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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

Accessory

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

MORGAN

(17y 3m)

 

MIHAILOVIC

(18y 5m)

 

HOWARD

(18y 2m)

NSWSC

B- Parker J

15.4.1991

 

 

 

NSWSC

B- Parker J

30.8.1991

VG

MT 10y

AT 8y

 

MT 10y

AT 8y

 

MT 8y

AT 5y

AD

(1992) 29 NSWLR 242

nil

 

 

nil

 

 

minor

assault

intent GBH / joint enterprise to assault

Gang homosexual bashing – victim lured to toilet and attacked - beating and kicking

H some assistance to police.

MTD

(16y 8m)

 

 

 

 

S McAULIFFE

(17y 11m)

 

 

 

D McAULIFFE

(16y 10m)

NSWSC

Wood J

7.8.1992

 

NSWCCA

(1993) 70 A Crim R 303

 

HCA

(1995) 69 ALJR 621

PG

Murder

 

Malicious wounding

 

VG

Murder

 

Rob/wound

 

VG

Murder

 

Mal wound w/i GBH

MT 11y

AT 8y

 

 

 

 

MT 12y

AT 8y

 

 

 

MT 12y

AT 8y

 

 

 

 

 

 

Conviction AD

 

 

 

 

Conviction AD

lengthy, including assault

 

 

 

 

nil

 

 

 

 

nil

assault / drowning

common criminal enterprise to assault

Attacked two men with intent to rob at night in park – one man assaulted with hammer, punched and kick - one fell over the cliff in attempt to escape

COULSTOCK

(35)

 

 

SUMMERSFORD

(30)

NSWCCA

9.10.1992

VG

 

 

 

VG

MT 16y

AT 4y

 

 

MT 6y

AT 2y

AA

MT 14y

AT 6y

 

Crown AD

armed robbery, on parole

 

 

stealing, driving drugs

drowning - burnt car containing body

Fight in pub and behind yacht club - drowned victim then placed body in car and burnt car

S dealt with as principle in second degree

CATON

(18)

 

 

 

 

McDONALD

(19)

NSWSC

Levine J

12.3.1993

 

NSWCCA

18.8.1994

(McDonald)

VG

Murder

 

PG

Rob in Co

 

PG

MT 10y

AT 5y

 

 

 

 

MT 18y

AT 6y

 

 

 

 

 

 

AA

MT 15y

AT 7y

minor

 

 

 

 

 

no violence but lengthy dishonesty.

shooting

common purpose robbery

intent kill

Intending to steal taxi told driver to get out and run - shot to prevent identification.

LIEW

(49)

 

LIM

(33)

NSWCCA

24.12.1993

PG

 

 

VG

Murder

 

s.90A

MT 20y

AT 6y

 

MT 18y

AT 6y

AD

 

Armed robbery in Malaysia

 

Nil

shootingKilling of Dr Chang – pulled over victim driving to work - Liew shot victim when he refused to give them money

STEELE

 

 

 

BASSETT

NSWSC

Hunt CJ at CL

12.5.1994

 

NSWSC

Hunt CJ at CL

20.5.1994

 

NSWCCA

2.11.1994

PG

3 x Murder

 

 

PG

Murder

Life

 

 

 

MT 8y

AT 6y

 

 

 

 

Crown AD

minor

 

 

 

minor dishonesty

shooting – pushed over cliff

intent to kill

Killing spree - 3 men shot by offenders – siege followed – third man of group killed self before arrest

B intellectually disabled and acting under significant duress

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

PILLER

(20)

 

 

KRAMER

(23)

NSWSC

Dowd J

6.7.1995

 

NSWSC

Dowd J

29.11.1995

VG

 

 

 

PG

MT 13y

AT 5y

 

 

MT 11y

AT 4y

 

Nil

 

 

Assault, dishonesty as a juvenile

Shooting

Felony murder

Shooting of Pizza Hut employee during armed robbery with shotgun – K waited in car

GAC

(15)

 

 

 

 

 

JOHNSON

(18)

NSWSC

Ireland J

24.4.1996

 

NSWCCA

1.4.1997

 

NSWSC

Ireland J

24.4.1996

VG

Murder

 

Rob with wounding

 

 

VG

Murder

 

Rob with wounding

MT 6y

AT 4y

 

 

 

 

 

MT 8y

AT 4y

Conviction AD

 

 

 

 

 

 

 

record

assault

felony murder / common purpose

Group of young persons assaulted elderly vagrant in park.

JB

(15y 11m)

 

 

 

RJH

(17y 10m)

Hunt CJ at CL

20.11.1997

 

 

 

Hunt CJ at CL

25.11.1997

 

[1999] NSWCCA 93

PG

 

 

 

 

PG

MT 11y

AT 5y

(20% assistance)

 

MT 12y

AT 6y

AD

 

 

 

 

AD

appalling, including violence

 

 

bad record, including violence

assault

felony murder

Cousins robbed commuter walking home from train station - struck head with rock.

H less culpable.

ADAM

(33)

[1999] NSWSC 144

Wood CJ at CL

 

(1999) 47 NSWLR 267

[1999] NSWCCA 197

VG

MT 21y

AT 7y

ADAOABH

stabbing / assault

joint criminal enterprise

Group bashing of off duty police officer outside hotel.

D PRIVETT

(27)

 

 

M PRIVETT

(29)

[1999] NSWSC 1076

B-Parker AJ

 

(D Privett)

[2001] NSWCCA 518

VG

MT 14y 6m

AT 3y 3m

 

 

MT 11y

AT 3y 8m

AA

17y 9m

NPP 13y 4m

minor

 

 

 

long record reflecting trouble childhood

shooting

intent kill / common purpose or joint criminal enterprise

Shot victim during robbery at property - no premeditation - DP fired fatal shot at close range and greater culpability

MCNELLEE

 

 

TUCKER

(33)

 

DALLEY

(16)

 

Co-offender:

BREWER [2001]

[2000] NSWSC 1154

Bell J

 

 

 

(2002) 132 A Crim R 169

[2002] NSWCCA 284

(Dalley)

PG

(25%)

 

VG

 

 

VG

14y

NPP 10y 6m

 

13y

NPP 9y

 

10y

NPP 6y

 

 

 

 

 

 

Conviction AD

minor

 

 

nil

 

 

nil

stabbing

common purpose robbery

Offenders involved in common purpose to rob victim of cannabis while armed with knives, mattock handle and machete - victim stabbed 21 times by fourth offender - all offenders played subsidiary role

Good prospects of rehabilitation.

HYLAND

(27)

 

 

 

 

PARRY

(35)

 

 

 

 

YATES

(28)

[2001] NSWSC 470

Ireland AJ

 

[2002] NSWCCA 520

VG

Murder

 

s.111(3)

 

 

Murder

 

 

s.111(3)

 

 

Murder

 

 

s.111(3)

23y

NPP 17y 3m

 

FT 11y

(concurrent)

 

26y

NPP 19y

 

FT 11y

(concurrent)

 

20y

NPP 15y

 

FT 10y

(concurrent)

Conviction and sentence AD

prior record

 

 

 

 

 

lengthy record including violence

 

 

 

insignificant record

shooting

intent to kill

Group of men forced way into residential house and terrorised occupants inside with baseball bat, revolver and shortened shotgun - occupants assaulted with bat - victim executed at close range with bullet behind ear - other occupants shown body and threatened - worst class of case but level of culpability not so extreme that community interest only met through life imprisonment

P shot victim in presence of Y

Y a follower with limited intellectual functioning and back injury.

BIKIC

(45)

[2001] NSWSC 571

Hidden J

 

[2002] NSWCCA 227

VG

Murder

 

Manslaughter

16y

NPP 11y

 

10y

NPP 7y

 

Total:

17y

NPP 12y

Conviction ADserious drug offence

shooting

joint criminal enterprise

Involved in assault upon two men by nine offenders - both men shot - motive not clear - unclear who fired shots – other offenders convicted of manslaughter - offender convicted of murder on basis aware of guns and contemplated their use with requisite intent for murder - convicted of manslaughter on basis shot fired after provocation.

Serbian - supportive of sister and her family - pre-sentence custody and stringent bail conditions - high risk prisoner while on remand.

(Co-offenders - PUTA & ORS [2001] NSWSC 225)

SUTESKI

(23)

 

 

 

 

 

 

 

 

Co-accused:  IRANI

(2002) 129 A Crim R 559

[2002] NSWSC 457

Kirby J

 

(2002) 137 A Crim R 371

[2002] NSWCCA 509

VG

Murder

 

PG

8 x s.178BA

 

s.178BA

 

Sched:

68 x s.178BA

22y

NPP 16y

 

4y

NPP 3y

 

FT 3y

 

Total:

24y

NPP 18y

ADnil

stabbing

accessory before fact

intent GBH

Female accounts clerk committed extensive frauds upon company - paid co-offender to injure supervisor to keep him away from work - assisted on night of killing - victim stabbed to death - agreement to inflict gbh - weapons discussed

Committed earlier frauds on different company - no charges when father repaid money

TNT

(16 at offence / 22 at sentence)

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

MHN (1998)

[2002] NSWSC 537

Hidden J

PG

(50% combined)

10y

NPP 6y

 

(cumulative to existing sentences – see facts)

  

stabbing

accessory

(1996) With 2 co-offenders took 18y victim from coffee shop to nearby street and assaulted him – victim tied up in house then taken to garage - further assaults committed in garage - victim 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 - subsequent to killings left gang and seriously assaulted - moved interstate with pregnant girlfriend - evidence of good character - volunteered guilt - assistance to authorities

Sentenced one month earlier for unconnected murder committed 8 days earlier:

Tran [2002] NSWSC 394

Total Sentence: 23y 3m NPP 14y 3m

KANAAN

(23)

 

 

 

MAWAS

(21)

 

 

EL ASSAAD

(21)

[2002] NSWSC 774

Wood CJ at CL

 

[2006] NSWCCA 109

VG

 

 

 

 

VG

 

 

 

VG

Life

 

 

 

 

25y

NPP 19y

 

 

24y

NPP 18y

AD

 

 

 

 

AD

 

 

 

AA

22y

NPP 16y 6m

Serving life sentence for 2 murders - breached bond

 

lengthy but relatively minor - no violence

 

lengthy - mostly motor vehicle - no violence

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

K - Principal - hardened criminal

M - Reacted badly to death of mother at 16y - suicidal and drug addiction - follower not initiator

E - Close family - exposed to anarchy and violence in Lebanon - prospects of rehabilitation - Immaturity

P PHAM

(18 at offence)

 

 

NGUYEN

(17 at offence)

 

 

 

 

Co-offender:

TRAN

[2002] NSWSC 1261

Sully J

VG

 

 

 

VG

16y

NPP 11y

 

 

17y 38w

NPP 11y 38w

(cumulative to existing sentences – see facts)

 

record unclear but not significant

 

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

PP - Vietnamese - difficult childhood - refugee - drugs - need for psychiatric care - important co-operation with police

N - 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

LO

(22)

 

 

Co-accused:

NG

LEW

[2003] NSWSC 582

Adams J

PG

(40% combined)

Murder

 

Sched:

Att AR

18y

NPP 13y 6m

 Breached bond for drug offences

Shooting

Accessory

During attempted robbery of tavern manager shot in head by co-offender to prevent identification – offender did not foresee or intend death but intentionally assisted

Assistance given against co-offender

NG

(28)

 

 

 

 

Co-accused:

LO

LEW

[2003] NSWSC 781

Adams J

 

[2011] NSWCCA 227

VG

Murder

 

 

s.97(2) Agg Rob

35y

NPP 25y 9m

 

 

FT 7y

 

Total:

37y

NPP 27y 9m

AA

30y

NPP 22y 6m

 

FT 7y

 

Total:

31y

NPP 23y 6m

Nil relevant

Shooting

Accessory

Involved in robbery of Tavern – manager deliberately shot in head to prevent identification – not satisfied who fired shot

MEHAJER

(23)

 

 

 

 

 

 

 

 

 

 

JACOBS

(21)

[2003] NSWSC 885

Studdert J

 

(2004) 151 A Crim R 452

[2004] NSWCCA 462

VG

Murder

 

 

Rob in Co

 

Agg Rob in Co

 

 

 

 

 

VG

Murder

 

Rob in Co

 

Agg Rob in Co

18y

NPP 13y 6m

 

 

FT 4y

 

FT 5y

 

Total:

18y 6m

NPP 14y

 

16y 6m

NPP 12y 6m

 

FT 4y

 

FT 5y

 

Total:

17y

NPP 13y

AD

Nil prior – minor subsequent offence

 

 

 

 

 

 

 

 

 

Minor prior offence

Assault

Felony murder

Accessory

Robbery of takeaway shop – one man threatened by M with knife and assaulted – owner kicked in head and subsequently died – unclear who caused death – M ringleader

M – prior good character – good prospects of rehabilitation

J – extremely harsh upbringing – favourable prospects of rehabilitation

MARCHANT

(29)

 

 

CRAWT

(24)

[2003] NSWSC 958

Greg James J

 

[2006] NSWCCA 120

PG

(10%)

Murder

 

PG

(10%)

Murder

 

Sched:

Drive convey

Agg AR

Att AR

38y

NPP 32y

 

 

35y

NPP 28y

AD

 

 

 

AA

30y

NPP 24y

Lengthy record for violence – breached parole

 

Lengthy record – breached parole and bail

Shooting

Intent to kill

Accessory

Male shot twice in head during night time meeting in park to discuss stolen jewellery – purpose of shooting not clear – vicious and callous execution

M – Primary offender – continuing danger – little hope of rehabilitation

C – Present and reckless as to killing – deprived background – some hope of rehabilitation

JSK

(16y)

 

 

 

Co-offender:

MAH [2005]

[2004] NSWSC 470

Buddin J

PG

11y

NPP 7y

 NilAssault

Fatal assault on 17y friend at instigation of co-offender – friend taken to remote area and body buried – pre-meditation – element of duress.

Voluntary admission of guilt three years later - significant discount for assistance – extreme remorse – emotionally immature – excellent prospects of rehabilitation

WILKINSON

(26)

 

 

Co-offender:

WILLARD [2005]

TJA [2004]

[2004] NSWSC 1307

Howie J

PG

(25%)

22y 6m

NPP 16y 6m

 Drug offences – breached bond

Shooting

Accessory

SNPP 20 years

Female - assisted in killing of friend's husband – arranged shooter – drove shooter to house – victim shot in back of head while asleep on lounge – premeditated offence for financial reward – substantial role

Judgement impaired by mental state

LEW

 

 

 

 

 

 

 

 

 

 

 

Co-offenders:

NG

LO

[2004] NSWCCA 320

VG

Murder

 

 

PG

Acc before fact attempt armed robbery

14y

NPP 11y

 

 

FT 5y

AA

14y

NPP 10y

 

FT 5y

 

Total:

14y

NPP 11y

AOABH.

Shooting

Accessory before fact

Planned with co-offenders to rob tavern where offender worked - co-offenders armed with metal pole, knife and gun, entered tavern, struck victim on back of head with metal pole - victim struggled and killed by knife wound to throat and bullet wound to head - co-offenders stole $50K – offender aware of metal pole only - tried to convince co-offender not to proceed - attempted to withdraw from involvement but did nothing of significance to prevent robbery – did not notify victim of what was to occur.

Abuse of position of trust – motivated by financial pressures – gambling debt

On appeal related conviction for accessory before the fact to armed robbery quashed

SATORRE

(38)

 

Co-offenders:

AB [2005]

TAN [2007]

[2005] NSWSC 367

Studdert J

 

[2006] NSWCCA 298

PG

(50% combined)

16y

NPP 12y

ADMinor

Acid attack

Intent GBH

Drove 2 co-offenders to scene of offence – acid poured over victim's face – aware acid to be used to disfigure

Assistance – reasonable prospects 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

TROCIO

(29)

[2005] NSWSC 563

James J

PG

(15-20% + small discount assistance)

12y

NPP 8y

 NilAccessory

Stood guard while friend attacked male acquaintance with machete – assisted in dismembering and concealing body – unplanned and unpremeditated

Married with young child

SMALE

(47)

 

 

 

 

 

 

Co-offender:

WIGNEY [2004]

[2005] NSWSC 903

Patten AJ

 

[2005] NSWSC 923

Patten AJ

 

[2007] NSWCCA 328

VG

Murder

 

PG

s.97(2)

18y

NPP 13y 6m

 

13y

NPP 9y 9m

(concurrent)

ADExtensive record – breached suspended sentence

Shooting

Felony murder

Male shot by co-offender during armed robbery of tavern – not involved in shooting

Remorse – drug addiction

SMIT

(31)

 

SMIT

(31)

 

TARRANT

(29)

[2005] NSWSC 1277

Latham J

 

 

 

(Tarrant only)

[2007] NSWCCA 124

VG

 

 

VG

 

 

VG

16y

NPP 12y

 

16y

NPP 12y

 

16y

NPP 12y

 

 

 

 

 

 

AD

Each offender had criminal record connected to drug abuse

Assault

Party to criminal enterprise to inflict GBH

Body of male victim found dead in residence – assaulted with cricket bat and multiple stab wounds – substantial degree of violence – sudden, unpremeditated and unplanned attack – motive unclear – not clear who inflicted fatal assault – retrial – equal culpability

S(1) – Male – intoxicated – believed victim acting inappropriately to co-offender – remorse – prospects of rehabilitation

S(2) – Female –wife of S(1) – history of drug abuse – children – prospects of rehabilitation

T – Female – violent childhood – drug abuse – prospects of rehabilitation

AB

(37)

 

 

 

 

 

Co-Offenders:

SATORRE [2005]

TAN [2007]

[2006] NSWSC 69

(Grove J)

PG

(25% combined)

 

Sched:

Possess firearm

18y

NPP 13y 6m

 Supply drugs, ongoing supply drugs - on parole.

acid attack

accessory before the fact

Contract killing - Tan asked offender to have victim attacked - dispute over money – offender refused request to splash acid on victim's face but found person who would carry out attack, located hardware store from which acid could be purchase and lent pistol to attacker – victim threatened with pistol and had acid poured into mouth - not motivated by payment but desire to ingratiate himself with Tan who supplied drugs to offender.

Drug abuse.

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

AOUN

(25)

[2006] NSWSC 800

Hulme J

 

[2007] NSWCCA 292

VG

17y 3m

NPP 13y

ADNil

Shooting

Accessory before fact to murder

Victim shot dead in drive by shooting of house after ongoing dispute between shooter and victim's son – offender knew shooter intended to kill or inflict GBH on son or family and killing within scope – helped prepare stolen car used in shooting – gave some advice – declined to accompany shooter – lesser role but still substantial assistance

HOHAIA

(18)

 

 

 

 

 

 

 

ABDULKADER

(21)

[2006] NSWSC 866

Kirby J

 

[2015] NSWCCA 91

(Hohaia only)

VG

Murder

 

 

Rob in Co

 

AOABH

 

 

VG

Murder

 

Rob in Co

24y

NPP 18y

 

 

FT 18m

 

FT 9m

(all concurrent)

 

21y

NPP 15y 9m

 

FT 18m

(all concurrent)

AA

24y

NPP 18y

 

FT 18m

 

FT 9m

(all concurrent)

Priors – no violence

 

 

 

 

 

 

 

Significant record

Assault

Intent GBH

SNPP 20 years

Sustained assault on male acquaintance over several hours – victim assaulted by H in home of H's mother – victim robbed of mobile phone and wallet, forced to reveal PIN and taken to ATM to obtain money – subjected to further assault by both offenders and left for dead – H principal offender – A lesser offender but involved in second, fatal assault on victim - no clear motive

H - also sentenced for assault on male in company with friend three months earlier – sustained attack with no motive - disrupted childhood with early drug abuse

A – early drug abuse

A

(16)

 

 

 

Co-offender:

HOURI [2007]

[2006] NSWSC 1035

Buddin J

PG

12y 8m

NPP 9y 6m

 Priors

Stabbing

Felony murder

SNPP 20 years

Involved in armed robbery of service station – after robbery co-offender suddenly and without provocation stabbed operator four times

Remorse – prospects of rehabilitation – discount for assistance – protective custody

BROWN

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender

HUDD [2013]

[2006] NSWCCA 395

VG

Murder

 

2 x Agg AR

 

 

 

s.33

 

 

AOABH in Co

20y

NPP 15y

 

8y

NPP 6y

(each)

 

3y

NPP 2y 3m

 

2y 6m

NPP 1y 10m

 

Total:

21y 10m

NPP 16y 10m

ADLengthy

Shooting

Felony murder – accessorial liability

Two offenders involved in planned armed robbery of electrical store – three employees tied up – one employee hit on head with gun and one with vacuum cleaner – third employee shot dead by co-offender in pursuit

Lesser offender

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

TAN

(38)

 

 

 

 

Co-offenders:

SATORRE [2005]

AB [2005]

[2007] NSWSC 684

Price J

 

[2010] NSWCCA 207

VGLifeADPriors – no violence – drug offence – breached bonds

Acid attack

Joint criminal enterprise to inflict GBH

Arranged and paid $10,000 for attack on male victim – intended to flush from hiding victim's brother in law who owed over $500,000 – hydrochloric acid poured over victim's face – wife and victim threatened with gun, victim's skull fractured by blow to head with gun - died three weeks later - intended to cause grievous bodily harm only – one of principals

Indonesian – prospects of rehabilitation

CARRUTHERS[2007] NSWCCA 276

PG

(37.5% combined)

25y

NPP 18y 9m

AA

20y

NPP 15y

 Shooting and car

Victim a witness in mal wounding charge against co-offender  - took victim to co-offender to remote area – victim shot by co-offender then run over by offender in car and possibly assaulted with metal bar –– offender initially unaware of plan to kill victim – voluntarily continued assistance after shooting - motivated by desire to assist drug supplier and element of fear – lesser offender

Genuine remorse – prospects of rehabilitation – assistance - parity

LEA-CATON

(28)

 

 

 

 

 

 

 

 

Co-offender:

SNIBSON [2008]

[2007] NSWSC 1294

Buddin J

PG

(40% combined)

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

GRUPE

(26)

[2007] NSWSC 1303

Berman AJ

PG

(35% combined)

19y 6m

NPP 14y 6m

 Priors for violence

Shooting

Joint criminal enterprise / felony murder

(2000) Carefully planned attempt to kidnap victim on behalf of third person while heavily armed – offender deliberately shot at fleeing victim 6 times – co-offender caught victim and shot him 15 times – motivated by greed and financial reward – co-offender subsequently killed by offender in self defence

Lesser offender – remorse - assistance

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

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

BARRETT

(20)

 

 

 

 

 

 

 

 

Co-offender:

FORDHAM [2009]

[2009] NSWSC 338

Mathews AJ

PG

(12.5%)

22y

NPP 16y

 Nil

Stabbing

Intent to kill

SNPP 20 years

Female offender - arranged murder of ex-partner – victim became frustrated at offender's lack of response and sent threatening SMS messages – disproportionate response to threats due to heavy cannabis consumption – meticulously planned killing with male friend – lured victim interstate – multiple stab wounds inflicted by co-offender – both offenders inflicted final stab wound – instigator of plan – above mid-range

Abusive childhood – smoking marijuana by 12y – remorse – two young children

WHITMORE

(26)

[2009] NSWSC 520

Adams J

 

[2010] NSWCCA 157

VG

14y

NPP 10y

Conviction AD

Crown AD

Minor record for assaults and property damage

Stabbing

Common purpose

SNPP 20 years

Female offender – male victim stabbed in back during argument with neighbours over dogs – unclear who inflicted fatal stab wound – offender and brother emerged from house in response to comment made by victim – sentenced on basis adverted to possibility lethal blow could be inflicted by someone with intent to kill or inflict gbh – significantly below mid-range - brother sentenced for manslaughter

History of alcohol and drug abuse

WILLETTS

(37)

 

 

 

 

 

GURNEY

(29)

[2009] NSWSC 1201

Latham J

 

[2011] NSWCCA 48

PG

(15%)

Murder

 

Arson

 

 

PG

(20%)

Murder

25y 6m

NPP 19y

 

 

FT 2y

(concurrent)

 

24y

NPP 18y

AD

Conditional liberty – drug related record

 

 

 

 

Conditional liberty – drug related record

Stabbing

Intent to kill

SNPP 20 years

Joint criminal agreement to kill formed immediately before the fatal assault – attacked male acquaintance in his home – stab wound to the chest – assault commenced in yard and victim taken inside – penis amputated and numerous wounds to body - set alight – steps taken to conceal weapons – markedly higher than mid-range

G had been sexually assaulted by victim as a child and was dissatisfied with drugs supplied by victim – offer of assistance – suffering drug abuse and mental disturbances at time of offence

W no motive for attack but not involved in mutilation of body – drug abuse

LR

(16)

 

 

 

 

Co-offender:

KR

[2010] NSWSC 22

Howie J

PG

(20%)

Murder

 

Assault w/I to rob in co

14y 3m

NPP 10y 6m

 

 

FT 6m

 nil

Assault

Intent GBH

Agreed with co-offender to find person to rob - assaulted male stranger and stole mobile phone – assault initiated by co-offender who stomped on head of victim – offender joined assault and kicked victim once to head - assaulted male bike rider with intent to rob shortly before killing

Aboriginal – some evidence of rehabilitation in custody and remorse

KR

(17)

 

 

 

 

 

 

 

Co-offender:

LR

[2010] NSWSC 188

Howie J

 

[2012] NSWCCA 32

PG

(15%)

Murder

 

Ass w/i Rob

 

Ass w/I Rob

18y 9m

NPP 12y

 

 

12m

 

6m

 

Total:

19y 6m

NPP 12y 9m

ADnil

Assault

Intent GBH

Agreed with co-offender to rob someone – kicked male victim to death in driveway of house – assault included stomping on head – subsequently attempted to rob cyclist - pushed female from behind, punched her twice to head and kicked in cheekbone

Aboriginal – drug and alcohol abuse - remorse

TATCHELL

(18)

 

 

WILDSMITH

(20)

[2010] NSWSC 495

Kirby J

 

(Wildsmith)

[2012] NSWCCA 116

VG

18y

NPP 13y 6m

 

 

16y

NPP 12y

 

 

 

 

AD

Breached bail

 

 

 

Breached bond for assault

Assault

Intent GBH / Joint criminal enterprise

SNPP 20 years

Victim fatally assaulted by group of youths – retaliation for victim's abuse of ex-partner known to co-offenders – after discussion at fast food restaurant weapons collected at nearby house and victim assaulted while walking along road – opportunistic offence of short duration – metal pole, wooden axe handle and golf club used

T – intent GBH – multiple blows with weapon – below mid-range – drug addiction / depression – some behaviour problems in custody - remorse

W – not as involved – joint criminal enterprise aware possibility co-offender would use weapon to do grievous bodily harm – reluctant – supported Tatchell – assaulted in custody as result of offence – guarded prospects of rehabilitation

Co offenders AA, SS and AC convicted of manslaughter

LEE

(18)

 

 

 

 

 

Co-offender:

WONG [2010]

[2010] NSWSC 632

Price J

 

[2011] NSWCCA 169

PG

(12.5%)

 

Sched:

Assault s 61

19y 3m

NPP 13y 3m

AA

17y 6m

NPP 12y 3m

NilStabbing

SNPP 20 years

With co-offender confronted victim and friends because thought victim had been "staring" – co-offender stabbed victim to heart – with co-offender chased victim – offender struck victim with hammer – co-offender inflicted more stab wounds – victim died from stab wound to heart - lesser role than co-offender.

Remorse

NGUYEN

(26)

 

 

 

 

 

 

 

LUONG

(18)

 

 

Co-offender:

TVN (2014)

[2011] NSWSC 562

McCallum J

VG

2 x Murder

 

 

 

 

 

 

PG

(10%)

2 x Murder

25y 6m

NPP 18y

(each)

 

Total

30y

NPP 22y 6m

 

24y

NPP 17y

(each)

 

Total

28y

NPP 21y

 

Nil significant

 

 

 

 

 

 

 

Nil

Stabbing

Common purpose to inflict gbh

SNPP 20 years

Victims stabbed during attack by four males outside bar – not known who inflicted fatal wounds – attack a response to earlier attack on first offender by one victim and friends  – delay between incidents and degree of planning – mid range offences – disregard for public safety

N – judgment clouded by fear caused by earlier attack – did not stab anyone although aware of knives and armed with knife himself –reasonable prospects of rehabilitation

L – stabbed both victims

RYAN

(51)

 

COULTER

(72)

 

Co-Offender: BROOKS [2012]

[2011] NSWSC 1249

Latham J

 

[2013] NSWCCA 175

VG

36y

NPP 27y

 

27y

NPP 18y

AD

 

 

AD

Nil

 

 

Nil

Shooting

Intent to kill

SNPP 20 years

Female offenders (daughter and mother) - R paid $30,000 to have husband shot dead by hit man - $10,000 knowingly provided by C (R's mother) – angered by breakdown in marriage and financial loss – close to worst category –C genuinely believed R had been physically assaulted by victim

TRAN

 

 

 

 

 

Co-offender:

CHRISTIANSEN [2011]

[2011] NSWSC 1480

Rothman J

PG

(7.5%)

20y

NPP 15y

 Not lengthy

Shooting

Joint criminal enterprise

SNPP 20 years

Arranged for co-offender to provide protection during discussion over drug debt – contemplated possibility of killing – aware of violent reputation of victim who produced gun at meeting – helped move body and arranged clean-up of scene – slightly above mid-range – less than co-offender

Good prospects of rehabilitation - remorse

KIRCHNER

[2011] NSWSC 1516

Schmidt J

PG

(45% combined )

8y 9m 18d

NPP 6y

 Minor offences

Shooting

Aid and abet

SNPP 20 years

Victim shot by friend – offender worked for co-offender in lawn mowing business and knew shortly before offence that co-offender was planning to shoot victim – offender present at shooting and helped bury body in bushland.

Drug abuse from young age – remorse.

Co-offender given limiting term.

ISKANDAR

(19)

 

 

 

Co-offender:

ISKANDAR [2012]

[2012] NSWSC 149

Davies J

 

[2013] NSWCCA 235

VG

25y

NPP 18y

AA

To backdate sentence

nil

Stabbing

Intent to kill

SNPP 20 years

With father took action against mother's lover – together waited for victim to return home – victim attacked in street by offender with hammer and stabbed by father with knife – left home that evening with father intending to kill victim

Father somewhat dominating and controlling

PERISH

(42)

 

 

 

 

 

LAWTON

[2012] NSWSC 355

Price J

 

[2016] NSWCCA 89

VG

Murder

 

Conspiracy murder

 

 

VG

Murder

 

Conspiracy murder

24y

NPP 18y

 

14y

NPP 10y 6m

(concurrent)

 

20y

NPP 15y

 

10y

NPP 7y 6m

(concurrent)

Conviction AD

Attempt dissuade witness from giving evidence; no violence

 

 

Not significant

Died while in boot of car

(2001) victim killed and body dismembered - offenders believed victim killed grandparents of Perish brothers and was police informer against Motorcycle Club of which one offender a member - recruited others to abduct victim in vehicle and bring to location where victim would be killed by offenders - victim died en route - sentenced on basis victim already died before arrival at location

P - mastermind behind elaborate plan - recruited others – co offenders followed his directions – motivated by revenge for killing of grandparents - lessens need for personal deterrence and protection of community – supportive family

L - intention to kill and to participate in dismemberment of body – not engaged in planning of offence – supportive family

Co-offender Perish sentenced for conspiracy to murder

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

MILAT

(17)

 

KLEIN

(18)

[2012] NSWSC 634

Mathews AJ

 

[2014] NSWCCA 29

PG

(No discount)

 

PG

(CCA – 25%)

43y

NPP 30y

 

32y

NPP 22y

AD

 

 

AA

27y

NPP 20y

Mid-range PCA.

 

No violence.

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.

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

K – impressionable and strongly influenced by M - no psych illness - prospects of rehabilitation at least moderate and more favourable – within serious range

GOUNDAR

(26)

[2012] NSWCCA 154

PG

(40% combined )

12y

NPP 9y

AA

9y 6m

NPP 7y 2m

 

Stabbing

Accessory

SNPP 20 years

Female - male victim commenced sexual relationship with offender – stabbed to death by offender's estranged husband – lured to house by offender at request of husband – assisted in masking offence and disposing of body.

Assistance to authorities.

Husband sentenced for manslaughter on basis of provocation

ISKANDAR

(55)

 

 

 

 

 

 

 

Co-offender:

ISKANDAR [2012]

[2012] NSWSC 1324

Davies J

 

[2013] NSWCCA 256

VG

(10% - see facts)

23y

NPP 17y

Conviction ADBond for common assault

Stabbing

Intent to kill

SNPP 20 years

Ambushed wife's lover outside his home with 19y son - confronted and attacked victim in street with hammer – chased victim and stabbed him in chest and back – kicked female passer-by attempting to protect victim on ground – vicious and prolonged attack - a little above mid-range seriousness – significant pre-planning

Genuine remorse – upset over relationship between victim and offender's wife – discount for offer to plead to manslaughter - provocation

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] NSWSC [525]

[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

MA

(17)

 

 

 

 

 

 

 

 

 

 

 

 

BYQUAR

(18)

 

 

 

 

 

 

 

 

 

RAMOS

(18)

 

 

 

 

 

Co-Accused:

NATUBA [2012]

TAMAPUA [2012]

KHOURY [2013]

KARIMI [2013]

MIR [2013]

[2012] NSWSC 1527

Johnson J

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[2015] NSWCCA 313

(Ramos only)

PG

(25%)

Murder

 

Sp Agg BES

 

 

AR

 

Sched:

Conspire rob

AR

 

 

PG

(25%)

Murder

 

AR

 

Sched:-

AR

 

 

 

PG

(25%)

Murder

 

Sp Agg BES

 

 

AR

 

Sched:

Conspire rob

AR

20y

NPP 14y

 

 

5y 6m

NPP 4y

 

5y 6m

NPP 4y

 

Total:

23y

NPP 17y

 

23y

NPP 16y

 

 

8y

NPP 6y

 

Total:

25y

NPP 18y

 

17y

NPP 12y

 

 

4y

NPP 3y

 

5y 6m

NPP 4y

 

Total:

19y

NPP 14y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AA

14y 3m

NPP 10y

 

4y

NPP 3y

 

5y 6m

NPP 4y

 

Total:

16y 3m

NPP 12y

on bond. Stalking, intimidation, assault w.i rob in co.

 

 

 

 

 

 

 

 

 

AOABH, Rob in co.

 

 

 

 

 

 

 

 

 

Nil

Joint criminal enterprise.

Wounded with meat cleaver / machete

SNPP 20 years

Home invasions committed over three-day period with number of other young males - armed with meat cleavers - occupant at one home seriously injured - occupant of another house killed while resisting offenders.

 

MA – did not strike victim but present - remorse, rehabilitation, maturity

B – struck victim - drug / alcohol abuse - remorse

R – outside house assisting – remorse, rehabilitation

NATUBA

(19)

 

 

 

 

 

 

 

 

 

TAMAPUA

(20)

 

 

 

 

 

 

Co-Offenders:

MA [2012]

BYQUAR [2012]

RAMOS [2012]

KHOURY [2013]

KARIMI [2013]

MIR [2013]

[2012] NSWSC 1569

Johnson J

PG

(50%)

Murder

 

AR

 

Sched – Robbery

 

 

 

 

PG

(50%)

Murder

 

Sp Agg BES

 

 

Poss Firearm

 

 

Poss weapon

 

Sched:-

3 x Robbery

14y

NPP 10y

 

 

5y

NPP 3y 9m

 

Total:

15y

NPP 11y

 

14y

NPP 10y

 

 

4y

NPP 3y

 

3y

NPP 2y

 

FT 2y

 

Total:

15y 6m

NPP 11y 6m

 

Agg robbery – breached bond.

 

 

 

 

 

 

 

 

 

Robbery, assault, breach AVO - on bond

Assault with meat cleaver / machete

Joint criminal enterprise

SNPP 20 years

Home invasions committed over three-day period with number of other young males - armed with meat cleavers - occupant at one home seriously injured - occupant of another house killed while resisting offenders

N – threatened victim with cleaver

T - organisational role – did not enter homes

 

Each received discount for assistance to authorities - undertaking to give evidence against co-accused - youth – drug and alcohol abuse

SMITH

[2012] NSWSC 1565

Rothman J

VG

Murder

 

Destroy dwelling by fire

14y

NPP 10y

 

FT 2y

 

Total:

14y 6m

NPP 10y 6m

 Domestic violence – breached conditional liberty

Assault

Extended joint criminal enterprise

SNPP 20 years

Suggested known drug dealer to co-offenders as subject for robbery – victim viciously kicked and assaulted and run over by car - present during offence but not involved in assault - contemplated co-offenders could form intention to inflict GBH – no agreement to kill or inflict GBH – provided jerry can for co-offenders who returned to scene and set fire to home incinerating body - objective criminality in lowest possible category - no intention, initially, of obtaining financial gain - motives not totally clear, but most probably included revenge for victim's treatment of offender's mother

Drug abuse – difficult upbringing including sexual abuse – mental health issues and probably brain damage – some assistance

Three co-offenders pleaded guilty to manslaughter - McCulloch, Biffen and Biffen [2013] NSWSC 894

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.

SUTCLIFFE

(40)

 

 

HOSKINS

(39)

 

 

MOULDS

(30)

[2013] NSWSC 715

Grove AJ

 

(Sutcliffe)

[2014] NSWCCA 208

 

(Hoskins - conv'n)

[2014] NSWCCA 207

 

(Hoskins - sentence)

[2016] NSWCCA 157

VG

16y

NPP 12y

 

 

12y

NPP 9y

 

 

10y

NPP 7y 6m

Conviction AD

 

 

 

Conviction AD

Sentence AD

Manslaughter

 

 

 

Assault.

 

 

 

Minor

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 – H armed with baseball bat and intended to inflict serious injury – neither H or M aware of knife - provocation

S: family – young child

H: poor health – protection

M: developmental disability – rehabilitation prospects.

Fourth offender Brown convicted of manslaughter

SAFETLI

(46)

 

 

 

 

 

 

Co-offender:

GATTELLARI

[2013] NSWSC 1096

Latham J

PG

(60% combined)

 

Intimidation

9y

NPP 6y 6m

 

6m

 

Total:

9y 6m

NPP 7y

 nilShooting

SNPP 20 years

Organised and present at shooting of male businessman in front yard of home in presence of 9y son – killing ordered and paid for by business associate of victim – after several months delay recruited and assisted 19y shooter – paid $300,000 – several months later arranged for victim's wife to be threatened about payment of debts – active and direct role

Significant assistance

GATTELLARI

(63)

 

 

 

 

 

Co-offender:

SAFETLI

[2013] NSWSC 1097

Lytham J

PG

(60% combined)

10y

NPP 7y 6m

 nilShooting

SNPP 20 years

Asked by close business associate to organise killing of male businessman – over many months recruited and made arrangements with S for killing – victim shot dead in front yard of home in presence of 9y son – played primary role but no evidence received financial benefit – acted out of misguided loyalty

Significant assistance – prior good character

SMITH

(27)

 

 

 

Co-offenders:

SMITH [2013]

KENNEDY [2015]

[2013] NSWSC 1159

Schmidt J

PG

(18%)

22y 11m

NPP 17y 2m

 Considerable record

Assault

Intent GBH

Joint criminal enterprise

SNPP 20 years

Three men broke into home of 75y male occupant – severely assaulted in attempt to obtain access to safe – active participant in assault - left for nearly a day – joint criminal enterprise – moral culpability high

Evidence of remorse - drug addicted – aboriginal – low intelligence – poor schooling

LOCKETT

(27)

 

 

 

 

 

 

 

 

 

Co-offender:

BROWN

[2013] NSWSC 1555

Price J

VG

18y

NPP 13y

 Drugs and weapons – breached conditional liberty – no violence

Shooting

Intent GBH

SNPP 20 years

Part of group of males who assaulted victim outside his home - given gun by B but thought it was a pole - struck victim on head with gun and it discharged killing victim – cowardly attack by group – no intent to kill – spontaneous offence – did not know weapon was a gun and did not know gun loaded – below middle of range – equal culpability to B

Remorse – special circumstances: need for drug counselling – some prospects of rehabilitation. Co-offenders Tuivaga and Barnes sentenced for manslaughter

BROWN

(27)

 

 

 

 

 

 

 

 

 

Co-offender:

LOCKETT

[2013] NSWSC 1557

Price J

 

[2015] NSWCCA 11

VG

19y

NPP 13y 9m

ADReckless wounding in company – murder committed on bail for these offences

Shooting

Joint criminal enterprise

SNPP 20 years

Initiator of confrontation - gave loaded shotgun to L – with four offenders confronted male next door over sale of pistol – encouraged and participated in assault – threatened female - male struck over head with gun by L – L unaware loaded shotgun - gun discharged killing victim – cowardly attack by group – no intent to kill – spontaneous offence – equal culpability to L – below middle of range

No remorse and no finding as to rehabilitation prospects – difficult family background

Co-offenders Tuivaga and Barnes sentenced for manslaughter

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

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

SMITH

(26)

 

 

 

 

 

Co-offenders:

SMITH [2013]

KENNEDY [2015]

[2013] NSWSC 1723

Barr AJ

PG

Murder

 

2 x AR

20y

NPP 14y

 

8y

NPP 6y

(each)

 

Total:

23y

NPP 17y

 Property offences related to drug problem – breached parole

Assault

Joint criminal enterprise

SNPP 20 years

Involved in breaking into home of elderly victim - sustained assault on male occupant by co-offender – acted as lookout - left victim to die - on earlier occasion broke into home with two co-offenders and assaulted male occupant – forced female occupant to ATM to withdraw money – threats made

Aboriginal with difficult childhood – early drug and alcohol abuse

KARIMI

(22)

 

 

 

 

 

 

 

 

 

 

 

Co-offenders:

KHOURY [2013]

MIR [2013]

NATUBA [2012]

TAMAPUA [2012]

MA [2012]

BYQUAR [2012]

RAMOS [2012]

[2013] NSWSC 1761

Johnson J

VG

Murder

 

Conspiracy AR

 

 

s.112(3)

 

 

2 x AR

 

 

Conspiracy to murder

 

Possess firearm

24y

NPP 17y

 

6y

NPP 4y

 

8y

NPP 6y

 

10y

NPP 7y

 

12y

NPP 9y

 

4y

NPP 3y

 

Total:

37y

NPP 30y

 Limited

Assault with meat cleavers

Joint criminal enterprise

Intent to kill

SNPP 20 years

Home invasions committed over three-day period by young males armed with meat cleavers linked to drug dealing - occupant at one home seriously injured - occupant of another house killed with meat cleaver while resisting offenders – planned to engage subsequent fight to death

Karimi significant role in organisation -Afghani

KHOURY

(29)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offenders:

KARIMI [2013]

MIR [2013]

NATUBA [2012]

TAMAPUA [2012]

MA [2012]

BYQUAR [2012]

RAMOS [2012]

[2013] NSWSC 1761

Johnson J

VG

Murder

 

Consp AR

 

 

Possess firearm

 

 

s.112(3)

 

 

Recruit to commit AR

 

AR

 

 

AR x 2

 

 

Conspiracy to murder

26y

NPP 18y

 

6y

NPP 4y

 

4y

NPP 3y

 

10y

NPP 7y

 

FT 3y

 

 

10y

NPP 7y

 

11y

NPP 7y

 

12y

NPP 9y

 

Total:

40y

NPP 32y

 Minor

Assault with meat cleavers

Joint criminal enterprise

Intent to kill

SNPP 20 years

Home invasions committed over three-day period by young males armed with meat cleavers linked to drug dealing - occupant at one home seriously injured - occupant of another house killed with meat cleaver while resisting offenders – planned to engage subsequent fight to death

Khoury effective leader of organisation involved in drug dealing – continued to plan criminal activity after murder - Lebanese

MIR

(20)

 

 

Co-offenders:

KARIMI [2013]

KHOURY [2013]

NATUBA [2012]

TAMAPUA [2012]

MA [2012]

BYQUAR [2012]

RAMOS [2012]

[2013] NSWSC 1761

Johnson J

VG

Murder

 

AR

 

 

AR

26y

NPP 19y

 

10y

NPP 7y

 

11y

NPP 7y

 

Total:

31y

NPP 24y

 Minor

Assault with meat cleavers

Joint criminal enterprise

Intent to kill

SNPP 20 years

Home invasions committed over three-day period by young males armed with meat cleavers linked to drug dealing - occupant at one home seriously injured - occupant of another house killed with meat cleaver while resisting offenders – planned to engage subsequent fight to death

Mir – foot soldiers - Afghani

PATON

(28)

 

 

 

Co-offender:

KEARNES [2013]

[2014] NSWSC 71

Button J

VG

19y

NPP 14y3m

 Record – breached parole

Shooting

Accessory

SNPP 20 years

Male victim shot by co-offender in victim's home – drove with co-offender from nearby town aware of his intention to kill for several hours – present in general vicinity of units when shooting occurred

Background of deprivation and violence leading to early alcohol and drug addiction

SAFAR

 

 

 

 

 

 

 

Co-offender:

JUBRAEEL [2014]

[2014] NSWSC 376

Rothman J

PG

(12.5%)

15y 9m

NPP 11y

 No history of violence of dishonesty

Shooting

Joint criminal enterprise

SNPP 20 years

Approached home of victim at night with two co-offenders – victim pulled back curtain to investigate and shot dead by co-offender –intended BES with no violence - first aware of gun when alighted car – lowest end of range of seriousness – affected by drugs and fear of co-offender prevented withdrawal

Drug addiction motive for robbery – genuine remorse – good prospects of rehabilitation

JUBRAEEL

 

 

 

 

 

 

 

 

Co-offender:

SAFAR [2014]

[2014] NSWSC 838

Rothman J

 

[2015] NSWCCA 131

VG

17y

NPP 12y

Conviction ADAR

Shooting

Joint criminal enterprise

SNPP 20 years

Approached home of victim at night with two co-offenders – victim pulled back curtain to investigate and shot dead by co-offender –intended BES with no violence - first aware of gun when gun drawn by shooter shortly before shooting - lowest end of range of seriousness – shooting based on reckless indifference to life

Traumatic childhood upbringing in Iraq – personal drug use – testing revealed to be in 'intellectual disabled' range

EVANS

(41)

 

RAWLINSON

(42)

 

 

 

Co-offender:

PROUD [2017]

SPICER [2015]

[2014] NSWSC 979

Harrison J

PG

(25%)

 

VG

24y

NPP 18y

 

36y

NPP 27y

 

Nil

 

 

Nil

Arson.

Joint criminal enterprise

SNPP 20 years

R was principal and driving force behind plot to kill victim – R in relationship with victim – R 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

R: above mid-range objective seriousness – calculated planned offence – not present at fire

E: female - Aboriginal – depression – purchase of items to start fire – planned

SAFI

(37)

[2014] NSWSC 1208

Bellew J

VG

22y 8m

NPP 17y

 Driving and dishonesty offences

Assault

Joint criminal enterprise

Intent GBH

SNPP 20 years

Fatal assault on male acquaintance with brother – victim had made threats, stolen from offender and attempted to break onto offender's house – baseball bat used – victim a stand over man

E McKELLAR

(18)

 

 

 

 

 

 

 

 

 

 

 

B McKELLAR

(28)

[2014] NSWSC 1243

RA Hulme J

VG

Murder

 

Wound with intent

 

 

Att AR

 

 

 

 

 

 

VG

Murder

 

Wound with intent

 

 

Att AR

20y

NPP 14y

 

8y

NPP 6y

 

5y

NPP 3y 9m

 

Total:

24y

NPP 18y

 

20y

NPP 14y

 

8y

NPP 6y

 

5y

NPP 3y 9m

 

Total:

24y

NPP 18y

 

Lengthy – breached parole

 

 

 

 

 

 

 

 

 

 

 

Lengthy – breached bail for assault offence

Stabbing

Intent GBH

Extended joint criminal enterprise

SNPP 20 years

Four males attended home of victim with intent to rob – victim sold small amounts of cannabis on regular occasions – group brought machete and knife to scene - victim assaulted by BMcr at door to house – BMc pursued by victim and 17y son – son stabbed by EMc twice at request of BMc to 'kill the cunt' – victim surrounded and assaulted by four offenders – stabbed four times by EMc – spontaneous assault

Aboriginal brothers with difficult background including domestic violence

E McKellar very low intellectual functioning

B McKellar suffering brain damage from accident

TNV

(17)

 

 

 

 

 

 

Co-offenders:

NGUYEN [2011]

LUONG [2011]

[2014] NSWSC 1510

Fullerton J

PG

(15%)

Murder

 

Murder

13y 7m

NPP 8y 10m

 

 

15y 3m

NPP 9y 11m

 

Total

19y 3m

NPP 13y 11m

  

Stabbing

Joint enterprise

Victims stabbed during attack by four males outside bar during argument – TVN inflicted non-fatal stab wound on one victim during fight - attack response to earlier attack on co-offender by one victim and friends  – delay between incidents and degree of planning – disregard for public safety – under influence of 26y co-offender – above mid-range

Spent three years in Vietnam with father after murder – voluntarily returned – difficult childhood – evidence of rehabilitation

KENNEDY

(18)

 

 

Co-offenders:

SMITH [2013]

SMITH [2013]

[2015] NSWSC 327

Wilson J

 

[2016] NSWCCA 114

PG

(5% on appeal)

21y

NPP 15y 9m

Sentence AA

20y

NPP 15y

Not as serious as co-offenders

Assault

Joint criminal enterprise / intent GBH

SNPP 20 years

Three men broke into home of 75y male occupant – victim severely assaulted in attempt to obtain access to safe – left for nearly a day – moral culpability high but lower than co-offenders

Drug addicted – aboriginal – exposed to drugs early  - low intelligence – poor schooling

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.

MOORE (No.2)

(24)

 

 

 

 

 

 

Co-offenders:

MOORE [2016]

PRICE [2016]

[2015] NSWSC 214

Garling J

 

[2016] NSWCCA 185

VG

24y

NPP 18y

ADLengthy record  involving violence – breached bond

Assault

Intent GBH

SNPP 20 years

Assaulted male acquaintance on head with mattock handle during argument outside victim's house – argument over supply of cannabis commenced several hours previously by phone texts – threats made by victim – mother of offender planned and encouraged confrontation – all participants armed – slightly above mid-range

Some prospects of rehabilitation – remorse – some co-operation in conduct of trial – chaotic, tragic and dysfunctional personal history

EVANS

(22)

[2015] NSWSC 254

Davies J

PG

(5%)

Murder

 

Steal from

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

SB

(16)

 

AE

(16)

[2015] NSWSC 659

Hall J

 

[2016] NSWCCA 228

(AE)

VG

 

 

VG

12y

NPP 8y

 

12y

NPP 8y

 

 

 

Conviction AD

Nil

 

 

Nil

Assault

Joint criminal enterprise

Part of group of males involved in bashing and fatal assault of 17y male at party – group kicked and bashed victim – struck on head by co-offender JP with wine bottle causing death.

Each offender had favourable rehabilitation and strong subjective circumstances.

MOORE

(51)

 

PRICE

(44)

 

 

 

 

 

 

Co-accused:

(J) MOORE [2015]

[2015] NSWSC 1101

Garling J

 

(Moore)

[2016] NSWCCA 300

VG

 

 

VG

22y

NPP 15y

 

18y

NPP 12y

AD

Not significant

 

 

Nil - driving offence only.

Assault

Accessory

SNPP 20 years

Female offender (M) and her partner (P) accessory to murder by son JM - JM struck 47y male with wooden mattock handle in dispute over drug deal - offenders encouraged and assisted JM – M armed with hobby hammer – P struck victim with fishing rod – victim armed with knives

Moore: upper end of mid‑range of seriousness of objective criminality - good prospects of rehabilitation, remorse – special circumstances

Price: lower end of mid-range of seriousness – played a lesser role - good character - good prospects of rehabilitation – special circumstances

BASANOVIC

(47)

[2016] NSWSC 292

DaviesJ

VG

Murder

 

s.33

24y 9m

NPP 18y

 

9y 4m

NPP 7y

 

Total:

27y 9m

NPP 21y

 Firearms, drugs and violence – breached bond for fraud

Shooting

Intent to kill

Joint criminal enterprise

SNPP 20y

Both offender and victim members of bikie club - serious falling out – threats made to offender – visited victim's office with son and friend – heated argument and son shot victim – five shots fired – employee shot in arm and seriously injured - agreement to kill – element of self-defence but sought revenge – little below mid-range

Son convicted at murder trial of manslaughter

PHAN

(30)

[2016] NSWSC 483

Mathews AJ

VG

Murder

 

PG

(20%)

2 x s.97(2)

 

2 x s.97(2)

Indicative:

14y

NPP 10y

 

 

6y (each)

 

7y (each)

 

Agg:

20y

NPP 14y

 Lengthy record for minor offences

Shooting

Accessory to constructive murder

SNPP 20 years

Armed robbery of fruit shop – armed with hammer – co-offender armed with pistol – employee shot twice by co-offender while detaining offender – liable on basis foresaw gun being discharged but not being used to cause GBH or death – lower range - other armed robbery offences committed week before in company with co-offender

Difficult childhood

AC (No.7)

(34)

[2016] NSWSC 404

(Hamill J)

PG

(50% combined)

Murder

 

Accessory before s.33A(1)(a)

 

Sched: Participation in a criminal group - s.93T

8y

NPP 5y

 

 

4y 6m

NPP 3y

 

Total:

9y 6m

NPP 6y 6m

 Nil

Accessory before the fact

Shooting

Female – acting under duress - associated with Brothers for Life gang members involved in gangland violence / turf war - worked for solicitor representing various gang members – told FQ she heard LC planned to kill him – drove 3 gang members who intended to kill LC to home where LC was – HM shot dead by mistake - attended cafe location of another intended shooting with gang members - identified proposed target and his car – target later shot

Fearful of FQ who threatened her and family but remained involved with gang knowing they were involved in serious gangland activity.

Mid-range objective seriousness - carefully planned execution of rival gang member.

Good prospects rehabilitation – assistance - onerous custodial conditions

ROGERSON

(75)

 

 

 

 

MCNAMARA

(57)

[2016] NSWSC 1207

Bellew J

VG

Murder

 

Supply lge comm qty ice

 

VG

Murder

 

Supply lge comm qty ice

Life

 

 

12y

NPP 9y

 

Life

 

 

12y

NPP 9y

 

Dishonesty offences

 

 

 

 

Nil

Shooting

Intent to kill

Joint criminal enterprise

SNPP 20 years

Joint criminal enterprise to kill 20y male drug dealer and take 2.78kg ice – extensive planning weeks prior to shooting – arrangements made to source and prepare suitable place for killing as well as car and boat used for disposal of body – victim lured to storage unit and shot dead by one offender – body dumped at sea – drugs repackaged for disposal – brutal execution – aggravating factors: use of weapon / in company / financial gain – no material distinction in roles – no different to contract killing

Both offenders former police officers – importance of sentence to deter police officers misusing knowledge gained through profession – objective gravity so grave ignore small number of mitigating factors

HAINES

(31)

 

 

 

 

 

 

 

 

LEE

(37)

[2016] NSWSC 1333

Harrison J

PG

(20% - combined)

Murder

 

AR

 

 

 

 

 

PG

(15%)

Murder

 

AR

14y 8m

NPP 11y

 

 

5y

 

Total:

15y 8m

NPP 12y

 

17y 6m

NPP 13y 6m

 

 

5y

 

Total:

18y 6m

NPP 14y 6m

 

Moderate record

 

 

 

 

 

 

 

 

 

Significant record

Stabbing

Constructive / joint criminal enterprise

SNPP 20 years

Three offenders approach unit of known drug dealers with intention to rob occupants of drugs and money – during violent struggle one occupant fatally stabbed by L – second occupant assaulted by H and stabbed by L – planned robbery shortly before arriving at unit – constructive murder based on armed robbery with wounding - H did not foresee possibility knife would be used with relevant intent – below mid-range for both offences

Lifelong drug addicts – difficult family backgrounds - remorse

H - borderline intelligence – reasonable prospects of rehabilitation

L – limited prospects of rehabilitation

CAMERON

(62)

 

 

 

 

 

 

 

 

 

 

FORWARD

(21)

 

 

 

Co-offender:

ZANKER [2017]

[2016] NSWSC 1342

Fagan J

 

[2017] NSWCCA 229

(Cameron)

PG

(40% combined)

Murder

 

(25% plea)

Cultivate lge comm qty

 

 

 

 

PG

(30% combined)

Murder

 

(25% plea)

Cultivate lge comm qty

24y

NPP 18y

 

 

10y

NPP 7y 6m

 

Total:

28y

NPP 22y

 

21y

NPP 15y 5m

 

 

3y

NPP 2y 3m

(concurrent)

AD

Persistent offender in relation to cannabis – breached parole for cannabis offence

 

 

 

 

Nil

Stabbing

Intent to kill

SNPP 20 years

C one of two principals in hydroponic cannabis plantation in shed at rear of property – F and victim two of several workers – concerns developed as to violence and instability of victim – plan developed to kill victim – grave dug in remote area one week prior to killing – victim fatally stabbed by F in sustained assault in cannabis shed in presence of C and two others – body buried in grave – pre-meditated - killed to protect planation and financial gain for C – brutal killing – in company – disposal of body

Planation involved 664 plants – highly organised and high volume commercial planation – involved some supply

C – Principal in both offences

F – willing participant – drug user probably impaired by substance intoxication at time of killing

BLUNDELL

(21)

[2016] NSWSC 1810

(Hall J)

VG

10y

NPP 7y

 Armed rob

Tomahawk

Intent GBH

Accessory before the fact

Principal offender killed 33y male by assault and using tomahawk - offender not present – offence motivated by anger and sense of revenge toward victim for not having paid agreed share of money made from property they had all stolen together – offender and principal offender possessed shared intent to inflict GBH - offender encouraged and/or assisted principal.

Severe substance use disorder – special circumstances

SWAN

(31)

 

 

 

KIMURA

(50)

[2016] NSWSC 1819

N. Adams J

VG

26y 6m

NPP 19y 6m

 

 

 

23y

NPP 17y

 

Breached conditional liberty – assault offences

 

Minor

Assault

Intent GBH

SNPP 20 years

Two males broke into unit and stole property – agreement reached in unit to assault elderly male occupant – victim assaulted by S – died of injuries 8mths later – just above mid-range – S more culpable than K – aggravating factors: in company – in victim's home – vulnerable victim – S armed with large knife

S – Aboriginal with derived childhood

K – Maori – assaulted in gaol because gave evidence on sentence and in protection – fearful for life – facilitated trial

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

PROUD

(29)

 

 

 

 

 

 

 

 

 

Co-offenders:

EVANS [2014]

RAWLINSON [2014]

SPICER [2015]

[2017] NSWSC 286

(Harrison J)

PG

(10%)

10y

NPP 6y

 Nil significant

Arson

Accessory before the fact

Female introduced partner to friend aware really serious harm could be caused to victim – did not encourage offence – victim murdered in fatal house fire caused by co-offenders – minor and largely passive involvement – low to moderate end of scale

Difficult and abusive personal life – mental illness – mother to three children – relationship with partner abusive – prior good character – genuine remorse – prospects of rehabilitation where no drug use

Originally convicted and sentenced for murder – conviction quashed on appeal – offence changed from joint criminal enterprise to accessory before – reference to difference in criminal culpability at [31]-[32]

KADDOUR

(19 at offence – 23 at sentence)

[2017] NSWSC 586

Mathews AJ

VG

20y

NPP 15y

 Minor

Assault

Intent GBH

SNPP 20 years

Co-offender AZ pinched on bottom by male friend – probably gesture of friendship but AZ felt very insulted – offender, AZ and another co-offender attacked victim with various objects and a pole – suffered serious blunt force injuries - unprovoked attack – spontaneous rather than premeditated – mid-range

Good prospects rehabilitation – youth - no remorse – drug abuse – supportive family and community – employed – well-regarded

G STOCCO

(56)

 

 

 

 

 

 

 

 

 

 

 

 

M STOCCO

(34)

[2017] NSWSC 304

Davies J

 

[2018] NSWCCA 77

PG

(25%)

Murder

 

Arson

 

2 x s.33A(2)(a)

 

Sched

5 related offences

 

 

 

 

PG

(25%)

Murder

 

Arson

 

2 x s.33A(2)(a)

 

Sched

5 related offences

Indicative

26y

NPP 19y 6m

 

5y 3m

 

9y

NPP 6y 9m

(each)

 

Agg

40y

NPP 28y

 

Indicative

26y

NPP 19y 6m

 

5y 3m

 

9y

NPP 6y 9m

(each)

 

Agg

40y

NPP 30y

AD

Property offences

 

 

 

 

 

 

 

 

 

 

 

 

Stealing and robbery offences

Shooting

Intent to kill

SNPP 20 years

Father and son – entered rural property at night where had previously worked as caretakers – angry at treatment by previous owner – slashed tyres – stole diesel and set fire to outbuildings – substantial damage and financial loss - did not intend to hurt people – upper mid-range

One year later living with victim on remote property tending cannabis plantation – at urgings of son father shot victim – no real planning or pre-meditation – in company – use of weapon – at home of victim – disposed of body and burned possessions to cover tracks – high mid-range

Picked up driving stolen vehicle – police pursuit over rural roads – shot at three police cars with high powered automatic rifle – not aiming at police officers – upper mid-range

Leading itinerant lifestyle after breakdown in marriage between father and wife – developing anti-authoritarian attitudes – no mental illness

SINCLAIR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

EVANS [2017]

[2017] NSWSC 686

RA Hulme JA

PG

(15% combined)

Murder

 

 

s.112(3)

 

 

PG

(35% combined)

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

F. QUAMI

(34)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

M.QUAMI

[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

[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

ZANKER

 

 

 

 

 

 

 

 

 

Co-offenders:

FORWARD [2016]

CAMERON [2016]

[2017] NSWSC 1254

Fagan J

VG

12y

NPP 6y 8m

 Comparatively minor

Stabbing

Accessory before the fact

Worker on cannabis cultivation – with co-offenders became concerned about violent and unpredictable co-worker – knowingly travelled north to assist in digging grave in bush – not present at time of killing but assisted in clean up and burial of body

Born with spina bifida resulting in serious physical disabilities – difficult and chaotic childhood – mental health issues – long-term cannabis use – good prospects of rehabilitation – extremely difficult custodial conditions due to vulnerability

Sentenced on earlier occasion for involvement in cannabis plantation – 3y 9m NPP 2y 6m

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

ROLFE

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

WESTERN [2017]

[2017] NSWSC 1393

Rothman J

PG

(slightly above 50% combined)

Murder

 

Possess firearm

 

Sched:

Possess ammo

13y

NPP 8y 6m

 

 

 

7y 4m

NPP 5y 6m

 

Total:

13y

NPP 5y 8m

 Includes inflicting grievous boldly harm

Shooting

Intent GBH – Joint criminal enterprise

NPP 20 years

New member recruited by Sergeant at arms of Bikie Club to 'touch up' victim – arranged cars to travel to victim's workshop - attended workshop with intent to cause GBH – dispute over bike belonging to victim and seized by Club – co-offender shot victim twice in stomach and groin – not contract killing but assertion of authority – offender carried gun but did not intend to use it – less culpable than shooter – offence well above mid-range

Believed would be subjected to discipline if did not accompany co-offender – significant assistance resulting in protective custody and witness protection - remorse

EVANS

[2017] NSWSC 1440

R A Hulme J

PG

(25% combined)

Murder

 

Sched:

2 offences

24y

NPP 18y

 Assault - recklessly cause GBH – stalking / intimidate - BES

Assault

Accessory

NPP 20 years

With female co-offender targeted home under mistaken belief drug dealer was living there –objective of threatening any occupants and using violence if necessary to steal – offender tied up 65y male with tape – forceful and sustained assault causing death – not known who inflicted fatal violence – assault possibly with impromptu use of items found in vicinity as weapons - victim left bound and gagged but died some short period of time after - joint criminal enterprise to detain victim with intention of stealing property in company and actual bodily harm being inflicted - premeditated invasion - mid-range

Background of significant abuse - assistance

KOLOAMATANGI

(35 at offence)

 

 

 

POPOVIC

[2017] NSWSC 1631

N.Adams J

VG

 

 

 

 

VG

Life

 

 

 

 

34y

NPP 26y

 

Lengthy – includes violence – breached parole

 

Lengthy record including firearms offence – breached parole for manslaughter shooting

Shooting

Intent to kill

NPP 20 years

P 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

K – Tongan – violent childhood – incarcerated most of adult life – low intelligence – substance abuse

P - dysfunctional childhood

MARTINEZ

(21)

 

 

 

 

 

 

 

 

TORTELL

(18)

[2017] NSWSC 1659

Mathews AJ

VG

Murder

 

 

Reckless wound

 

 

 

 

 

VG

Murder

21y 9m

NPP 15y 9m

 

 

1y

 

Total:

22y

NPP 16y

 

22y

NPP 16y

 

Nil

 

 

 

 

 

 

 

 

 

Nil

Stabbing

Intent to kill

NPP 20 years

M had history of animosity with male victim – confronted victim with knife and cut fingers (wounding offence) - T chased and stabbed victim eight times – victim stabbed at instigation of M

T: slightly below mid-line of objective seriousness - large knife - victim unarmed and attempting to run away – unprovoked in relation to T - committed offence to assist M, who felt threatened - no real premeditation

M: PTSD due to previous drive-by shootings and threats by victim against M significant mitigating factor - below mid-line of objective seriousness - slightly below T

Youth – difficult backgrounds.

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

BORG

(23)

 

 

 

 

 

 

Co-offender:

GATT

[2018] NSWSC 746

Schmidt J

PG

(40% combined)

16y 2m

NPP 12y 2m

 minor drug – breached bail

shooting

accessory

NPP 20 years

One of two men who approached 18y victim in parked car – co-offender shot victim seven times – offender armed but did not shoot – joint criminal enterprise to cause really serious injury – evidence did not establish motive - above mid-range

Out of character – difficult childhood resulting in mental health issues and drug abuse – remorse - assistance

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

Last Updated: 2.7.2018

 

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