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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 - s.19A - Avoid Apprehension / Cover Other Offence

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)

DATE REFPLEASENTENCEAPPEALSUMMARY OF RECORDHOW KILLEDINVOLVEMENT & SUMMARY

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.

MHN

(17y 10m at offence – 20 at sentence)

 

 

 

Co-offender:

TNT [2002]

NSWSC

Kirby J

29.10.1998

PG

MT 16y

AT 6y

 Breached probation for AOABH – subsequent offences for violence

Cut throat with knife

Intent kill

Part of group of four youths who took 17y male acquaintance to park area and assaulted causing serious injury –strangled, stabbed and throat cut – body dumped at building site – brutal crime – seeking to eliminate witness to earlier offence

Vietnamese – suffering depression – Evidence of explosive temper

Subsequently sentenced to concurrent sentence for manslaughter (MHN NSWSC 20.11.1998)

HEARNE

(19)

[1999] NSWSC 605

Wood CJ at CL

 

(2001) 124 A Crim R 451

[2001] NSWCCA 37

PG

Murder

 

 

Mal wound W/I to do GBH

MT 20y

AT 7y

 

 

FT 6y

(concurrent)

AA

18y

NPP 13y

 

FT 6y

 

Total:

21y

NPP 16y

insignificant

stabbing

intent GBH

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

Remorse - surrendered self to police - youth.

OFFER

(35)

[2000] NSWSC 839

G James J

 

[2002] NSWCCA 341

PG

Murder

 

Att Murder

 

Sched:

3 x solicit to murder

34y

NPP 25y

 

FT 10y

(concurrent)

ADof little relevance

cross bow

intent kill

Attempt to kill three witnesses who were to give evidence against him in upcoming trial - offered friend money to take care of three persons - shot wife of one witness with cross bow when she answered door, causing permanent brain damage - shot dead another witness - "very highest criminality" - motivated by panic.

Protective custody - family now in Ireland.

WRIGHT

(25)

[2001] NSWSC 1050

Adams J

PG

Murder

 

Sched:

Aggravated rob with wounding

22y

NPP 15y 6m

  stabbing

Stabbed middle aged woman in own home - broke into home intending to rob victim - killed victim to prevent identification - previously worked for victim and husband - premeditated, cowardly and brutal attack.

Troubled childhood - some prospects of rehabilitation - relative immaturity

WHITFIELD

(17)

[2001] NSWSC 876

Adams J

 

[2002] NSWCCA 501

VG

20y

NPP 13y

Conviction and sentence ADlengthy criminal record

stabbing

intent GBH

Went armed with knives to victim's house with three others to commit robbery - stabbed victim three times probably in panic to escape.

Disturbed and troubled childhood displaying early signs of behavioural difficulties - aboriginal.

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 the 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

HOLTON

(25)

[2002] NSWSC 775

Davidson AJ

 

[2004] NSWCCA 214

VG

Murder

 

Sched:

5 lesser offences

16y

NPP 12y

Crown ADextensive, although nothing as serious

driving

reckless indifference

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

Troubled childhood - sexually assaulted – remorse

KRSTEVSKI

(25)

[2002] NSWSC 977

Kirby J

VG

24y

NPP 18y

 minor fraud offences

assault

intent to kill

Assaulted employer with heavy metal object - instant death - intended to cover up fraud and commit further fraud - premeditated offence

LO

(22)

 

 

Co-accused:

NG

LEW

[2003] NSWSC 582

Adams J

PG

(combined 40%)

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

PENISINI

(24)

[2003] NSWSC 892

Wood CJ at CL

 

[2004] NSWCCA 339

PG

Murder

 

Unauth use of firearm

 

Car jacking

34y

NPP 23y

 

FT 5y

 

 

FT 6y

 

Total:

36y

NPP 25y

Crown ADSerious violent offences – breached parole

Shooting

Intent to kill

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

Tongan – genuine remorse – element of dangerousness to community

Co-offenders M and J Taufahema sentenced for manslaughter

WIGNEY

(36)

 

 

 

 

 

 

 

Co-offender:

SMALE [2005]

[2003] NSWSC 1136

Adams J

 

[2004] NSWCCA 171

PG

(combined 35%)

Murder

 

AR

 

Sched:

5 serious and unrelated off

13y 8m

NPP 8y 6m

 

 

 

6y

NPP 4y 6m

 

Total:

16y 8m

NPP 11y 6m

Crown AA

16y 3m

NPP 12y 2m

 

 

6y

NPP 4y 6m

 

Total:

20y 9m

NPP 16y 8m

Lengthy although less serious – breached parole

Shooting

Felony murder

Robbed club using firearms – struggled with pursuing manager and shot him in chest

Assistance against co-offender – genuine remorse – long history of drug abuse

On appeal found error in finding reflexive discharge of weapon

ASLETT

(33)

[2004] NSWSC 1228

Wood CJ at CL

 

[2006] NSWCCA 360

PG

Murder

 

 

2 x s.61JA

 

8 x s.97(2)

 

2 x s.97(1)

 

Sp agg kidnapping

 

Agg car jacking

 

Att obtain $ by deception

 

3 x LMV

 

Sched:

9 similar offences

Life

 

 

 

Total other offences:

36y

NPP 28y

AA

28y

NPP 22y

 

Total other offences:

36y

NPP 28y

 

Total:

42y

NPP 36y

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

Gunshot

Felony murder

SNPP 20 years

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

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

VILLA

(36)

[2005] NSWCCA 4

VG

2 x Murder

 

3 x Attempt murder

LifeADMinor

Shooting / Stabbing / Strangulation

Intent to kill

Entered home to collect debt – tied up adults – shot male – shot, stabbed and strangled female – shot child in head twice – set fire to house to kill three children – attempt to avoid detection – overall culpability justifies life sentence

DEHAYBI

(20)

[2005] NSWSC 128

Levine J

 

(2006) 160 A Crim R 392

[2006] NSWCCA 31

VG

Murder

 

s.33

 

 

AR

24y

NPP 18y

 

12y

NPP 9y

 

FT 6y

 

Total:

26y

NPP 20y

AD / Crown ADBreached bond for dishonesty offences

Stabbing

Intent GBH

SNPP 20 years

With brother pre-planned armed robbery of family attempting to sell engagement ring – during struggle fatally stabbed adult son and stabbed father in chest

BARTON

(47)

[2007] NSWSC 651

Buddin J

 

[2009] NSWCCA 164

VG

Murder

 

Manslaughter

 

Att Murder

37y

NPP 30y

 

FT 5y

 

FT 13y

 

Total:

42y

NPP 35y

ADOld offence involving fire

Fire

Intent to kill

SNPP 20 years

Shot male acquaintance in back of head during argument – manslaughter by provocation – victim a violent man blackmailing offender over many years – genuine fear for safety – cared for victim's children during following day – dosed children with methadone and set fire to house – intent to cover killing of male – 3y girl killed in fire (murder) – 5y boy rescued by offender (att murder) – significant element of planning – relationship between manslaughter and subsequent offences – murder objectively worst case

Ill health – protective custody – personality deficits exacerbated by victim's behaviour and death of mother

DAVIS

(26)

[2008] NSWSC 55

Mathews AJ

 

[2015] NSWCCA 90

VG

24y

NPP 18y

AA

22y

NPP 16y 6m

Lengthy – mal wounding under similar circumstances

Stabbing

Intent GBH

SNPP 20 years

Broke into apartment to steal property – stabbed male occupant in attempt to escape – victim died 3 days later from heart failure

Disturbed and abusive childhood

KLEIN

(29)

[2008] NSWSC 835

Buddin J

VG

22y

NPP 16y 6m

 Minor

Shooting

Intent to kill

(2001) - Shot male acquaintance in chest and in back of head during confrontation over debt to offender's brother – no initial intent to kill – killed to prevent identification in moment of panic

Good prospects of rehabilitation – out of character – strict bail conditions – long delay

TA'ALA

(20)

[2008] NSWCCA 132

PG

(13%)

Murder

 

Murder

26y

NPP 19y 6m

 

 

35y

NPP 26y 6m

 

Total:

47y

NPP 38y 6m

AA

26y

NPP 19y 6m

 

35y

NPP 23y 3m

 

Total:

47y

NPP 35y 3m

 Bashing and stabbing

(2002) - Beat first victim with cricket bat over head – argument as to drug dealing – bashed and stabbed second female victim who had witnessed attack – extreme violence.

On appeal corrected SJ's intention to set NPP at 75% of total sentence

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

JK

(juvenile)

[2012] NSWSC 710

Harrison J

PG

(17.5%)

Murder

 

Attempted Agg BES

 

Sched:

6 offences

15y

NPP 10y

 

 

FT 2y

 

Total:

15y 9m

NPP 10y 9m

 Breached parole – record for dishonesty and car theft

Car

Constructive murder

With group of young men stole cars – attempted to break into service station – attacked male victim and his adult son standing near car – stole car and drove out of service station – struck male victim on road who was attempting to escape on foot – no intent to run over or inflict harm – affected by alcohol

Difficult and traumatic childhood – low intelligence – limited education - early drug and alcohol abuse – mental illness – aboriginal - youth

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

HUDD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

BROWN [2006]

[2013] NSWCCA 57

VG

Murder

 

AR

 

 

AR

 

 

s.33

 

 

Agg AOABH

27y

NPP 21y 9m

 

10y

NPP 7y 6m

 

10y

NPP 7y 6m

 

5y

NPP 3y 9m

 

2y

NPP 18m

 

Total:

28y 6m

NPP 21y 9m

AD 

Shooting

Felony Murder

Two offenders involved in planned armed robbery of electrical store – three employees tied up – one employee shot dead by offender in pursuit

Fresh evidence as to ill health

DEAN

(37)

[2013] NSWSC 1027

Latham J

 

[2015] NSWCCA 307

PG

11 x Murder

 

8 x s.35(2)

 

Larceny as a clerk

Life

 

 

8y NPP 6y

 

FT 5y

ADNilArson

SNPP 20 years

Lit two fires in aged care nursing home where worked as nurse – had been stealing painkiller medication to feed long-term drug addiction – internal investigation revealed medication being stolen – lit fires to cover theft – while fire was burning retrieved drug log books and destroyed them – fires caused death and injuries to number of elderly victims - worst case category.

Personality disorder – poly substance abuse disorder.

JACOBS (No. 9)

(49)

[2013] NSWSC 1470

Button J

VGLife Lengthy - driving, multiple AR.

Shooting

Intent to kill

SNPP 25 years

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

Drug abuse – learning difficulties as child.

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

FORREST

(50)

[2014] NSWSC 1680

Hidden J

VG

25y

NPP 19y

 Old dishonesty offences

Poison

Intent to kill

SNPP 20 years

Female – carer for 84y male victim – misappropriated funds from sale of victim's house – poisoned victim with morphine tablets and killed him to hide misappropriation – attempted to cover tracks – pre-meditated

Unhappy childhood – gambling problem – very poor health – possible terminal illness – difficult custodial conditions

M BARBIERI

(19)

[2014] NSWSC 1808

Hulme J

 

[2016] NSWCCA 295

PG

(15% on appeal)

 

Sched:

4 offences

35y

NPP 26y

AA

21y 3m

NPP 15y

nil

Stabbing

Intent to Kill

SNPP 25 years

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

Mother pleaded guilty to manslaughter

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

AX

(23)

 

 

 

 

 

 

 

Co-offender:

SYME

[2015] NSWSC 317

Johnson J

PG

(25%)

26y 7m

NPP 19y 11m

 Destroy property; use offensive weaponAssault

SNPP 20 years

Lived with 76y male victim – planned to defraud victim taking $30k from bank account using fraudulent cheque – victim discovered money missing from his account – attacked victim with tyre iron - numerous blows to head – substantial violence – motivated by greed and desire to hide fraud - above mid-range

Disturbed upbringing – drug abuse – gambling - assistance to authorities – remorse – difficult to predict rehabilitation

SYME

(27)

 

 

 

Co-offender:

AX

[2015] NSWSC 1609

Adams J

PG

(15%)

21y

NPP 12y

 MinorAssault

SNPP 20 years

Female – 76y male victim bashed by co-offender (husband) so that victim would not discover they had taken money from victim's bank account – victim bashed to head with tyre lever and metal pipe

Dysfunctional background – drug abuse

FULLER

(18)

[2016] NSWSC 815

Rothman J

PG

(not full 25%)

 

Sched

Add offences

24y 6m

NPP 17y

 Long record

Assault

Intent GBH

SNPP 20 years

Believed victim owed offender money for stolen goods sold on behalf of offender – lured victim to meeting – punched victim twice then frenzied attack with blunt end of tomahawk – feared victim would report stolen goods to police

Aboriginal with violent and abusive childhood - aggressive and psychopathic personality disorder

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

CAMERON

(62)

 

 

 

 

 

 

 

 

 

 

FORWARD

(21)

 

 

 

 

Co-offender:

ZANKER [2017]

[2016] NSWSC 1342

Fagan J

 

[2017] NSWCCA 229

(Cameron)

PG

(40% plea and assist)

Murder

 

Cultivate lge comm qty

(25% plea)

 

 

 

 

PG

(30% plea and assist)

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

MURDOCH

(30)

[2016] NSWSC 1475

Mathews AJ

VG

Murder

 

Agg armed robbery

28y

NPP 21y

 

8y

 

Total:

30y

NPP 22y 6m

 Armed robbery, kidnapping, dishonesty.Shooting

SNPP 20 years

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

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

Last updated: 25.6.2018

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