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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 - Solicit or Conspire to 

s.26 Crimes Act

solicit, encourage, persuade, or endeavour to persuade, or propose to, any person to commit murder

conspires and agrees to murder any person, whether a subject of Her Majesty or not, and whether within the Queen's dominions or not

Max penalty - 25 years

Standard Non-Parole Period (offences committed on or after 1.2.2003) – 10 years 

CASE 
(age if known)

OFFENCEPLEASENTENCEAPPEALRECORDFACTS

Wright

(34)

NSWCCA

8.7.1997

SolicitVG

MT 3y

AT 1y

Crown AD 

Fell out with neighbour over cannabis plantation – victim threatened offender's wife and children – arranged killing – sought to terminate agreement – neighbour stabbed to death – paid balance of money because feared harm to family

Young children – impressive work history

Lewis

(36)

(1998) 100 A Crim R 361

2 x SolicitPG

MT 10y

AT 5y

ADNil – breached AVO and bailCharged with sexual assault on foster sisters – made arrangements to have sister and her de facto killed to prevent her giving evidence at trial

Azzopardi

(56)

NSWCCA

1.10.1998

SolicitVG

MT 15y

AT 5y

AA

MT 12y 9m

AT 4y 3m

Nil

Arranged to have male shot – provided gun – shooting caused paraplegia

Suffering life threatening illness – unlikely to re-offend

Ay

NSWCCA

30.10.1998

SolicitVG

MT 7y 4m

AT 2y 5m

AA

MT 5y 3m

AT 1y 9m

Criminal record

Offered friend $20,000 to kill ex-wife – financial difficulties – never provided details to facilitate murder – never gave final authorization

Mentally unwell – 2m 13d PSC

Bednarz

(58)

[2000] NSWCCA 533

SolicitPG

6y

NPP 3y

AA

5y

NPP 2y

Nil

Arranged to have second husband killed – marital disharmony - agreed to pay $10,000 – provided details and involved in preparation – threatened harm if killing not completed – dedicated and serious approach

Severe depressive state – paranoid delusions believing husband seeking to harm her – fulltime carer for severely disabled son

Qutami

(48)

[2001] NSWCCA 353

(2001) 127 A Crim R 369

SolicitPG

5y

NPP 18m

Crown AA

5y

NPP 3y

Nil

Jordanian orthodox Christian made inquiries about having niece killed – family angered by relationship with Muslim boyfriend – intense family pressure on niece

Medical condition – unlikely to re-offend

Glover

[2003] NSWCCA 414

Solicit

PG

(20%)

4y

NPP 20m

AD 

Made inquiries into killing husband – history of domestic violence over several years – intention wavered

Two young children – poor physical health

Potier

(50)

[2004] NSWCCA 136

Solicit

 

 

Solicit

VG

6y 8m

NPP 5y

 

 

6y 8m

NPP 5y

(concurrent)

Crown AA

6y 8m

NPP 5y

 

6y 8m

NPP 4y 3m

 

Total:

8y 8m

NPP 6y 3m

Nil

Arranged for killing of ex-partner and her new boyfriend – recruited undercover police officer – genuine but mistaken concern for safety of daughter

Degree of depression – background of family dispute

Stockdale

(51)

[2004] NSWCCA 1

(2004) 142 A Crim R 448  

Solicit

PG

(25%)

6y

NPP 3y 9m

ADNil relevant

Arranged with undercover police officer to have boyfriend of ex-girlfriend killed for $5,000 – supplied details

Genuine remorse – protective custody after stabbed in stomach in gaol – married with children

Benitez

(37-38)

[2006] NSWCCA 21

(2006) 160 A Crim R 166

Solicit

 

 

 

Solicit

PG

(25%)

11y

NPP 6y

 

 

11y

NPP 6y

 

Total:

13y

NPP 7y

AA

10y

NPP 5y 6m

 

10y

NPP 5y 6m

(concurrent)

 

Offences committed after 1.2.2003

Arranged killing of ex-wife and partner – paid $2,500 and agreed to pay $20,000 – given encouragement by 'hit man' – greater than mid-range of seriousness

Good character – depressed over marital break-up – obsessed with children

Bou-Antoun

(48)

[2008] NSWCCA 1

 

 

 

Co-offender:

BOU-ANTON [2013]

Solicit

PG

(10%)

14y

NPP 10y

ADMinor – irrelevant

Offence committed after 1.2.2003

Son was charged with aggravated sexual assault of a 16y - see below – while on remand son made enquiries of cell-mate about having victim killed so she could not give evidence - undercover police officer agreed to killing for $23 000 – Offender agreed to fund murder and paid "deposit" of $3000 to undercover police officer – aware son wanted victim to suffer before her death.

Lomax

[2009] NSWCCA 53

Solicit

 

Sched:

Acc before fact malicious damage by fire

PG

(on appeal 32.5%; plea and past assist)

5y 9m

NPP 3y 6m

Crown AA

6y 9m

NPP 4y 1m

 

Offence committed after 1.2.2003

Worked as middleman for BM who owned a business – BM wished to damage competing business owned by victim – offender hired C to murder victim and set fire to victim's business premises.

Failed to fulfil undertaking to provide future assistance to authorities in prosecution against BM.

Louizos

(45)

[2009] NSWCCA 71

(2009) 194 A Crim R 223

 

[2014] NSWCCA 242

SolicitVG

10y

NPP 6y

Crown AA

13y 6m

NPP 10y

 

 

 

AA -(Muldrock appeal)

12y

NPP 8y

Nil

Offence committed after 1.2.2003

Female offender - arranged to have ex-husband shot while he was leaving for work – car driven off and burned – suffered serious injuries – shooting arranged by caretaker at caravan park owned by offender and husband – provided information and promised money – motive unclear – above mid-range seriousness

Prior good character

Butcher

[2010] NSWCCA 281

SolicitVG

9y

NPP 5y 6m

Conviction AD 

Offence committed after 1.2.2003

Solicited to have wife killed so could marry lover without losing children and money – provided keys to house and other equipment including a knife and suggested drowning or killing her and he would bury body – offered $5000 – subsequently changed mind

Perish

(41)

[2012] NSWSC 355

Price J

 

[2016] NSWCCA 89

ConspireVG

12y

NPP 9y

Conviction ADAttempt dissuade witness from giving evidence; drug offence; stalking

(2001) victim killed and body dismembered - offenders believed victim killed grandparents of Perish brothers and was police informer against Motorcycle Club of which offender had been a member - recruited others to abduct victim in vehicle and bring to location where victim would be killed by offenders - victim died en route in boot of car – took directions from brother – not involved in subsequent abduction and killing

Motive to avenge grandparents' murders lessens need for personal deterrence & protection of community

Co-offenders Perish and Lawton sentenced for murder

Bou-Antoun

[2013] NSWCCA 305

 

 

 

 

 

Co-offender:

BOU-ANTON [2008]

Solicit

 

 

 

Agg Sexual Assault s.61J

PG

(25%)

15y

NPP 10y

 

 

FT 5y

 

Total:

19y

NPP 14y

AD

 

 

Offence committed after 1.2.2003

Committed aggravated sexual assault upon complainant - while remanded in custody provided cellmate with information capable of identifying complainant for purpose of having her killed in exchange for $23,000 - requested complainant be raped and be made to "feel lots of pain" before being shot dead - father provided down payment for killing to undercover police officer

Efthimiadis

[2013] NSWCCA 276

 

[2016] NSWCCA 9

SolicitVG

13y 4m

NPP 10y

AD

 

 

AD

violence, AR, drugs, assault.

Offence committed after 1.2.2003

Solicited to have ex-partner killed - domestic problems resulted in victim leaving relationship taking young son – entered negotiations with undercover police officer

Baker

(64)

[2017] NSWCCA 233

Solicit

 

 

 

Solicit

PG

(25%)

6y 9m

NPP 4y

 

 

6y 9m

NPP 4y

 

Total:

7y 6m

NPP 4y 6m

Crown AA

 

 

 

 

 

 

Total:

9y 8m

NPP 5y 10m

 

Offence committed after 1.2.2003

Female offender –offender's male partner AB accused of sexual assault of 14y female – partner arranged for undercover police officer to murder victim and his 14y who made statement in support of victim – offender acted under direction of partner - met with 'hit man' four  times giving him $6000 and photos of victims

Violent relationship with AB.

Last updated: 10/5/2018

 

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