Legal Research > Sentencing Tables

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 Correctional Centres Act 1952 (Max 10y) (prior to 4.11.1991 max 7y) replaced 3.4.2000 by s.310D Crimes Act 1900 (Max 10y)

Case Offence Plea Time at Large Sentence Appeal Record Facts

Prasad
NSW CCA
1.9.1993

Escape

PG

3 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 days

FT 12m

AD

Serving time for assault and armed robbery

During escape committed further serious offences in South Australia.

Young
(27)
NSW CCA
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)
NSW CCA
23.11.1993

Escape

 

1 week

MT 9m
AT 12m

AA
MT 25w
AT 15m 1w

Serving time for dishonesty offences

Female - dallied on way to work release - panicked on arrival and escaped - no pre-meditation - no further offences.

Henderson
(23)
NSW CCA
15.12.1993

Escape

PG

1 month

MT 12m
AT 4m

AD

Lengthy record

No 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
NSW CCA
2.8.1995

Escape

PG

four hours

MT 6m
AT 6m

AA
MT 2m
AT 10m

Serving time for two AR and LMV

Climbed fence at Kirkconnell and found four hours later by warders - returned without protest - no reason for escape, but depressed.

Sinnett
NSW CCA
27.11.1995

Escape

PG

 

MT 1y 3m
AT 9m

AA
MT 10m
AT 1y 2m

 

Reasons for escape were the ‘very real pressures’ on prisoner.

Sammak
NSW CCA
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)
NSW CCA
7.5.1997

Escape

PG

4 months

MT 12m
AT 12m

AD

robbery

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)
NSW CCA
7.11.1997

Escape

PG

1 month

MT 2y
AT 2y

AA
MT 1y
AT 2y.

Dishonesty, driving

Over fence at Silverwater - caught by police - escaped for “personal reasons” and “to clear my head.”

Aslett
(27)
NSW CCA
16.10.1998

Escape

PG

very short time

FT 3m

AD

prior 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)
NSW CCA [63]
10.3.1999

Escape

PG

Minutes

FT 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)
NSW CCA [70]
17.3.2000

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)
NSW CCA [100]
20.3.2000

Escape

PG

more than 3y 6m

MT 2y
AT 1y

AD

appalling 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
NSW CCA [144]
10.4.2000

Escape

PG

very 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)
NSW CCA [525]
4.12.2000

Attempt escape

PG

 

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)
NSW CCA [516]
6.12.2000

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)
NSW CCA [82]
1.3.2001

Escape

PG

nearly 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)
NSW CCA [200]
23.4.2001

Escape

PG

7 mins

FT 4m

AD

serving 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
NSW CCA [233]
14.6.2002

Escape

 

 

12m

AA
3m

serving sentence for BES

Escape related to domestic situation - intellectual disability not made clear at sentence

Smith
(52)
NSW CCA [69]
16.3.2004

Escape

PG

5 days

2y
NPP 18m

AD

Serving sentence for BE with intent to kidnap

Escaped 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
NSW CCA [94]
22.3.2005

Escape

PG

9 months

18m
NPP 12m

Crown AA
Date of commencement of sentence brought forward by 4m

Serving balance of parole for Agg AR

Escaped 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)

NSW CCA [252]
30.9.2009

Escape
Offence






Escape
3 offences






Escape
6 offences

PG







PG

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)
NSW CCA [104]
25.5.2010

Escape

PG

11 days

2y
NPP 18m

AD

Lengthy 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)

NSW CCA [244]

17.11.2011

Escape

 

AR

Rob in Co

PG

1m 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

NSW CCA [98]

28.3.2012

Escape

VG

Not 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