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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.

 

Escape Lawful Custody  

 

s34 Prisons Act 1952 (Max 10y)

Replaced 3.4.2000 by s.310D Crimes Act 1900  (Max 10y)

CaseOffencePleaTime at LargeSentenceAppealRecordFacts

Prasad

NSWCCA

1.9.1993

EscapePG3 days

MT 2y

AT 14m

AD. Escaped from team working outside gaol - did not like gaol.

Carrion

(1993) 69 A Crim R 230

Escape 35 daysFT 12mADServing time for assault and armed robberyDuring escape committed further serious offences in South Australia.

Young

(27)

NSWCCA

27.10.1993

Escape 7 days

MT 6m

AT 2m

AA

MT 4m

AT 4m

Escalating record involving property and drug related offences.

Female - Returned to de facto and three children - arrested after mother informed police - escaped because of psychological effects of separation from baby.

Fresh psychological evidence.

Sanderson

(26)

NSWCCA

23.11.1993

Escape 1 week

MT 9m

AT 12m

AA

MT 25w

AT 15m 1w

Serving time for dishonesty offencesFemale - dallied on way to work release - panicked on arrival and escaped - no pre-meditation - no further offences.

Henderson

(23)

NSWCCA

15.12.1993

EscapePG1 month

MT 12m

AT 4m

ADLengthy recordNo violence associated with escape and no further offences – arrested by police during RBT - escaped because of threats to life upon arriving at prison (mistaken identity)

Munday

NSWCCA

2.8.1995

EscapePGfour hours

MT 6m

AT 6m

AA

MT 2m

AT 10m

Serving time for two AR and LMVClimbed fence at Kirkconnell and found four hours later by warders - returned without protest - no reason for escape, but depressed.

Sinnett

NSWCCA

27.11.1995

EscapePG 

MT 1y 3m

AT 9m

AA

MT 10m

AT 1y 2m

 Reasons for escape were the 'very real pressures' on prisoner.

Sammak

NSWCCA

2.9.1996

Escape 1 year

MT 18m

AT 12m

AA

MT 12m

AT 6m

Long record. Escaped while working as a sweeper outside MTC - prisoner had been threatened.

Ertl

(29)

NSWCCA

7.5.1997

EscapePG4 months

MT 12m

AT 12m

ADrobbery

Female - climbed over wall at Norma Parker Centre - unpremeditated - no offences committed whilst at large.

Sexually abused by stepfather, history of drug and alcohol abuse.

Downes

(33)

NSWCCA

7.11.1997

EscapePG1 month

MT 2y

AT 2y

AA

MT 1y

AT 2y.

Dishonesty, drivingOver fence at Silverwater - caught by police - escaped for "personal reasons" and "to clear my head."

Aslett

(27)

NSWCCA

16.10.1998

EscapePGvery short timeFT 3mADprior conviction for escape

Escaped from toilet at hospital wearing only underpants and bandage - apprehended short time later in car park area - escape was part of suicide bid - seeking to be shot by officers.

Contrition, psychiatric disorder.

Ravet

(26)

[1999] NSWCCA 63

EscapePGMinutesFT 6m

AA

FT 4m 2w.

multiple stealing, BES, assault, GIC, breach parole.

During conveyance from court to gaol, opened police van door while stopped and ran - captured shortly thereafter, having injured foot and back as was still in handcuffs – no planning - able to open door by pushing it - under influence of medication taken for drug addiction

Erroneously sentenced on basis he manipulated door lock

Attie

(26)

[2000] NSWCCA 70

Escape 23 days

MT 5m

AT 8m

AA

3y GBB

 

Escaped from minimum security gaol while collecting branches for aviary.

Exceptional case - suffering psychological distress after witnessing massacre in Lebanon - very bad experience in gaol - wrongly labelled informer by prison authorities and subjected to threats and violence - received no assistance from authorities and forced into segregation.

Regina

(51)

[2000] NSWCCA 100

EscapePGmore than 3y 6m

MT 2y

AT 1y

ADappalling record

Walked out of minimum security centre - while at large served term of imprisonment in Northern Territory - not extradited to NSW until three years later.

Amount of time at large makes escape a remarkable one - aggravating feature.

Riddell

[2000] NSWCCA 144

EscapePGvery short time

MT 5m

AT 4m

AA

9m

NPP 5m

 Spur of the moment - no premeditation - no aggravating features - cry for help in relation to suicidal wife - escaped at place liable to be seen - injured self on wire and found walking along road making no attempt to avoid capture.

Butler

(20)

[2000] NSWCCA 525

Attempt escapePG 

MT 12m

AT 6m

AA

18m

NPP 9m

lengthy record

Female - climbed two fences abandoning attempt after recognising attempt would fail.

Mother of 4y child – immature - drug addiction - some evidence of rehabilitation.

Friedemann

(63)

[2000] NSWCCA 516

Escape  FT 12m

AA

FT 6m

serving sentence for drug offences

Escaped from minimum security centre and went to Victoria to obtain extensive medical treatment - felt receiving insufficient treatment in custody.

Committed further offences - suffering serious medical condition.

Stokes

(42)

[2001] NSWCCA 82

EscapePGnearly 12 months

3y 1d

NPP 1y

AA

2y

NPP 8m

serving lengthy sentence for violence

Escaped from minimum security using gardening tools - wife waiting in car - degree of planning - long time at large - escaped after pressure from wife needing support - committed no offence while at large - wife died from drug overdose.

Evidence of good rehabilitation.

Walford

(21)

[2001] NSWCCA 200

EscapePG7 minsFT 4mADserving sentence for robbery in company

Saw open gate at minimum security centre and walked out - picked up almost immediately.

Female - Aboriginal with traumatic background, drug addiction, raped.

Barton

[2002] NSWCCA 233

Escape  12m

AA

3m

serving sentence for BESEscape related to domestic situation - intellectual disability not made clear at sentence

Smith

(52)

[2004] NSWCCA 69

EscapePG5 days

2y

NPP 18m

ADServing sentence for BE with intent to kidnapEscaped from Goulburn gaol with intention of proving innocence in relation to sentence being served – forced cell bars open with metal device made in metal shop.

Pham

[2005] NSWCCA 94

EscapePG9 months

18m

NPP 12m

Crown AA

Date of commencement of sentence brought forward by 4m

Serving balance of parole for Agg AREscaped from Auburn Hospital – committed offences in Vic and served sentence – sentence for escape effectively subsumed by parole to be served – judge inappropriately took into account deportation following sentence – error in not taking into account that parole revocation order had not been rescinded at time of sentence

Hookey

(21)

 

 

 

 

 

 

Cooper

(22)

 

 

 

 

 

 

Dates

(18)

 

[2009] NSWCCA 252

Escape

Offence

 

 

 

 

 

 

Escape

3 offences

 

 

 

 

 

 

Escape

6 offences

PG

(25%)

 

 

 

 

 

 

PG

(25%)

 

 

 

 

 

 

PG

(25%)

2h

 

 

 

 

 

 

 

36h

 

 

 

 

 

 

 

36h

11m 1w

NPP 3m

(cumulative)

 

Total:

17m 1w

NPP 9m

 

12m

NPP 3m

(cumulative)

 

Total:

18m

NPP 9m

 

12m

NPP 3m

(cumulative)

 

Total:

18m

NPP 9m

Crown AD

Agg BES – lengthy criminal record – escape offence on record

 

 

 

Assault and AOABH – significant record

 

 

 

 

Driving offences – extensive record – escape offence on record

 

Escaped together from low security correctional centre in far west – left in stolen prison utility – pursued by police – H apprehended after 2 hours – C and D stole second car – apprehended after 36 hours when vehicle ran out of fuel

 

C – heroin and alcohol addiction – bleak prospects of rehabilitation

D – abused as a child – heroin and alcohol addiction – affected by decision of authorities not to allow him to attend father's funeral

H – drug addiction

Mihail

(50)

[2010] NSWCCA 104

Escape

PG

(15%)

11 days

2y

NPP 18m

ADLengthy record including two escapes

Escaped from Long Bay – working as welder in minimum security area – means of escape unknown – unremarkable escape

Poor health

Williams

(18 – 19)

[2011] NSWCCA 244

Escape

 

AR

Rob in Co

PG1m 13d

6m

(cumulative)

AA for sentences of robbery offences only

 

Total sentence:

6y 6m

NPP 4y 4m

Lengthy record – AR breached conditional liberty – Rob in Co committed as escapee

Escaped from correctional centre by cutting through fence and climbing wall – while escapee attacked taxi driver with two co-offenders – punched victim in face twice – above range criminality

Aboriginal youth with chaotic upbringing and alcohol and drug abuse – 25% guilty plea

Mattar

[2012] NSWCCA 98

EscapeVGNot indicated.

2y

NPP 18m

 

Conviction AD.

Sentence AA.

12m FT

 

Serving sentence at Long Bay – Went to Prince of Wales Hospital Randwick for treatment for heart condition – escaped from the hospital.

SJ erred in not finding special circumstances – protective custody – poor health.