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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 - Juvenile Offenders

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

s.54D(3) – Standard Non-Parole Period does not apply to juveniles after 1.1.2009 

NAME 
(age if known)

DATEPLEASENTENCEAPPEALRECORDHOW KILLEDINVOLVEMENT & SUMMARY

MORGAN

(17y 3m)

 

Co-offenders:

MIHAILOVIC

HOWARD

NSWSC

B- Parker J

15.4.1991

VG

MT 10y

AT 8y

AD

(1992) 29 NSWLR 242

nil

 

assault

intent GBH / joint enterprise to assault

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

H some assistance to police.

CALLEJA

(17)

NSWSC

Slattery AJ

19.7.1991

VG

Murder

 

PG

Rob

 

2 x Obtain by deception

MT 15y

AT 5y

 long record armed robbery, kidnapping

strangulation

reckless indifference

Robbery - tied elderly lady up in house - took chequebook and withdrew money.

Escapee at time of offence.

LOWE

(17y 4m)

NSWCCA

19.2.1992

VG

MT 12y

AT 3y 7m

AA

MT 10y 3m

AT 5y 4m

nil

assault

intent GBH

Rammed victim's head into pole - no premeditation - vicious attack by large youth on smaller youth

Blamed others until after conviction

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

ZIDANSEK

(17y 11m)

NSWCCA

31.8.1992

PG

MT 13y

AT 7y

ADminor BES

assault

intent GBH

Sustained attack on homeless man with pipe – victim set alight.

VERNEY

(16)

NSWCCA

23.3.1993

VG

2 x Murder

MT 13y

AT 7y

ADminorshooting

Shot mother and baby sister - claim of mercy killing

Diminished responsibility rejected.

CRAIG

(16½)

NSWSC

Abadee J

14.4.1993

 

VG

Murder

 

PG

Kidnap

 

Use weapon resist arrest

MT 7y 6m

AT 6y

 On bail and bond - priors include. kidnap and possess offensive weapon

stabbing

intent GBH

Threatened girlfriend the stabbed male with knife when he sought to intervene - abducted pregnant girlfriend - used knife to resist arrest – spontaneous offence - affected by liquor

Earlier attempt to PG rejected

FJD

(17y 1m)

NSWSC

Wood J

8.4.1994

VG

MT 10y

AT 8y

 minor dishonesty, minor drug

stabbing

intent GBH

Female - stabbed taxi driver in neck

Disturbed and under stress, angry, and had desire to strike out at others – diminished responsibility rejected.

GIESELMANN

(15)

 

 

 

 

 

 

 

 

SHERWOOD

(17)

NSWSC

Studdert J

3.11.1995

 

NSWCCA

12.11.1996

 

NSWCCA

13.7.1998

 

NSWSC

Studdert J

3.11.1995

 

NSWCCA

24.7.1998

VG

 

 

 

 

 

 

 

 

 

VG

MT 12y 6m

AT 5y 6m

 

 

 

 

 

 

 

 

MT 12y 6m

AT 5y 6m

Conviction AD

Sentence AD

 

 

 

 

 

 

 

 

Conviction AD

Nil

 

 

 

 

 

 

 

 

 

assault and dishonesty

stabbing

intent kill

Stabbing of female youth worker at youth refuge – robbery - savage attack - fourteen stab wounds.  Although both involved equally in stabbing, G played a more primary role in planning.

G:  tragic background left her with no "moral control" and "an uncaring attitude".

DAR

(16y 11m)

NSWSC

B-Parker J

29.9.1994

 

NSWCCA

8.11.1995

VG

MT 9y

AT 6y

AD stabbingDeliberate stabbing of another youth at dance party with a knife

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

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.

HAS

(17y 7m)

NSWCCA

13.8.1998

PG

MT 12y

AT 5y

AA

MT 10y 6m

AT 6y 6m

nil

stabbing

intent kill

Stabbed and assaulted 69y acquaintance - no pre-meditation.

Aboriginal with deprived childhood - suffering significant brain damage and alcohol abuse - good rehabilitation.

RT

(17)

 

Co-offenders:

GRAFF

LEAITUAALESI

NSWSC

Barr J

25.9.1998

PG

Murder

Rob in Co

MT 11y

AT 6y

ADno significant historyassault

Punched and kicked taxi driver in the head and body - stripped and whipped him with his belt - drove off in taxi - no reason for attack - equal culpability.

Robbery of taxi driver nine days earlier - took taxi and money.

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)

HOOKER

(17)

[1999] NSWSC 896

Barr J

PG

Murder

 

Rob with violence

 

Rob with violence

MT 7y

AT 6y

 

FT 3y

 

 

MT 3y

AT 2y

 

Total:

MT 10y

AT 6y

 drug related offencesstabbing

Went to flat to purchase heroin with six friends – victim stabbed in chest three times with knife found at flat.

Prospects of rehabilitation.

ROBINSON

(17)

[2000] NSWSC 972

Adams J

 

[2002] NSWCCA 359

PG

45y

NPP 35y

AA

45y

NPP 27y

 

assault with bowling pin

intent kill

Accompanied stranger home with intention to at least assault and rob - bashed victim with bowling pin then stabbed and mutilated body.

Boasted of killing to friends - extremely dangerous and disturbed person.

KANE

(16 at offence - 26 at sentence)

[2000] NSWSC 1061

Barr J

 

[2001] NSWCCA 150

VG

10y 6m

NPP 8y 8m

Crown ADminor

suffocation

intent kill

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

Retrial - return to prison particularly stressful

DALLEY

(16)

 

 

Co-offender:

McNELLEE

TUCKER

BREWER [2001]

[2000] NSWSC 1154

Bell J

 

(2002) 132 A Crim R 169

[2002] NSWCCA 284

VG

10y

NPP 6y

Conviction ADnil

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.

O'GRADY

(16y 9m)

[2000] NSWSC 1255

Hulme J

VG

15y

NPP 10y

 no significant recordshooting

Led 15y male acquaintance into bush area and shot with rifle and silencer 9 times - voluntarily surrendered to police - no rational explanation for offence.

Displayed genuine remorse and shame - long history of drug abuse - desensitised to violence but no actual history of violence - impulsive - degree of depersonalisation at time of offence - general deterrence limited value

PHUNG

(17)

[2001] NSWSC 357

Wood CJ at CL

PG

(25%)

Murder

 

s.97(2)

 

Sched:

2 x AR in Co

Possess unauth firearm

13y

NPP 8y

 

 

FT 3y

 

Total:

14y

NPP 9y

 some prior and subsequent offences

shooting

felony murder

With co-offender robbed two males at entertainment arcade of various personal property - used .32 calibre weapon wrapped in towel – shooting occurred during second robbery committed five hours later – shot male attempting to aid victim of robbery in chest

Deprived childhood resulting in living on streets and drug addiction at early age - no contact with any family - good rehabilitation since custody.

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.

TRAN

(16 at offence / 22 at sentence)

 

 

 

Co-offenders:

PHAM

NGUYEN

[2002] NSWSC 394

Sully J

PG

Murder

 

Unlawfully imprison

14y

NPP 9y

 

FT 12m

(concurrent)

 no criminal history

shooting

intent to kill

(1996) Involved in gang - agreed to shoot victim for older friend - took victim to oval at night and shot him four times - degree of coercion and manipulation

Subsequently assaulted and moved interstate with girlfriend and baby daughter - established new life  - 4 year delay - excellent work record - good prospects of rehabilitation - genuine remorse - assistance - protective custody

TNT

(16 at offence / 22 at sentence)

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

MHN (1998)

[2002] NSWSC 537

Hidden J

PG

(combined 50%)

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

PHAM

(17)

[2002] NSWSC 567

Hulme J

 

[2005] NSWCCA 9

VG

25y

NPP 20y

AA

20y

NPP 16y

record not serious but displayed contempt for lawshootingShot drug dealer in car three times - motive unclear - not satisfied offender entered car with weapons - satisfied offender and friend agreed to kill if circumstances warranted course - cold-blooded execution of business associate

MTN

(17)

[2002] NSWSC 1160

O'Keefe J

VG

Murder

 

PG

Mal wound

 

Affray

16y 6m

NPP 11y

 

 

FT 3y

 

FT 12m

 

Total:

17y 6m

NPP 12y

 not relevant

stabbing

intent GBH

(1997) Gang attack on 2 victims outside amusement centre - mistakenly believed victim belonged to gang responsible for assault on friend – one victim stabbed in shoulder - second victim stabbed in heart - leader of attack

Remorse - married with one child - borderline intelligence - good prospects of rehabilitation - disturbed background

SLD

(13y 10m)

[2002] NSWSC 758

Wood CJ at CL

 

(2003) 142 A Crim R 503

[2003] NSWCCA 310

PG

20y

NPP 10y

AD 

stabbing

intent to kill

Broke into neighbouring home at night and abducted 3y sleeping girl - removed clothes and stabbed her in chest once - discarded body in long grass - misled police during inquiries - callous and cold-blooded killing - motive unclear

Seriously affected by background of upheaval, abuse and lack of emotional support - intellectual and speech disability and dysmorphic appearance - sexually abused by half-brother - disturbed individual - history of aggressive and unacceptable behaviour - significant level of future dangerousness, although difficult to assess at this stage

SJB

(15)

 

 

 

 

Co-offender:

MCLEAN

[2002] NSWSC 1042

Wood CJ at CL

PG

(25%)

15y

NPP 10y

 nil

stabbing

intent to kill

McL angered by sexual affair between SJB (female) and victim -agreed to stab victim - multiple stab wounds in car - equal involvement in killing

Both suffered limited intellectual resources, impulsiveness and ADHD - offence out of character - offenders involved in destructive relationship

NGUYEN

(17 at offence)

 

 

 

 

Co-offender:

PHAM

TRAN

[2002] NSWSC 1261

Sully J

VG

17y 38w

NPP 11y 38w

(cumulative to existing sentences – see facts)

 appalling record for violence - includes murder and manslaughter

shooting

intent to kill

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

Traumatised childhood - serious depression - Serving sentences for

Murder: 29.10.1998 Kirby J

Manslaughter: 20.11.1998 Kirby J

Murder: [2000] NSWSC 1177

Total sentence 31y NPP 25y

M.A.

(17)

[2003] NSWSC 978

Shaw J

 

(2004) 145 A Crim R 434

[2004] NSWCCA 92

PG

(reduced to 15% on appeal)

13y 6m

NPP 8y 6m

Crown AA

16y

NPP 11y

Nil

Shooting

Reckless indifference

During altercation with 18y male on street shot victim in chest at close range – unplanned and unpremeditated

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

TJA

(17)

 

 

 

Co-offender

WILLARD [2005]

WILKINSON [2005]

[2004] NSWSC 1308

Howie J

PG

22y 6m

NPP 16y 6m

 Nil for violence – breached bail and bondShooting

SNPP 20 years

Involved in killing of male on behalf of wife - shooter – victim shot in back of head while asleep on lounge – premeditated offence for financial reward – seeking to impress older girlfriend

Remorse – severely deprived childhood resulting in early drug abuse

MS

(17)

[2004] NSWSC 730

Dunford J

VG

17y

NPP 11y

 Lengthy record including common assault and mal wounding

Strangulation

Intent to kill

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

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

AB

(17)

[2005] NSWSC 521

Adams J

 

(2005) 156 A Crim R 577

[2005] NSWCCA 360

PG

(15%)

Murder

 

Mal inflict GBH

14y

NPP 9y 6m

 

 

5y 6m

NPP 2y 10m

(concurrent)

Crown AA

14y

NPP 9y 6m

 

5y 6m

NPP 2y 10m

 

Total:

15y

NPP 10y

Not statedShot

SNPP 20 years

Argument initiated by co-offender with group of men on street - AB came to assistance, shooting two of them - one killed – one permanently injured – intoxicated – impulsive act

Aboriginal though family does not identify as such – heavy drug and alcohol use from early age, encouraged and facilitated by father – remorse – good prospects for rehabilitation – 20 month old daughter

MAH

(17y 10m - 22 at sentence)

 

Co-offender:

JSK [2004]

[2005] NSWSC 871

Hislop J

 

[2006] NSWCCA 226

VG

22y

NPP 16y 6m

Crown AD

AD

1 x neg drivingAssault

Fatal assault on 17y friend  - principal - friend taken to remote area and body buried – pre-meditation

Good employment history – supportive family – denies all involvement

A

(16)

 

 

Co-offender:

HOURI [2007]

[2006] NSWSC 1035

Buddin J

PG

(combined discount – not specified

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

MB

(16)

[2006] NSWSC 1164

Howie J

 

[2013] NSWCCA 254

VG

22y

NPP 15y 6m

AA

17y 6m

NPP 12y 6m

Nil

Assault / stabbing

Intent GBH

SNPP 20 years

Unprovoked confrontation on street between group of intoxicated youths and two intoxicated males – fist fight between offender and victim – stabbed victim in neck with broken bottle – unplanned offence – midrange seriousness

Born in PNG – positive evidence of rehabilitation – youth

SSA

(17)

[2007] NSWSC 1202

Hidden J

VG

18y

NPP 13y

 Brief

Stabbing

Intent GBH

SNPP 20 years

Stabbed young stranger during fight in amusement arcade – in company – carrying knives for protection – single stab to chest – spontaneous offence

Disturbed childhood – Philippino – became involved in gang culture and early drug abuse – evidence of rehabilitation and remorse

Co-offender dealt with for manslaughter – SIOSE

DL

(16)

[2008] NSWSC 1199

Hulme J

 

 

 

[2017] NSWCCA 58

VG

22y

NPP 17y

ADNilStabbing

SNPP 25years

Stabbed 15y school girl walking home from school 48 times – frenzied killing – no explanation for attack – irrational – premeditation not established – intent to kill not established – uncharacteristic – possible psychotic episode – little below mid-range

Suffering anxiety and depression – declined to discuss offence claiming innocence

BH

(17)

[2009] NSWSC 358

Hidden J

PG

(25%)

17y

NPP 13y

 Disturbing record – includes AR and Rob in Co – breached probation

Assault

Felony murder

SNPP 20 years

Assaulted 23y homeless male with garden stake outside Town Hall – intended to rob victim of poker winnings – below mid-range

Troubled childhood – sexual abuse – early substance abuse – remorse – gaining insight – reasonable prospects of rehabilitation

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

MJR

(17)

[2010] NSWSC 653

Johnson J

PG

(15%)

16y 2m

NPP 11y 1m

  Shot

Shot father whilst asleep at close range to back of head – no real evidence of abuse by father - bottom of middle range of objective seriousness

Mental health - juvenile bipolar disorder and depression, affected judgment and contributed to commission of offence - recommendation offender be detained in Forensic Hospital for as long as reasonably possible

DB

(16)

[2010] NSWSC 812

Barr AJ

PG

Murder

 

Wound w/I murder

 

Sched

Assault

20y

NPP 12y

 

FT 12y

 

Total:

24y

NPP 16y

 nil

Stabbing

Intent to kill

Broke into home of ex-girlfriend armed with carving knife at night – fatally stabbed father of ex-girlfriend in confrontation – stabbed mother in bedroom then pursued her outside and stabbed in back and continued to stab – taunted ex-girlfriend about killings, pushed her up against wall, slapped her face and forcefully kissed her on lips – disabled telephones

Vindictively jealous and made numerous threats against various people before incident – otherwise prior good character – no mental illness – remarkable progress in gaol

MILAT

(17)

 

 

 

 

 

 

Co-offender:

KLEIN

[2012] NSWSC 634

Mathews AJ

 

[2014] NSWCCA 29

PG

(No discount)

43y

NPP 30y

ADMid-range PCA

Axe

Intent to kill

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

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

MA

(17)

 

 

 

Co-Accused:

BYQUAR

RAMOS

NATUBA

TAMAPUA

KHOURY

KARIMI

MIR

[2012] NSWSC 1527

Johnson J

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

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

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 - did not strike victim but present

Remorse, rehabilitation, maturity

AB

(17)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

LOVERIDGE

[2013] NSWSC 1591

Adams J

 

 

[2014] NSWCCA 339

PG

Murder

 

s.112(2)

 

 

Intimidate

 

Sched:

Use postal service to threaten harm

45y

NPP 30y

 

7y 6m

NPP 5y 6m

 

FT 2y

(all concurrent

ADLengthy 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

AB – severely deprived childhood including violence – limited education – drug and alcohol abuse – no discount for guilty plea for murder offence

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

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.

KATSIS

(17 at offence – 44 at sentence)

[2015] NSWSC 1890

Fagan J

 

[2018] NSWCCA 9

VG

Murder

 

s.61D(1)

20y

NPP 15y

 

FT 6y

(concurrent)

ADSubsequent record for petty offences involving dishonesty and assault

Strangulation

Intent to kill

(1988) – forced entry into neighbouring unit – sexually assaulted and strangled 66y female occupant - set fire to contents of unit

Abusing drugs and alcohol at time of offence – subsequent 27y demonstrates no risk of re-offending

PO

(16 at offence, 19 at sentence)

[2017] NSWSC 757

Fullerton J

VG

15y

NPP 9y

 Having knife in public place, assault w/ intent rob in company

Stabbing

Intent GBH

Fight with male on street at night – stabbed victim in abdomen – engaged victim in physical fight by punching him first or physically challenging him to fight

Youth – mental health – rehabilitation - remorse – special circumstances

Last Updated: 25.6.2018

 

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