol related

 

more serious including dangerous act causing death

strangulation

intent kill

Strangulation of 47y male friend - offenders and victim under influence of alcohol and marijuana following funeral earlier that day for offender's brother - angered by victim's continued reference to deceased brother - perceived lack of sensitivity to aboriginal culture - various acts of degradation performed on body after death and dumped in nearby bush.

PARK

(30)

NSWSC

Sperling J

3.8.2000

 

[2003] NSWCCA 203

 

[2003] NSWCCA 142

VG

Murder

 

Murder

 

Murder

26y

NPP 19y 6m

 

FT 15y

 

FT 15y

 

(all concurrent)

Conviction AD

 

Crown AD

 

suffocation

intent kill

Suffocated wife and two infant children and dumped bodies in bushland - highly charged emotional state at time of killing.

Some remorse - admissions shortened trial - protective custody

KANE

(16 at offence - 26 at sentence)

[2000] NSWSC 1061

Barr J

 

[2001] NSWCCA 150

VG

10y 6m

NPP 8y 8m

Crown ADminor

suffocation

intent kill

(1990) With co-offender bashed male school teacher in his home with baseball bat - victim suffocated after being tied up with plastic bag taped over head - believed co-offender had been raped by victim

Retrial - return to prison particularly stressful

VALERA

(19)

[2000] NSWSC 1220

Studdert J

 

[2002] NSWCCA 50

VG

2 x murder

LifeADnil

assault / strangulation

intent kill

Bashed to death 59y male in own home then mutilated body - random killing - two weeks later bashed and strangled 68y male in own home and mutilated body - nothing to mitigate killing.

Physically and verbally abused by father throughout childhood - mother left home when offender aged 3.

CIKOS

[2001] NSWSC 35

Dunford J

PG

(10-15%)

3 x Murder

21y

NPP 15y 6m

(each / concurrent)

 nil

suffocation / assault

intent to kill

Killed de facto and sons aged 4 years and 18 months old - passive man who endured months of aggression and abuse at hands of dominant de facto wife - reacted to de facto's ultimatum that he kill de facto's friend by certain date.

Genuine remorse - strict protection

EBNER

(29)

[2001] NSWSC 421

Adams J

PG

(15%)

 

Sched:

Break & enter

Assault w/i to rob

18y

NPP 13y

 prior record - on bail for stealing at time of offence

Strangulation

intent to kill

Strangled female flatmate to steal heroin - hid body in wardrobe - took shot of heroin with girlfriend and attempted to sell victim's property - dumped body in nearby laneway.

Limited insight and remorse - protective custody - bleak prospects of rehabilitation.

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

PRIOR

[2002] NSWSC 56

Grove J

PG

(20%)

16y

NPP 12y

 prior convictions for drug offencesassault and strangulation

Bashed and strangled estranged wife to death when she ended relationship - buried in shallow grave.

Serious and long term drug addiction

MERRITT

(30)

[2002] NSWSC 1159

Greg James J

 

(2004) 146 A Crim R 309

[2004] NSWCCA 19

PG

(15% on appeal)

3 x Murder

Life

AA

24y

NPP 18y

 

24y

NPP 18y

 

24y

NPP 17y

 

Total:

34y

NPP 27y

minor

suffocation

intent to kill

Father killed his 3 children aged 11w, 11m and 6y on custody visit - no explanation for killing - incomprehensible action - no evidence of mental disorder

Insufficient weight given to depressive state – sentence patterns show life not imposed in cases of parents murdering children.

RITCHIE

(55)

[2003] NSWSC 864

Barr J

VG

15y

NPP 11y 9m

 Nil relevantsuffocation

Suffocated elderly mother – hid body in bush and claimed mother had wandered off – under stress of caring for dying mother – gross breach of trust – only issue at trial was mental health

Good prospects of rehabilitation – ill health

FOLBIGG

(36)

[2003] NSWSC 895

Barr J

 

(2005) 152 A Crim R 35

[2005] NSWCCA 23

 

 

 

 

 

 

 

[2007] NSWCCA 371

VG

Murder

 

Murder

 

Murder

 

 

Manslaughter

 

Intentionally inflict GBH

18y

 

 

20y

 

22y

NPP 12y

 

FT 10y

 

FT 14y

 

Total:

40y

NPP 30y

Sentence AA

18y

 

20y

 

22y

NPP 17y

 

FT 10y

 

FT 14y

 

Total:

30y

NPP 25y

 

Conviction AD

Nil

Suffocation

Intent to kill

Mother killed four babies over ten years – suffocated each child in spontaneous burst of anger – earlier attack on second child caused blindness

Seriously psychologically damaged by early neglect and physical and sexual abuse – protective custody

On appeal: error in accumulation and overall sentence crushing – comments on public opinion

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

MS

(17)

[2004] NSWSC 730

Dunford J

VG

17y

NPP 11y

 Lengthy record including common assault and mal wounding

Strangulation

Intent to kill

Killed 15y girlfriend by strangling her with shoelaces – relationship marked by violence towards victim

Aboriginal – physically abused and dislocated throughout childhood – alcohol and drug addiction – good prospects of rehabilitation

KISELJEV

(66)

[2004] NSWSC 1030

Dunford J

PG

20%

16y

NPP 11y

 NilAsphyxiation

Killed young wife during argument by assaulting her with shoe and asphyxiating with cloth over mouth – unhappy and dysfunctional marriage – element of provocation – spontaneous

Croatian – remorse – prior good conduct

KEIR

  1. / (45)

[2004] NSWSC 1194

Campbell AJ

 

[2007] NSWCCA 149

VG

22y

NPP 16y

Conviction AD

Nil relevant

(NB acquitted of murdering second wife)

Strangulation

Intent to do GBH

Probably strangled wife - body found in backyard - obsessed and jealous towards wife - made threats and violent - angered by wife's attempt to leave – lied about wife leaving him

Third trial – application of Gilmore principle

Earlier trials:

[2000] NSWSC 111

(2002) 127 A Crim R 198 (NSWCCA)

[2003] NSWSC 140

(2003) 144 A Crim R 468 (NSWCCA)

CLEVERLY

(18)

[2004] NSWSC 1279

Mathews AJ

 

[2007] NSWCCA 169

VG

 

Sched:

Agg kidnap

Att pervert course of justice

24y

NPP 18y

Conviction ADNilStrangulation

Strangled aunt in her home – possibly motivated by financial gain – premeditated – higher end of range

Brain injury at least affected judgment.

COULTER

(41)

[2005] NSWSC 101

G. James J

PGLife Nil

Suffocation

intent to kill

SNPP 20 years

Killed 11y daughter of cousin – planned to kill so would be forced to commit suicide – smothered victim in her home – took body to bushland and grossly mutilated body before genuine attempt at suicide – carefully planned

Suffering severe depression, pervasive and intrusive violent thoughts and obsessive compulsive disorder

PERRY

(48)

NSWSC

Newman AJ

28.4.2005

 

(2006) 166 A Crim R 383

[2006] NSWCCA 351

PG

Murder

 

 

2 x Agg Indecent Ass

 

(discount increased to 25% on appeal)

25y

NPP 18y 9m

 

 

6y

NPP 4y 3m

(each)

 

Total:

25y

NPP 20y 9m

AA

23y 8m

NPP 18y 5m

 

4y 9m

NPP 3y 7m

(each)

 

Total

25y

NPP 19y 9m

Lengthy and serious record – includes arsonAssault / Strangulation

SNPP 20 years

Became angry with girlfriend and assaulted and strangled her – sexually assaulted corpse – defiled body with sexual toys and faeces – indecently assaulted victims 7y daughter – voluntary confession to police – impulsive offences

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

WEIGHTMAN

(20)

 

 

 

 

Co-offender:

DONAI [2008]

[2005] NSWSC 1354

Hidden J

PG

(combined 30%)

2 x Murder

25y

NPP 19y

(each)

 

Total:

28y

NPP 22y

 Minor

Asphyxiation

Intent to kill

Killed adoptive parents for financial reasons – planned killing with co-offender – victims sedated in own home and smothered – bodies placed in car crash scene – co-offender killed mother – assisted in killing of father

Early stages of mental illness at time of offences – influenced by drugs and co-offender – favourable prospects of rehabilitation

VERSLUYS

(32)

[2006] NSWSC 188

Newman AJ

 

[2008] NSWCCA 76

 

[2014] NSWCCA 98

VG

26y 8m

NPP 20y

AD

 

 

 

 

 

AA

23y 6m

NPP 17y 6m

Priors – no violence

Strangulation

Intent GBH

SNPP 20 years

Strangled girlfriend during argument – prior threats – not premeditated

Difficult and abusive childhood

MATHESON

(21)

[2006] NSWSC 332

Mathews AJ

 

[2015] NSWCCA 108

VG

27y

NPP 18y

AA

25y

NPP 18y

NilStrangulation

SNPP 20 years

Strangled ex-girlfriend – hid body in cricket bag – premeditated – brutal and cruel killing

Suffering mental disorder affecting imprisonment

CCA appeal – Muldrock error

ANDERSON[2006] NSWCCA 156VG

17y

NPP 11y

AD Strangulation

(1995) strangled husband with cord and buried him under house – premeditated offence

Deteriorating health – advanced age – two trials

IMNETU

[2006] NSWCCA 203

 

[2014] NSWCCA 99

VG

26y 6m

NPP 20y

AD

 

 

 

AD

(Muldrock)

 

Strangulation

Joint criminal enterprise

SNPP 20 years

Assisted primary offender in killing of male acquaintance – victim dosed with heroin, assaulted and strangled in own home – offender acted as lookout and helped dispose of body

MENCARIOUS

(37)

[2006] NSWSC 719

Grove J

 

(2008) 189 A Crim R 219

[2008] NSWCCA 237

 

[2014] NSWCCA 104

VG

26y 8m

NPP 20y

AD

 

 

 

 

 

 

 

 

AD

Nil

Asphyxiation

Intent to kill

SNPP 20 years

Attacked wife with bottle – history of violence – middle range offence

CHRISTOV

(52)

[2006] NSWSC 1179

Kirby J

 

[2009] NSWCCA 168

VG

23y

NPP 17y

ADViolence

Strangulation

Intent to kill

SNPP 20 years

Strangled ex-girlfriend during struggle in victim's home– angered at break up – mid-range

Remorse – protective custody – reasonable prospects of rehabilitation

JOYCE

(37)

[2007] NSWSC 218

James J

VG

 

Sched:

3 firearms offences

21y

NPP 16y

 Minor and old

Strangulation

Intent to kill

SNPP 20 years

Strangled estranged wife during argument – drowned in pool – spontaneous offence – below mid-range

Protective custody

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

HUYNH

(26)

[2007] NSWSC 409

Buddin J

VG

Murder

 

PG

Demand money with menaces

22y

NPP 16y

 

 

FT 6y

 

Total

24y

NPP 18y

 MinorStrangulation

SNPP 20 years

Involved in kidnapping of female student – body found in boot of car, strangled, several days later – made financial demands to victim's father – circumstances of killing unclear – killing not premeditated

Vietnamese born – isolation – good prospects of rehabilitation – ill health – protective custody

KALIYANDA

(41 – 51)

[2007] NSWSC 393

Grove J

 

[2007] NSWCCA 300

VG

20y

NPP 14y

ADNo significant prior convictionsAsphyxiation

(1997) Killed female acquaintance in flat by strangulation or smothering – body wrapped and left under bed covering – body not discovered for 17 days – used victims credit card to steal money – circumstances and motive for killing unclear

Poor health

BUNCE

(37 at offence) – (47 at sentence)

[2007] NSWSC 469

Price J

 

[2009] NSWCCA 281

PG

(25%)

24y

NPP 18y

ADCriminal record

Strangulation

Intent to kill

(1997) - Strangled sister-in-law – victim tied to bed in preparation for voluntary pornographic video – voluntary sexual intercourse - carefully planned offence – intent to kill prior to travelling to house – revenge – high degree of criminality

Psychopathic personality

FLEMING

(30)

[2007] NSWSC 673

Studdert J

VG

21y

NPP 16y

 One prior for rape in 1976Strangulation

(1984) - Predator took female walking home from car at night – strangled then sexually assaulted body

Physical disability including amputated leg – serious personality disorder

LEA-CATON

(28)

 

 

 

 

 

 

 

Co-offender:

SNIBSON [2008]

[2007] NSWSC 1294

Buddin J

PG

(combined 40%)

2 x Murder

 

2 x Sp agg kidnapping

18y

NPP 12y 6m

(each)

 

 

FT 5y

(each)

 

Total:

22y

NPP 16y 6m

 Record

Suffocation / Strangulation

Joint criminal enterprise

SNPP 20 years

Assisted two co-offenders in detainment and murder of husband and wife – victims lured to house, assaulted and hog-tied – female suffocated by female co-offender and male strangled by male co-offender – assisted in disposing of bodies and car – principal in second degree

Voluntarily surrendered to police - assistance to authorities – brain damage and psychological problems resulting from motor cycle accident

Third co-offender, Flentjar, sentenced only for kidnapping offences

SHEPHERD

(36)

[2007] NSWSC 1416

Hidden J

PG

(20%)

19y

NPP 14y

 Not significant

Strangulation

Intent to kill

SNPP 20 years

Strangled female friend in her home – circumstances and motive for offence unclear – spontaneous offence

Reasonable prospects of rehabilitation

DONAI

(33)

 

 

 

 

 

 

 

 

Co-offender:

WEIGHTMAN [2005]

[2008] NSWSC 502

Fullerton J

 

[2011] NSWCCA 173

 

[2012] NSWSC 1102

Hidden J

 

[2016] NSWCCA 212

VG

2 x Murder

40y

NPP 30y

(each)

 

Total

43y

NPP 33y

Conviction AA

 

 

 

 

 

 

 

 

 

 

Conviction AD

Minor – but did admit in undercover operation to undetected criminal misconduct

Asphyxiation

Intent to kill

(2000) Contract killing with victims' adopted son – son sedated parents with drugs in tea – offender entered house and suffocated both victims within short space of time – bodies placed in car and pushed off embankment to suggest car accident – principal offender – promised $17,000 - amateurish and unprofessional killing – not satisfied as to future dangerousness

Evidence of schizophrenia / mental illness

Sentence of life imposed after first trial

SNIBSON

(35)

 

 

 

 

 

 

 

 

 

Co-offender:

LEA-CATON [2007]

[2008] NSWSC 905

Buddin J

PG

(10%)

2 x Murder

 

2 x Sp agg kidnapping

26y

NPP 18y

(each)

 

FT 8y 6m

(each)

 

Total:

32y

NPP 24y

 Insignificant

Strangulation / suffocation

Joint criminal enterprise / intent to kill

SNPP 20 years

Female - recruited two male friends to assist in detaining victims – lured husband and wife to house – victims assaulted, gagged and hogtied – male strangled – female suffocated – not established which offender committed fatal acts – bodies placed in drums, taken into forest and burned – equal involvement in post murder conduct - kidnapping well planned – murder slightly above mid-range – pivotal role

Motive unclear – model prisoner – lost contact with daughters – prospects of rehabilitation

Third co-offender, Flentjar, sentenced only for kidnapping offences

MEHTA

(42)

[2009] NSWSC 814

Grove J

PG

Murder

 

Murder

30y

 

 

Life

 Assault on first wife – strangling and threat to kill

Strangulation

Intent to kill

SNPP 20 years / 25 years

Strangled wife during argument – verbal threats and physical assaults made previously – killed 9y step daughter to prevent her reporting killing to police – method of killing unclear – threw bodies over cliff in Blue Mountains – discovered by bushwalkers 4 weeks later – lied to police – had son assist in deception - killed wife for financial reasons – killing if step daughter worst case

No evidence of remorse or rehabilitation

VALIUKAS

(33 at offence – 43 at sentence)

[2009] NSWSC 808

Hulme J

VG

18y

NPP 13y 6m

 nilStrangled

(1999) - Strangled former partner in her home during argument –volatile relationship – suffering dissociative episode at time of killing – visions of violent father and person who molested him as a child – not fully aware of acts - spontaneous offence - took body and children to mother's house and hid body in shed – lied about disappearance of victim – confessed to police 9 years later – offence below mid-range

Prior good character – difficult custodial conditions

PFITZNER

(26)

[2009] NSWSC 1267

RA Hulme J

 

[2010] NSWCCA 314

PG

(15%)

25y 6m

NPP 19y 2m

ADBreached suspended sentence for mal inflict GBH in company – other offences

Asphyxiation

Intent GBH

SNPP 25 years

Female - mistreated, abused and assaulted 2y son over long period of time – murdered victim by asphyxiation although actual method of killing unclear –wrapped body in plastic, placed in suitcase and threw in nearby pond – spontaneous offence giving in to anger and influenced by several factors and pressures – had declined to give up victim to custody of mother or DOCS despite asking for help – aware victim about to be returned to lawful guardian - slightly below mid-range.

Displayed appropriate parenting to two other children

CHEN

(29)

[2010] NSWSC 64

Rothman J

VG

23y 4m

NPP 17y 6m

 nil

Choking / Strangulation

Intent GBH

SNPP 20 years

Strangled de facto wife at her residence – drove body 8km to his residence – placed body in bed covered with ice, flowers and favourite food – intoxicated – no clear motive for offence – spontaneous offence – no history of domestic violence – slightly below mid-range

Prior good character – contrition – suffers psychosis – good prospects of rehabilitation – Chinese national with little English

KWON

(29)

[2010] NSWSC 671

RA Hulme J

VG

22y

NPP 16y 6m

 NilStrangled

SNPP 20 years

Strangled female Korean prostitute met in brothel - had dinner with victim – argument after offender said he no longer wished to have contact with victim – victim made disparaging comments about offender's wife - reasons leading to killing not entirely clear - just below mid-range objective seriousness

Arrived in Australia 2005 – no family

LECHMANA

(37)

[2010] NSWSC 849

Latham J

VG

23y

NPP 17y 3m

  

Strangulation

Intent to kill

SNPP 20 years

Strangled wife when she threatened to leave him with child –jury rejected substantial impairment defence – attempted to strangle and threatened victim with knife four months earlier – marginally below mid-range

Suffering depression – born in Malaysia – difficulties adapting to Australia – absence of remorse

DAY

(46)

[2010] NSWSC 983

Buddin J

PG

(25%)

19y 4m

NPP 14y 6m

 Criminal record

Strangulation

Intent to kill

SNPP 20 years

Strangled estranged de facto wife during argument and left her body hidden in unit – body undiscovered for four weeks – spontaneous offence – slightly below mid-range

Some prospects of rehabilitation

BORG

(53)

[2010] NSWSC 951

Studdert AJ

VG

21y

NPP 16y

 Minor and old record

Strangulation

Intent to kill

SNPP 20 years

Strangled ex-de facto partner and business partner during struggle – serious dispute over business arrangement where victim indicated offender would be replaced – became enraged – spontaneous offence – element of provocation – below mid-range

Suffering anxiety and personality disorder at time of offending

WILLIAMS

(23)

[2011] NSWSC 583

Schmidt J

 

[2012] NSWCCA 172

PG

(25%)

21y 9m

NPP 16y 3m 23d

ADnil

Assault and asphyxiation

Intent to kill

SNPP 20 years

Became angry with ex-girlfriend while talking late at night – motive for killing not established - strangled victim, struck her with a shovel and buried her near lagoon – spontaneous offence – just above mid-range

Assistance in relation to offence – remorse – good prospects of rehabilitation – long term alcohol and cannabis user – offence out of character

McKENZIE

[2011] NSWSC 1460

Schmidt J

PG

(25%)

14y 3m

NPP 10y

 Nil

Smothering

Intent to kill

SNPP 20 years

Smothered wife during argument – evidence of struggle – no premeditation – no provocation

No history of domestic violence – suffering depression as a result of health issues - remorse

MITCHELL

(37 at offence – 62 at sentence)

[2012] NSWSC 694

Hidden J

PG

(25%)

14y

NPP 10y

 nil

Strangulation and suffocation

Reckless indifference

(1987) during argument with de facto wife strangled her with pantyhose and suffocated with pillow – spontaneous offence and out of character

On the run until voluntarily attended police station in 2011 – genuine remorse – good prospects of rehabilitation

HENZON

(26)

[2012] NSWSC 726

Hidden J

PG

(25%)

 

2 x obtain money by deception

 

Sched:

2 x obtain money by deception

18y

NPP 13y

 

FT 18m

(each)

 

Total:

19y 6m

NPP 14y 6m

 nil

Suffocation

Reckless indifference

SNPP 20 years

Female bank teller stole $16,000 from account of husband and wife customers – subsequently stole $115,000 from account of 72y female bank customer – admitted to suffocating customer in home unit – circumstances of killing unclear

Suffering long-term physical illness

LEE

(32)

[2012] NSWSC 1240

Bellew J

PG

(25%)

18y

NPP 13y 6m

 not relevant

Asphyxiation / strangulation

Intent to kill

SNPP 20 years

Mid-range objective seriousness - killed ex-girlfriend following argument about money - victim died from neck compression from belt tied around neck, gagging from sock in mouth and asphyxia due to plastic bag placed on head – planned to dispose of body but car broke down so left body to decompose in car boot– voluntary surrender to police – could not recall committing offence.

No real explanation for actions.

DAWSON

(48)

 

 

 

 

Co-offender:

COMBER [2012]

AQUILINA [2013]

[2012] NSWSC 1497

Bellew J

VG

23y

NPP 17y 3m

 Dishonesty

Strangulation

joint criminal enterprise

SNPP 20 years

Female - joint criminal enterprise to kill offender's neighbour – relationship between victim and offender had become strained – offender complained about behaviour of victim - with son (A) and friend (C) assaulted and killed victim – punched victim in face – co-offender tied noose around victim's neck and pulled it causing death – body taken and buried in  bushland.

Major depressive illness.

COMBER

 

 

 

 

 

 

 

Co-offender:

DAWSON

AQUILINA

[2013]

[2012] NSWSC 1502

Bellew J

PG

(10%)

Murder

 

2 x Deal proceeds crime

 

Sched:

17 x Obtain property by deception

23y 4m

NPP 17y 6m

 

 

FT 6m

(each)

 

Total

23y 7m

NPP 17y 9m

 Lengthy - on conditional liberty

Strangulation

joint criminal enterprise

SNPP 20 years

Joint criminal enterprise to kill female co-offender's neighbour – relationship between victim and co-offender had become strained – co-offender complained about behaviour of victim – victim taken and assaulted – AQ tied noose around victim's neck and pulled it causing death - offender assisted pulling noose with limited force – stood by to assist and prevent victim from leaving – assisted in disposing of body

MEYN (No.6)

(34)

[2013] NSWSC 243

Beech-Jones J

VG

22y

NPP 16y 6m

 NilAssault and strangulation

SNPP 20 years

Killed ex-wife and mother of their two young children – offender cruelly needled victim then killed following argument - unplanned

Some evidence of rehabilitation

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.

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

NADEN

(40)

[2013] NSWSC 759

Price J

PG

Murder

(20%)

 

Murder

 

Shoot w/i murder

 

Agg indecent assault

 

BES

 

 

15 x BES

28y

NPP 21y

 

 

Life

 

16y

NPP 6y

 

4y

NPP 2y

 

3y 6m

NPP 1y

 

FT 2y – 3y 6m

 Offensive language, high-range PCA.Strangulation

SNPP 20 years

Indecently assaulted 12y daughter of acquaintance

Murdered female cousin after she raised allegation offender had indecently assault 12y female - strangled victim then dismembered and buried body.

5 months later strangled female neighbour – had sexual intercourse with body – had been sexually attracted to victim

On run from police for 7 years and committed multiple break and enter offences to survive – shot at police officers who approached camp

Long standing low-grade depression and severe personality disorder – poor rehabilitation prospects - Aboriginal

BALLANTYNE

(30)

[2014] NSWSC 1381

RA Hulme J

PG

(25%)

19y

NPP 14y 3m

 AOABH Strangulation / choking

SNPP 20 years

Choked and assaulted female partner – difficulties with relationship – argument –took victim to nearby river where killing took place – skull fracture and choking injuries - mid-range objective seriousness

Immaturity – anger management issues – supportive family – reasonable rehabilitation prospects

JONES (No.3)

(41)

[2014] NSWSC 1511

Button J

VG

Murder

 

PG

Drug supply

27y

NPP 20y

 

 

FT 18m

 

Total:

27y 9m

NPP 20y 9m

 Lengthy record including violence – breached bonds

Asphyxiation

Intent to kill

SNPP 20 years

Fatal assault on female acquaintance in motel room - asphyxiated victim using cloth tied around neck – also brutally assaulted victim to face – spontaneous murder – attempted to dispose of body in bush land – motive for murder unknown - supplied and used methylamphetamines with victim – found in possession of 81.9g

Long term drug user

MAHON

(43)

[2015] NSWSC 25

Garling J

PG

(25%)

22y 6m

NPP 16y 10m

 Assault, AOABH – breached bail - previous domestic violence assaults.  Assault / Strangulation

SNPP 20 years

In relationship with female victim – subject to AVO and bail due to earlier assaults on victim – attended victim's home – drinking and argument - severely beat victim around head and neck and strangled her -  after death used iron to inflict burn injury - attempted to conceal body - above mid-range

EVANS

(22)

[2015] NSWSC 254

Davies J

PG

(5%)

Murder

 

Steal

dwelling house

 

Sched:

1 offence

25y

NPP 18y 9m

 

 

FT 3y

 

Total:

26y

NPP 19y 9m

 Lengthy.  AOABH, common assault, larceny.  On bail.

Strangulation

Intent to kill

SNPP 20 years

Female – met 33y female at hotel for first time – went to park with victim, 3 other males and offender's younger sister – group consumed drugs – group travelled to victim's home – sexual activity took place between offender, victim and male D – offender strangled victim with belt with assistance from D – washed body in shower – group dug hole on property and buried victim – stole firearms and other property - high mid-range

Disturbed upbringing - drug abuse - discount for assistance to authorities

Co-offender Duffy sentenced for manslaughter

PATEL (No.2)

(33)

[2015] NSWSC 1381

Wilson J

VG

24y

NPP 18y

 Nil

Strangulation / asphyxiation

Stabbed

SNPP 20 years

Female – strangled and stabbed female victim and stabbed in abdomen – victim had entered relationship with offender's close male friend, with whom offender had lived and shared some sexual involvement – feeling isolated - some degree of planning.

Depression – anxiety – had to terminate pregnancy - good rehabilitation prospects – studying and employed – good character.

KATSIS

(17 at offence – 44 at sentence)

[2015] NSWSC 1890

Fagan J

 

[2018] NSWCCA 9

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

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

KUMAR

(54)

[2016] NSWSC 1747

Mathews AJ

VG

23y

NPP 17y

 Nil record – breached bail for sexual offences against victim – history of domestic violence

Suffocation

Intent kill

SNPP 20 years

Broke into home of estranged wife and suffocated her – limited planning – unprovoked killing – motive almost certainly to prevent victim giving evidence in sexual assault charges – mid-range

Fijian Indian – good prospects of rehabilitation

HEJABIAN

(37)

[2016] NSWSC 1692

Hidden AJ

VG

21y

NPP 15y 9m

 Minor – breached bond

Assault / asphyxiation

Intent to kill

SNPP 20 years

Killed female girlfriend in her own home – developed obsessive relationship with victim - spontaneous act during argument – attempted suicide causing health issues – trial ran on basis of substantial impairment only – mental health did affect culpability

Suffering PTSD from treatment in home country of Iran – also struggling with wife suffering from schizophrenia

ADAMS

(31 at offence – 64 at sentence)

[2017] NSWSC 179

(Button J)

 

[2017] NSWCCA 215

VG

20y

NPP 15y

Conviction ADRape conviction prior to murder – committed in similar circumstances – nil relevant convictions since murder

Asphyxiation

Constructive murder

(1983) gave lift home to female stranger from wine bar – falsely claimed to be police officer – placed fatal pressure on windpipe in attempt to force intercourse – disposed of body

Long standing tendency to strangle women who resisted sexual advances – no subjective material placed on sentence – minimal discount for delay

FESUS

(27 at offence – 48 at sentence)

[2018] NSWSC 176

Johnson J

VG

22y

NPP 16y 6m

 nil record – before or after murder

Strangulation

Intent to kill

(1997) killed 18y wife during argument over victim leaving – strangled victim and buried body near beach – two young children present in house – maintained wife had left him – made anonymous phone calls as to whereabouts of body when required to prove wife dead for social security

Suffering cancer in remission

Last updated: 25.6.2018

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