This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Manslaughter - Fight

(not domestic partners)

Case

Type

Plea

Record

Sentence

Appeal

Facts

Philp

NSWSC

Abadee J

18.2.1991

Diminished responsibility

Stabbing domestic

Fight

PG

 

MT 7y 6m

AT 2y 6m

 

Stabbed sister’s de facto during fight. When threatened with spade handle retrieved knives from kitchen and inflicted 16 stab wounds - some degree of provocation

History of mental illness - schizophrenia - did not take medication

Taouk

NSWSC

Abadee J

28.3.1991

 

NSWCCA

20.3.1992

Unlawful and dangerous

Stabbing – general

Fight

PG

nil

MT 5y

AT 2y

AA

MT 3y

AT 3y 8m

Brawl in night club one week before - night of killing V approached A in hotel and commenced to harass and assault him – stabbed by knife carried for general use, not armed with knife for purpose of violence.

Azar

(1991) 56 A Crim R 414

Fight

Stabbing - general

VG

Nil

MT 4y 6m

AT 18m

[6m PSC]

AD

Stabbing during brawl - V punched A who obtained knife from nearby house and stabbed him.

Peterson

NSW SC

22.5.1992

(Enderby J)

Provocation

Fight

Stabbing - domestic

PG

unimportant

5y Bond

(PSC 5m)

 

Stabbed step brother in fight - element of self defence - V aggressively picked fight with offender - both been drinking - no premeditation.

History of violence at hands of step father and brothers.

O’Brien

(17)

NSWCCA

29.4.1993

Unlawful and dangerous

Juvenile

Shooting – general

Fight

VG

 

Shoot with intent

nil

MT 7y

AT 6y

AD

Intoxicated youth had confrontation with V and others on street - obtained gun from home then used it to facilitate escape from second confrontation.

Fletcher

NSWSC

Newman J

20.8.1993

Unlawful and dangerous

Fight

Stabbing - general

VG

serious record - offence committed on parole

MT 4y

AT 5y

 

During fight with stranger stabbed him twice in chest.

Much evidence of rehabilitation.

Nguyen

NSW SC

Allen J

23.9.1993

 

(1995) 36 NSWLR 397

Fight

Stabbing - domestic

VG

Nil

MT 2y 3m

AT 9m

Conviction AD

Stabbed sister’s brother in law during fight - argument over treatment of sister - no intent to do GBH - intended to show V could not continue to treat sister badly and to prevent continuation of fight.

Phu

NSW CCA

1.10.1993

Fight

Stabbing - general

VG

 

MT 3y 5m

AT 2y

Conviction AD

Came to Vietnamese gathering to assist friend involved in earlier altercation - stabbed V five times during altercation - little clear evidence about actual stabbing.

Sofokleous

NSW CCA

13.12.1993

Fight

Stabbing - general

VG

 

MT 3y

AT 1y

AD

V trying to drag woman along street - two men intervened and woman escaped - V approached A accusing him of interfering - fight broke out and stabbing occurred - both men had been drinking.

Aslan

(18)

NSWSC

Ireland J

1.11.1994

 

El Kerdi

(17)

NSWSC

Ireland J

1.11.1994

 

El Badar

(17)

NSWCCA

3.4.1995

 

See also Barakat (Ireland J, 20.12.1994)

Unlawful and dangerous

Shooting – general

Juvenile

Accessory

Fight

PG

 

 

 

 

 

PG

 

 

 

 

 

PG

Record for violence. Bail at time of offence.

MT 2y

AT 3y

(assistance, cumulative)

 

 

MT 3y

AT 3y

(assistance)

 

 

 

MT 2y 5m

AT 2y 7m

(assistance)

 

 

 

 

 

 

 

 

 

 

 

 

AD

Drive by shooting at dance party - three shots fired, killing one person and injuring another - retaliation for being forced to leave party after fight.

El-Kerdi – shooter - possibly under the influence of Rohypnol at the time - early plea.

Thomas

NSW SC

Dunford J

3.11.1994

 

Provocation

Fight

Stabbing - domestic

PG

mal wounding and assaults

MT 3y 6m

AT 3y

 

Stabbed sister’s ex de facto - history of violence - sister raped by V - night of stabbing fight broke out between offender and V as V tried to approach sister.

El Badar

(17)

NSW CCA

3.4.1995

Juvenile

Shooting – general

Accessory

Fight

PG

Nil

MT 2y 5m

AT 2y 7m

AD

With group of youths - had an altercation with another group at dance party - armed themselves with various weapons - group travelled in A’s car back to the party - as the vehicle was driven past the premises five shots were fired, resulting in the death of V - A did not fire gun as he was armed with a machete.

Maguire

NSWCCA

30.8.1995

Unlawful and dangerous

Shooting – general

Fight

VG

priors but not for violence

MT 8y

AT 2y

AD

Altercation at club with V - returned with gun and resumed fight - accidental discharge - intoxicated.

MacDonald

NSWCCA

12.12.1995

Unlawful and dangerous

Stabbing – general

Fight

PG

on probation for unlawful wounding

5y GBB

[PSC 17m]

Crown AA

MT 3y

AT 2y

Stabbed school teacher with fishing knife after altercation with students - students had stolen property - offence spontaneous

Vella

(33)

NSW CCA

15.12.1995

Provocation

Assault – general

Fight

VG

minor

MT 10y

AT 4y

AD

Attacked by V with iron bar without warning or provocation - during ensuing fight overpowered V and assaulted him with bar - disposed of body without knowing if dead.

Below average intelligence.

Cassel

(26)

NSWSC

Bruce J

14.3.1997

Diminished Responsibility

Fight

Stabbing - general

PG

nil

MT 5y
AT 3y

 

Stabbed stranger in stomach after fight over boat - tried suicide twice.

Manic depressive

Appleby

NSWSC

Ireland J

18.7.1997

Unlawful and dangerous

Fight

Stabbing - domestic

PG

dishonesty and drugs

MT 3y

AT 3y

 

Stabbed brother in fight with kitchen knife - single stab wound - intent to frighten - just woken from deep sleep and responding to argument between brother and girlfriend.

Cheung

(19)

NSW CCA

12.3.1998

Provocation

Fight

Stabbing - general

VG

nil

MT 6y

AT 2y

AD

Fracas in street involving number of people following earlier argument in restaurant - two men stabbed, one fatally in chest seven times - V had attacked offender with club-lock during fight - took knife anticipating violence.

Lam

(40)

NSWSC [47]

Hidden J

20.3.1998

Unlawful and dangerous

Fight

Stabbing - domestic

VG

minor assaults

MT 3

AT 2y

 

Shared house with V - confrontation about V’s unwelcome advances to A’s girlfriend - V became aggressive and tried to take up knife - V grabbed knife first - multiple wounds as fight continued through house.

Bollen

(1998) 99 A Crim R 510

Unlawful and dangerous

Fight

Stabbing - domestic

VG

minor

MT 4y 3m

AT 1y 3m

AA

MT 3y 4m

AT 1y 2m

 

HC leave refused 11.2.2000

A lived in flat above garage next to V’s house - history of much antagonism - V and brother verbally abusing A - V later approached A who lunged and stabbed V - deliberate but reactionary action.

PN

(17)

NSWSC

Barr J

30.10.1998

Unlawful and dangerous

Stabbing – general

Fight

PG

assaults committed in gaol awaiting sentence; on bond at time of offence

MT 8y

AT 4y

 

Pacific Islander - brother involved in earlier fight with aborigines - armed with knife went back with others to continue fight - stabbed one victim in back and fatally stabbed V - under influence of alcohol and cannabis.

Tragic background – mother suicided when A only 2, then watched sister suicide when 7 – low average intellectual disability.

MHN (No.2)

(17 – 20 at sentence)

NSWSC 553

Kirby J

20.11.1998

Unlawful and dangerous

Stabbing – general

Fight

Juvenile

PG

 

FT 4y

 

(representing NPP – concurrent to murder sentence)

 

Unarmed Vietnamese youth followed from skating rink and attacked by group wielding weapons – picked up knife dropped by assailants and fatally stabbed one male attacker and wounded second male – not the aggressor – element of provocation and diminished responsibility

Volunteered previously unknown guilt to police – unhappy childhood – suffering depression – sentenced at similar time for murder (MHN NSWSC 29.10.1998)

Dang

NSW CCA [42]

2.3.1999

Provocation

Shooting – general

Fight

VG

nil

MT 4y 6m

AT 1y 6m

Crown AD

Female had argument with female V where V had produced rifle - two weeks later another argument ensued - offender loaded rifle out of fear V might use it against her - V shot during argument - high level of criminality and culpability - also wounded V’s daughter.

Grenenger

(22)

NSWSC [380]

Sully J

23.4.1999

Unlawful and dangerous

Fight

Assault - general

VG

nil

MT 18m

AT 18m

 

Struck V with bar stool during pub fight.

Good character and remorse.

TM

(17)

NSWSC [504]

Hidden J

28.5.1999

Unlawful and dangerous

Fight

Juvenile

Stabbing - general

PG

not relevant

MT 3y

AT 2y

JJ detention

 

Chased V with friends after confrontation in pub - friends kicked and punched V to ground - offender stabbed V in leg causing death.

Good prospects of rehabilitation, supportive family.

Nguyen

NSWSC [592]

McInerney J

4.6.1999

 

NSWCCA [45]

16.2.2000

Unlawful and dangerous

Fight

Assault - general

PG

nil

MT 3y

AT 1y

(PSC 2y)

AD

Group attack on V at dance hall following dispute – hit V with baseball bat causing death.

Good character and family support.

Bryant

NSWCCA [181]

29.6.1999

Unlawful and dangerous

Fight

Stabbing - domestic

VG

(murder trial)

other offences not specified

MT 6y 6m

AT 3y 6m

AD

During struggle in kitchen V savagely and brutally stabbed in chest and head - other wounds in body.

History of heavy drinking - remorse.

Khouzame

(19)

NSWSC [979]

Grove J

24.9.1999

 

NSWCCA [505]

6.12.2000

Unlawful and dangerous

Fight

Assault - general

VG

Mansl

AOABH

nil

MT 3y

AT 2y

(concurrent sentence)

AD

Struck another teenager in street with block of wood - part of fight between Lebanese and Turkish groups.

Good character - close and supportive family - good prospects of rehabilitation.

Nikau

NSWCCA [322]

13.10.1999

Unlawful and dangerous

Fight

Stabbing - general

PG

 

MT 8y

AT 4y

AD

Stabbed V during street fight between Pacific Islanders and Aborigines - affected by drugs and alcohol

Youthful offender.

Wright

(31)

NSWSC [1087]

Bell J

5.11.1999

Unlawful and dangerous

Fight

Stabbing - general

PG

 

MT 4y

AT 3y

 

Stabbed V four times in fight outside hotel – V intoxicated and initiated fight - A suffering exaggerated sense of danger, and carrying knife, following assault on him several weeks earlier - spontaneous offence.

Good prospects of rehabilitation.

Risteski

(22)

NSWSC [1248]

Dunford J

13.12.1999

Unlawful and dangerous

Fight

Assault - general

PG

minor record reflecting alcohol problem

MT 3y 6m

AT 2y

 

Killed English tourist with one punch to back of head during brawl between friends and English tourists after watching soccer match on TV - attempted to punch and kick deceased while on ground - intoxicated.

Good character - supportive friends and family - excellent prospects of rehabilitation.

Howard

(31)

NSWSC [1228]

Bell J

17.12.1999

Provocation

Fight

Stabbing - domestic

VG – at murder trial

one juvenile offence

MT 5y

AT 1y 6m

 

Stabbed neighbour during argument at offender’s flat.

Good prospects of rehabilitation.

Chami

(20)

NSWSC [1268]

Studdert J

20.12.1999

Unlawful and dangerous

Fight

Stabbing - general

PG

on bail for firearm offences

MT 5y 6m

AT 3y

 

Stabbed stranger in brawl outside nightclub.

Contrition, drug user, prospects of rehabilitation.

Naudin

(39)

NSWSC [18]

Dowd J

4.2.2000

Unlawful and dangerous

Fight

Stabbing - general

PG

minor

MT 3y

AT 3y

 

Arguing with friend who threatened A with knife - turned knife back on V, stabbing him in abdomen - immediate remorse - both intoxicated.

Suffering acute psychotic illness in gaol.

Kelly

(30)

NSW SC [701]

Barr J

13.7.2000

Provocation

Fight

Stabbing - domestic

PG

irrelevant

7y

NPP 3y 6m

 

Stabbed victim during altercation in kitchen - V started physical fight pushing offender to ground and causing wound to head - offender feared further assault may cause death because of brain injury he suffered in accident in 1994 - stabbed V seven times in chest and abdomen with fishing knife - intent to do really serious injury - culpability low.

Aboriginal - immediate assistance to victim, confession to police, genuine remorse

Munro

(20)

NSWSC [1225]

B-Parker AJ

19.12.2000

Unlawful & dangerous

Assault – domestic

Fight

VG at trial for murder

Minor

3y

NPP 11m 28d

 

Bashed male neighbour to death with cricket bat. V and brother approached offender’s house in early hours of morning and attempted to assault offender with cricket bat. Offender obtained bat in struggle and hit V several times on verandah and on ground. No longer acting in self defence when fatal blows inflicted.

Suffering severe epilepsy; acting in protection of self and home.

Dally

(47)

(2000) 115 A Crim R 582

Provocation

Fight

Stabbing - domestic

VG

assault 21 years ago

MT 6y

AT 2y

AD

Stabbed flatmate once in chest during argument over accommodation arrangements. Offender picked up carving knife and V stabbed when he starting pushing offender around.

Lonely life culminating in alcohol dependency. Offence not pre-meditated. Remorse.

Veech

(25)

NSW SC [68]

Wood CJ at CL

8.2.2001

Provocation

Shooting – general

Fight

VG

(murder trial)

Nil relevant

6y 6m

NPP 4y 11m

 

Shot male friend four times with rifle after loud and aggressive confrontation outside offender’s house. Shot V twice while standing and twice while V helpless on ground. Provocation significant and annoying but not extreme. Struck V with rifle butt after shooting him. Intent to kill.

Youth; unlikely to re-offend in this way; suffering physical effects of motor accident; benefit from counselling.

Greenhalgh

NSWSC [272]

Adams J

30.3.2001

 

[2001] NSW CCA 437

Fight

Assault - general

PG (25%)

criminal record including rob and assault

8y

NPP 4y 6m

AA

6y 9m

NPP 4y 6m

Punched intoxicated V during prolonged drinking session. A was aggressor. V died later from subdural haemorrhage 6 hours later. A did not realise he had inflicted lethal blow.

Alcoholic - no premeditation.

Bartlett

(51)

NSWSC [685]

Hidden J

9.8.2001

Substantial impairment

Assault – domestic

Fight

PG

nil

8y

NPP 4y

 

Struck V with a hammer several times during altercation in boarding house room.

Personality disorder with schizotypal traits and chronic depression

Cardoso

(22)

NSW SC [775]

Hulme J

7.9.2001

 

(2003) 137 A Crim R 535

Provocation

Stabbing – general

Fight

VG (murder trial)

(12.5% for offer on appeal)

nil

8y

NPP 5y

AA

7y

NPP 4y

Stabbed male stranger in head during fight between V and 6 men in shopping centre. Offender left fight and obtained table knife before returning and stabbing. High degree of force required. Moderate degree of provocation. Offender more sensitive because of refugee background.

Refugee from East Timor - Difficult background - Remorse - Limited English - Isolated.

Gardiner

(46)

NSW SC [1147]

Whealy J

6.12.2001

Provocation

Stabbing – domestic

Fight

PG (12%)

Lengthy minor matters only

7y 11m

NPP 5y

 

Stabbed flatmate during argument over rent money. V aggressive and abusive. Stabbed V in neck. Attempted to save V.

Special circumstances. No previous custody.

Griffis

(33)

NSW SC [1154]

McClellan J

13.12.2001

Provocation

Fight

Shooting - general

PG (30%)

minor juvenile offence

7y

NPP 5y 3m

 

Went camping with male friend - during physical argument received burn injuries to face - retrieved gun and shot friend in head - intoxicated and under influence of cannabis

Limited intelligence - good work record - problem with alcohol - unlikely to re-offend - remorse - co-operated with police

Marrah

(36)

NSWSC [862]

Levine J

17.9.2002

Unlawful and dangerous

Fight

Assault - general

PG (20%)

assaults

6y 5m

NPP 4y 9m

 

Shearer killed work associate - Assaulted V during argument about money - Element of pre-meditation - Smaller V - Left V on side of street unaware of fatality of assault - Middle to upper range for assault of this type

Good prospects of rehabilitation

CK

(16)

NSWSC [942]

Studdert J

11.10.2002

 

NSWCCA [116]

29.4.2004

Unlawful and dangerous

Juvenile

Assault – general

Fight

PG (25%)

nil

7y 6m

NPP 4y

AD

Present during series of confrontations between Asian and Australian youths throughout evening of killing - threw solid metal bar at car being driven by 17y male - bar penetrated skull of victim

Born to Korean parents - Contrition - Uncharacteristic behaviour - Hardship to family

Cioban

(37)

NSWSC [972]

Studdert J

18.10.2002

 

NSW CCA

(2003) 139 A Crim R 265

Excessive self defence

Shooting – general

Fight

VG

s.33A

Manslaughter

 

Manslaughter:

8y

NPP 5y

Total:

9y

NPP 6y

Conviction AA - s.33A

 

Manslaughter:

AA

6y 6m

NPP 4y

Involved in fight with group of Fijians on street - Punched and kicked - Fired shot at V failing to strike anything - Pursued by V in aggressive manner - Backed into door way and shot V in chest - No premeditation - Believed necessary to defend self

Romanian - Full time carer for disabled son - Offence out of character - Good prospects of rehabilitation

Waterman

(30)

NSWSC [1236]

Hidden J

18.12.2002

 

Leyman

(30)

NSWSC [1226]

Hidden J

19.12.2002

Unlawful and dangerous

Stabbing – general

Accessory

Fight

VG (murder trial - offered to plead)

 

 

 

 

PG

lengthy record but mostly juvenile

 

 

 

old and brief record

6y

NPP 3y 6m

 

 

 

 

5y 6m

NPP 3y

 

PW became involved in argument with homeless men outside house - Returned to argument with co-offender and knife - V stabbed when impaled self on knife - No intent to kill - History of tension between residents and homeless men

PW - Intoxicated - Improvement in lifestyle means offence out of character - Good prospects of rehabilitation although needing assistance with alcohol abuse - Offered to plead to manslaughter - Remorse

L (charged accessory) accompanied co-offender knowing he was armed with knife contemplating it might be used to cause injury - alcohol abuse - good character evidence - remorse

Maclurcan

(48)

NSWSC [799]

Buddin J

29.8.2003

Unlawful and dangerous

Assault – general

Fight

PG (top of range)

Minor

3y

NPP 17m

 

Struck male acquaintance once to head with fist during argument – V’s head struck concrete – Offender in manic phase of bipolar disorder

Excellent character evidence – Good prospects of rehabilitation

Diab

(19)

NSWSC [978]

Shaw J

31.10.2003

 

1.3.2005

NSWCCA [64]

Unlawful and dangerous

Shooting – general

Accessory

Fight

PG (25%)

 

Sched:

Affray

2 x Firearms offences

Nil

9y

NPP 6y

AD

With juvenile co-offender (MA: murder) became involved in altercation with 18y male on street. Co-offender shot V at close range in chest. Unpremeditated. Aware of presence of loaded gun but not aware MA would shoot.

2 days before threatened male at service station with loaded pistol - prior good character and strong prospects of rehabilitation.

Yu

(33)

NSWSC [1153]

Wood CJ at CL

4.12.2003

Unlawful and dangerous

Alcohol / fight

Stabbing – domestic

Fight

PG

Nil

5y

NPP 2y 6m

 

Illegal immigrant from Korea – became involved in physical fight with acquaintance at offender’s home – double stab wounds to abdomen – no intent to stab – also struck V to head five times with golf clubs – suffering intoxication aggravated by extreme sleep deprivation – V aggressive and threatening and refused to leave house

Vulnerable – good character evidence – isolation in gaol – high prospects of rehabilitation

Battur

(22)

NSWSC [1164]

Greg James J

8.12.2003

Unlawful and dangerous

Stabbing – general

Fight

PG (25%)

Nil

6y 3m

NPP 2y 9m

(PSC 3m)

 

Mongolian offender and victim – Argument over failure of offender to show proper respect – Threats and physical assault by V – Armed self with knife for self defence – Met again later in evening and threats / assaults continued – Stabbed V in chest

Co-operation and contrition - Element of provocation and self defence – Onerous custodial conditions – Strong prospects of rehabilitation – Facing reprisals in Mongolia

Walsh

(32)

NSWSC [111]

Howie J

27.2.2004

 

(2004) 142 A Crim R 140

Provocation

Assault – domestic

Fight

VG

(murder trial – 15% for offer)

Lengthy record including violence

7y 3m

NPP 5y 6m

 

Became involved in violent struggle with male acquaintance staying at offender’s premises – Struck V in head with hammer 8-9 times – V aggressive all evening – Substantial provocation – Body dismembered and dumped in river – Attempt made to cover offence

Poor health

Boyd

(37)

NSWSC [263]

Buddin J

5.3.2004

Excessive self defence

Fight

Stabbing - general

PG (at or near top of range)

Includes violence but only one period of imprisonment

7y 6m

NPP 4y 6m

 

Multiple stab wounds to neighbour in hotel with carving knife – Violent argument – Both intoxicated

Violent and deprived childhood – Hearing deficit and low intelligence – Reduced ability to deal with stress

Forbes

(29)

NSWSC [421]

Hulme J

7.5.2004

 

NSW CCA [377]

4.11.2005

(2005) 160 A Crim R 1

Unlawful and dangerous

Fight

Stabbing – general

Accessory

Excessive self defence /

Shooting – general

PG

Mans

 

VG

Mansl – (murder trial)

Lengthy record – breached parole

Mansl 1:

12y

NPP 9y

Mansl 2:

12y

NPP 8y

Total:

19y

NPP 15y

AA

Mansl 1:

9y

NPP 6y 9m

Mansl 2:

12y

NPP 8y

Total:

16y 9m

NPP 12y 9m

Involved in fight outside hotel – Male stabbed by friend – Aware friends intoxicated and had knife – Aware risk knife would be used

3 months later took loaded gun to confront male acquaintance over disputed issues – Aware V violent – Shot V in caravan in subsequent struggle – Second shot fired while V on or near floor – Intent to kill

Low prospects of rehabilitation

Muddle

(40)

NSWSC [403]

Bell J

21.5.2004

Excessive self defence

 

Fight Stabbing - domestic

VG

(murder trial)

Minor

6y

NPP 3y

 

Became involved in sustained physical fight with younger and powerfully built male acquaintance during drinking session at offender’s home – V threatened to kill then forced way into house – Stabbed in upper back with knife - excessive self defence to introduce weapon

Genuine remorse – Reasonable prospects of rehabilitation

Tillman

(31)

NSWSC [794]

Dunford J

3.12.2004

Assault – general

Fight

PG (25%)

 

6y

NPP 3y 3m

 

Physical argument initiated by V – gouged eye of V and kicked in head twice – subsequent death caused by blood clot

Surrendered to police – genuine remorse

Clifford

(19)

NSWSC 521

31.5.2005

Adams J

 

NSW CCA [360]

27.10.2005

(2005) 156 A Crim R 577

Shooting – general

Accessory

Fight

VG

Mansl (murder trial)

Mal cause GBH

On bond for assault

Manslaughter

6y

NPP 3y

(concurrent sentence)

Crown AA

Manslaughter

7y 6m

NPP 4y 6m

Initiated argument with group of men on street – co-offender came to assistance, shooting two of men - one fatally - one permanently injured - AB convicted of murder

DV from mother’s boyfriends – functionally illiterate – D&A use – substance-induced MI – remorse – good prospects for rehabilitation

Ahmad

(30)

NSWSC [911]

Howie J

11.9.2005

 

NSWCCA [177]

5.6.2006

Excessive self defence

Shooting – general

Fight

PG (15%)

 

Mal inflict GBH

Mal wound

AOABH

Irrelevant

Manslaughter:

9y 4m

NPP 6y

Total:

10y 4m

NPP 7y

AD

Arguments between factions of Lebanese community – offender broke V1’s jaw and later shot and killed V2 – intent to kill

Lebanese – married with 3 young children – wife sentenced for hindering police – out of character – some hearing loss from bomb blasts in Lebanon – very low IQ – good rehabilitation prospects

Bullock

(25)

NSWSC [1071]

Buddin J

21.10.2005

Provocation

Fight

Stabbing - general

VG

(murder trial - discount for offer)

Minor

8y

NPP 5y

 

Fight in hotel – Unprovoked assault by V – Offender collected knives from father’s house nearby and returned – Assault resumed by V and offender stabbed V in abdomen – Significant provocation – Intent to cause GBH

Immediate remorse – discount for offer to plead guilty to manslaughter

Hamshere

NSWSC [1319]

Hall J

15.12.2005

Unlawful and dangerous

Fight

Stabbing - general

PG (25%)

Minor assault

5y

NPP 3y

 

Friendly wrestle between male friends became more heated – Offender picked up knife from kitchen and stabbed V in neck – Intoxicated

Great remorse

King

(36)

 

Bugmy

(33)

 

 

 

 

CJ

(16)

 

NSWSC [161

Buddin J

17.3.2006

Fight

Assault - general

Accessory

Juvenile

PG

(20%)

Minor

 

 

Extensive including violence – breached parole

 

nil

6y

NPP 3y 8m

 

7y 6m

NPP 4y 4m

 

 

 

 

4y 4m

NPP 2y 8m

 

History of animosity between two aboriginal family groups in small town – male associated with one family threatened by group associated with second family including offenders – V assaulted by offenders armed with rocks and known weapons – fatal assault to head

K – stable family life – good conduct in custody despite onerous conditions

B – tragic background – partially blind – alcohol problems

CJ – difficult childhood – good use of time in custody – low cognitive skill – good character

Clay

(19)

 

Lonsdale

(24)

 

NSWSC [1220]

Buddin J

17.11.2006

Unlawful and dangerous

Fight

Assault – general

Accessory

PG (at or near top of range)

 

 

PG  (at or near top of range)

Minor traffic

 

 

Minor drug

5y

NPP 3y

 

6y 8m

NPP 4y

 

Male assaulted on front lawn of house by group of males – all intoxicated – C punched V to head at commencement of affray – Subsequently watched assault – L assaulted V with mattock handle and kicked and punched V – V refused medical attention and later died of ruptured spleen caused by assault with mattock handle

C – lesser offender – out of character – remorse

L – psychotic illness

Berrier

(22)

NSWSC [1421]

Hidden J

21.12.2006

 

NSW CCA [40]

27.2.2009

Provocation

Stabbing – general

Fight

VG at murder trial

Minor

9y

NPP 6y

AD

History of animosity and threatening behaviour by V – stabbed during fight – single stab wound – significant level of provocation – intent to inflict GBH

Remorse – low intellectual ability

KT

(16)

NSWSC [83]

Johnson J

16.2.2007

 

NSW CCA [51]

1.4.2008

(2008) 182 A Crim R 571

Unlawful and dangerous

Assault – general

Juvenile

Fight

PG (25%)

Nil

6y

NPP 4y

AD

Out driving with friend throwing eggs at strangers on street – V became agitated at conduct and threw can at car – confrontation resulted in single fatal punch to head – V small Sudanese man with limited English

Borderline intellectual ability – remorse

Hamilton

(34)

NSWSC [452]

Adams J

9.5.2007

Excessive self defence

Stabbing – general

Fight

PG (25%)

Priors – no violence

5y 6m

NPP 2y 6m

 

Struggled with male friend at house – V acting in irrational, violent and threatening manner with knife – genuine fear – three blows excessive – took body and dumped in creek at golf course at bequest of occupier of house afraid of going to gaol –offence in low range

Borderline intellectual functioning – remorse

Antaky

(50)

NSWSC [1047]

Hulme J

14.9.2007

Substantial impairment

Shooting – domestic

Fight

PG

Nil

8y

NPP 6y

 

Shot brother-in-law during family dispute – V had displayed threatening behaviour toward offender’s parents – offender had “fixed determination” to kill V.

Depressive disorder

Taiseni

(30)

 

 

 

 

 

Motuapuaka

(26)

 

 

 

 

 

Leota

(29)

 

 

 

 

 

Tuifua

(33)

 

NSWSC [1090]

Latham J

21.9.2007

Unlawful and dangerous

Fight

Assault – general

Accessory

PG (20%)

Manslaughter

Maliciously inflict GBH

Sched: Supply heroin

 

PG (20%)

Manslaughter

Maliciously inflict GBH

 

 

 

PG (10%)

Manslaughter

Maliciously inflict GBH

Sched:

Supply heroin

 

PG (10%)

Manslaughter

Maliciously inflict GBH

Summary - Assaults and weapon offences

 

 

 

Minor

 

 

 

 

 

 

Minor

 

 

 

 

 

 

Nil

Manslaughter:

3y 2m

NPP 2y

Total:

4y 2m

NPP 3y

 

Manslaughter:

5y 7m

NPP 3y

Total:

7y 7m

NPP 5y

 

Manslaughter:

6y 4m

NPP 3y 6m

Total:

8y 4m

NPP 5y 6m

 

Manslaughter:

3y 7m

NPP 2y 2m

Total:

4y 7m

NPP 3y 2m

 

L involved in argument over use of pool table with V2 – ejected from hotel – returned with co-offenders and attacked V2 – M swung bar stool at V2 and fatally struck V1 (hotel employee) in head – V2 kicked in head

L – principal role – Tongan – married- - genuine remorse – moderate prospects of rehabilitation

M – equal culpability to L – Tongan – married with 2 children – genuine remorse – some prospects of rehabilitation

Taiseni - lesser culpability – presence only – Tongan – married with two children – genuine remorse – good prospects of rehabilitation

Tuifua – lesser culpability – presence only – Tongan – married with four children – genuine remorse – excellent prospects of rehabilitation

King

(18)

NSWSC [1134]

Fullerton J

12.10.2007

Excessive self defence

Stabbing – domestic

Fight

PG (25%)

Nil

4y

NPP 22m

 

Argument broke out with strangers outside family home of offender – 30-40 additional men arrived to continue fight – genuine fear for safety of self, brother and family including children in house – retrieved knife from house – stabbed V in neck – single stab wound - intent to inflict GBH only – low end of range of seriousness

Good character – Long term relationship with young child – Nearly 2 years PSC - remorse

Siose

(18)

NSWSC [1202]

Hidden J

2.11.2007

 

Co-offender:

SSA (murder)

Joint criminal enterprise

Stabbing – general

Fight

PG (15%)

Brief

6y 9m

NPP 3y 9m

 

Young stranger stabbed by co-offender during fight in amusement arcade – in company – carrying knives for protection – single stab to chest – spontaneous offence

Philippino – evidence of rehabilitation and remorse

A.S.Jones

(43)

 

 

 

 

 

 

A.Jones

(21)

 

 

 

 

 

S.M.Jones

(32)

 

 

 

 

 

S.Jones

(64)

 

 

 

 

 

E.Jones

(female)

63)

 

NSWSC [1333]

Buddin J

23.11.2007

Excessive self defence / Provocation

Fight

Stabbing – general

Accessory

VG (at murder trial - 15% for offer)

Mansl

Mal wound

Sched:

4 off

 

 

VG (at murder trial – 15% for offer)

Mansl, Mal wound, Assault

 

 

PG (15%)

Mansl, Mal wound

 

 

 

 

 

VG

Mansl, Mal wound

 

 

 

 

VG

Mansl, Mal wound

 

Nil

 

 

 

 

 

 

 

Minor

 

 

 

 

 

 

Minor

 

 

 

 

 

 

Minor

 

 

 

 

 

 

nil

Mansl

8y 3m

NPP 5y 3m

Total

9y

NPP 6y

 

 

Mansl

8y 3m

NPP 5y 3m

Total

9y

NPP 6y

 

Mansl

8y 3m

NPP 5y 3m

Total

9y

NPP 6y

 

Mansl

7y 9m

NPP 4y 9m

Total

8y 6m

NPP 5y 6m

 

Mansl

7y

NPP 4y 6m

Total

7y 6m

NPP 5y

 

 

 

 

 

 

 

 

AD

NSWCCA 169

26.6.2009

All offenders part of Romany gypsy family – V members of another Romany gypsy family related by marriage to offenders – during evening AS Jones and A Jones involved in aggressive altercation with members of V family – both families armed selves and prepared for confrontation – SM Jones, S Jones and E Jones travelled to caravan park for purpose of confrontation – fight broke out in which male V fatally stabbed and second male V badly injured – A Jones assaulted 16y female – not clear which offender responsible for fatal stabbing – element of self defence and provocation – culpability of E.Jones slightly less – Offenders convicted of alternative offences at trial for murder and attempt murder

AS Jones – father to A Jones and son of S Jones - credit given for offer to plead to manslaughter - exemplary conduct in custody – possibility of deportation – prospects of rehabilitation

A Jones – son of AS Jones - remorse – prospects of rehabilitation – credit given for offer to plead to manslaughter

SM Jones – evaded police and voluntarily surrendered during trial of other offenders

S Jones – father to AS Jones and S Jones and grandfather of A Jones

E Jones – wife of S Jones, mother to AS Jones – health problems – isolation from family (most in custody)

York

(31)

NSWSC [1470]

Adams J

14.12.2007

Unlawful and dangerous

Stabbing – domestic

Fight

PG (20%)

 

5y

NPP 3y

 

Stabbed male during argument with neighbours in caravan park – element of self defence – impulsive offence – holding knife in hand because using it as eating utensil – low culpability

Good character – prospects of rehabilitation – citizen of UK

Turuta

(44)

NSWSC [1505]

Mathews AJ

21.12.2007

Excessive self defence

Stabbing – domestic

Fight

VG at murder trial

Assault

Nil

7y

NPP 4y 6m

 

Fight broke with neighbour and friend after offender physically assaulted partner – stabbed neighbour in back and stomach

Extraordinary hardship to three children – serious physical deterioration of mother – born in Cook Islands

Salah

(33)

NSWSC [311]

Johnson J

4.4.2008

 

NSWCCA [2]

2.2.2009

Excessive self defence

Stabbing – general

Fight

PG (10%)

Minor

8y 9m

NPP 5y 9m

Appeal allowed only to comply with s44 Crimes (Sentencing Proc) Act; otherwise Appeal dismissed.

 

New sentence:

8y 9m

NPP 5y 9m

Earlier in day had violent argument with V – Several hours later returned to area and warned V armed with knife – in subsequent confrontation V broke hand of brother and threatened with knife – grabbed knife from V and stabbed six times – more serious category

Israeli national – good character

Hopley

(35)

NSW CCA [105]

15.5.2008

Unlawful and dangerous

Fight

Assault - general

VG

Priors – less serious

5y

NPP 3y

AD

Punched male stranger twice in altercation outside nightclub – altercation between two groups began inside nightclub – spontaneous response to violence initiated by third person – acted in anger not self defence

Sole parent to 13y son - remorse

Williamson

(19)

NSWSC [686]

James J

2.6.2008

Excessive self defence

Fight

Stabbing - general

PG (15%)

Nil

5y

NPP 2y 6m

 

Stabbed 15y male once in abdomen with broken glass drug smoking pipe during fight at party in bushland – fight provoked by V jealous of relationship with ex-girlfriend – assaulted V and others – sustained head injury – spontaneous offence – intent to cause GBH – intoxicated

Disrupted childhood – substance abuse – good prospects of rehabilitation

Sin

(20)

NSWSC [621]

McClellan CJ at CL

20.6.2008

Unlawful and dangerous

Stabbing – general

Fight

PG (12.5%)

Driving offences and involvement in brawl

10y 6m

NPP 7y

 

Fight outside shopping centre between Lebanese and Asian groups – Appellant stabbed male in side with cheese knife – no intent to inflict deep wounds

Genuine remorse – Cambodian – Prospects of rehabilitation

Kennedy

(40)

NSWSC [703]

Fullerton J

11.7.2008

Unlawful and dangerous

Fight

Stabbing - domestic

VG (murder trial - offered to plead)

Minor

6y

NPP 4y

 

Trivial argument with flatmate – struck back of head with heavy implement and stabbed once to back – no provocation – several acts of violence – no intent as result of intoxication (alcohol, drugs and pre-existing brain damage) – body found in unit after 27 days

Long term user of illegal drugs – genuine remorse – good prospects of rehabilitation

Carroll

(20)

NSW CCA [218]

19.9.2008

(2008) 188 A Crim R 253

 

HCA [13]

21.4.2009

 

NSW CCA [55]

1.4.2010

(2010) 200 A Crim R 284

Unlawful and dangerous

Assault – general

Fight

PG

Nil

3y

NPP 18m

PD

Crown AA

3y

NPP 18m

 

 

 

AA

Matter remitted to CCA

 

 

Crown AA

18m suspended sentence to date from 1.12.2009

Altercation outside hotel between V and offender’s group of friends – V made idle threat to kill – Offender head butted V who fell back onto road – died ten days later – V heavily intoxicated

Excellent prior character – Depression resulting from offence – genuine understanding of consequences of act – excellent prospects of rehabilitation

Full-time imprisonment required but in light of combined periods of periodic and full-time imprisonment, A’s personal circumstances and the strain of extended legal process over 2008 and 2009, the objective seriousness of the offence would be satisfied by recognising A’s imprisonment in the past and imposing a further 18m suspended sentence – this reflects the unique set of circumstances surrounding A: at [67].

Hatch

NSWSC [1411]

Adams J

19.12.2008

Unlawful and dangerous

Fight

Stabbing - general

VG

(murder trial)

Priors – breached bond

5y 6m

NPP 2y 6m

(cumulative to 6m for breach of bond)

 

Stabbed male acquaintance during struggle – During earlier fight V punched and kicked offender to unconsciousness – Several hours later V entered house containing offender and two friends armed with knife and iron pipe – Co-offender stabbed and seriously wounded by V – During subsequent struggle offender used knife to fatally stab V - elements of defence provocation and aggression – all parties intoxicated – co-offenders sentenced for AOABH in company – Lower end of seriousness

Difficult childhood – drug and alcohol abuse – remorse – prospects of rehabilitation

Abbas

(33)

NSWSC [127]

Mathews AJ

6.3.2009

Excessive self defence

Fight

Stabbing - general

PG (20%)

Minor record – no gaol

6y 9m

NPP 3y 9m

 

Intoxicated male V threatened offender and friend at table in fast food outlet – strangers – attempted to have friend leave – retrieved knife from car to scare V – stabbed V four times when V holding friend by shirt neck - lower end of spectrum

Voluntarily attended police station – extreme remorse – severely physically assaulted by mother leaving heightened response to threats – attempted suicide twice as teen – good work record – married with two children – strong prospects of rehabilitation

Donaczy

(28)

NSWDC [63]

Conlon SC DCJ

6.3.2009

 

NSWCCA [143]

6.7.2010

Unlawful and dangerous

Fight

Assault - general

PG (20%)

Prior record – not serious

6y

NPP 3y 6m

AD

Punched male acquaintance once to head outside hotel – evidence suggests tension between offender and V throughout the night

Difficult and abusive childhood – early drug abuse – part aboriginal – good prospects of rehabilitation

Munter

(36)

NSWSC [158]

Howie J

9.4.2009

Unlawful and dangerous

Assault – general

Fight

PG (20%)

Minor driving offence

3y 3m

NPP 18m

 

Abused 66y male stranger watering lawn – believed breaching water restrictions – heated exchange – punched V to head – pushed V over and kicked in mid-section – minor assault – V died of cardiac arrest – diseased heart exacerbated by assault

True remorse – suffering chronic permanent back pain at time of offence – pain to affect custodial conditions

TT

(20)

 

RT

(17)

 

ET

(25)

 

NSWSC [437]

Latham J

20.5.2009

Excessive self defence

Juvenile

Stabbing – general

Accessory

Fight

PG (15%)

Breached bond for minor offence

 

Nil

 

Nil

6y 3m

NPP 3y 3m

 

6y 6m

NPP 3y 6m

 

6y

NPP 3y

 

TT and RT became involved in fight on street with group of men including V – woke brother and returned to scene armed with sword and knife – Victim stabbed by RT – TT and ET charged on basis of participation in affray in knowledge that serious physical injury could result – moderately below mid-range

TT and ET suffered skull fractures from affray – good prospects of rehabilitation – no problem with alcohol and drugs - remorse

Whitmore

(35)

NSWSC [520]

Adams J

10.6.2009

Common purpose

Fight

Stabbing - general

PG (10%)

Assaults

6y 6m

NPP 4y

 

Male stabbed in back during argument with neighbours over dogs – unclear who inflicted fatal stab wound – Offender and sister emerged from house in response to comment made by V – Offender armed with knife but inflicted only minor wounds during argument – sentenced on basis did not advert to possibility lethal blow could be inflicted by someone with intent to kill or inflict gbh – lower range of culpability - sister sentenced for murder

History of alcohol and drug abuse – suffering depression – good prospects of rehabilitation

Mills

(40)

NSWSC [521]

Howie J

11.6.2009

Unlawful and dangerous

Stabbing – general

Fight

PG (20%)

Old assault offences – more recent minor offences

7y 3m

NPP 4y 6m

 

Stabbed 44y male acquaintance during argument in kitchen of mutual friend – one stab to chest – intoxicated and under influence of drugs

Genuine remorse

White

(21)

NSWSC [809]

Hidden J

20.8.2009

Substantial impairment

Stabbing – general

Fight

PG (15%)

nil

10y

NPP 6y

 

Stabbed male acquaintance in block of residential units during struggle – high level of violence

Schizophrenia – paranoid delusions

Long history of schizophrenia – cannabis and alcohol use

Young

(22)

NSW CCA [298]

18.12.2009

Unlawful and dangerous

Motor vehicle

Fight

PG (15%)

Minor traffic matter

8y

NPP 5y

AD

Heavily intoxicated after drinking at hotel – verbal and minor physical altercation between offenders’ group and V’s group – drove car towards V’s group, mounted footpath and struck V – intent to frighten – spontaneous offence – left scene of accident

Remorse – good prospects of rehabilitation

HT

(16)

NSWSC [324]

Hidden J

23.4.2010

Excessive self defence

Juvenile

Stabbing – general

Fight

PG (15%)

Manslaugh

Carry knife in public place

nil

6y

NPP 3y

 

Fatally stabbed 17y youth on train – group containing V pursued second group containing offender on train – V stabbed several times to chest when he approached offender throwing punches – carried knife for personal protection

Deep remorse – fearful as a result of being a victim of violence in the past – violence out of character

Good

(22)

NSWSC [402]

Buddin J

6.5.2010

Excessive self defence

Stabbing – general

Fight

VG (at murder trial - 25% for offer)

Assaults – breached bond

7y 9m

NPP 4y 9m

 

Stabbed male acquaintance – 6 stab wounds – during confrontation outside party responded to assault by V – showed some reluctance to fight - history of antagonism between offender and V over offender’s relationship with V’s sister – spontaneous offence

Offer to plead guilty to manslaughter rejected

Hutchison

(33)

NSW CCA [122]

11.6.2010

Unlawful and dangerous

Fight

Assault - general

PG

Assault offences

7y 6m

NPP 5y 6m

AD

Punched male V twice to head in hotel – first punch in self defence – both intoxicated – aggressive behaviour all night – history of aggression when intoxicated

West

(18)

NSWDC

Finnane DCJ

14.9.2010

 

NSW CCA [91]

14.4.2011

Unlawful and dangerous

Stabbing – domestic

Fight

PG (25%)

Childrens Court – dishonesty, AOABH, driving

6y

NPP 2y

Crown AA

6y

NPP 3y

Stabbed brother of girlfriend during drunken argument at family gathering – single blow with scissors in heat of moment – not particularly forceful blow.

Intellectual disability – alcohol and cannabis abuse – just turned 18.

Lynch

(24)

NSWSC [952]

15.9.2010

Studdert AJ

Provocation

Fight

Stabbing - general

PG (15%)

minor

7y

NPP 5y

 

Stabbed V lightly to back of neck then fatally to stomach during confrontation between group of people outside house at night – all drinking – used work knife – intent to cause GBH – provocation of pushing offender’s fiancé significant and shortly before stabbing

Genuine remorse – good character

Pirini

(21)

NSWSC [1395]

RA Hulme J

18.3.2011

 

Co-offenders:
LA ROSA

AOULI

COSTA

MENZIES

Joint Criminal Enterprise

Stabbing / Assault – general

Unlawful and dangerous

Fight

PG (20%)

Affray

Manslaughter

Driving offences

Affray

FT 2y 2m

 

Manslaughter

6y

NPP 3y

 

Total:

6y 6m

NPP 3y 6m

 

Member of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell’s Angels club killed – member of rival club pursued and assaulted inside security gate by Comencheros including offender – involved in scuffle but did not punch or kick – during affray outside security area involved in fight with single member of rival club but did not use weapon and did not assault manslaughter V – during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - Good prospects of rehabilitation - remorse

Winefield

(45)

NSWSC [337]

Fullerton J

20.4.2011

Unlawful and dangerous

Fight

Stabbing - general

VG

(at murder trial)

Prior record for violence

10y

NPP 7y 6m

 

Stabbed 18y male stranger in chest during fight on street – both intoxicated – offender was aggressor at all times and wielded knife – V killed in presence of friends aged below 18y – use of knife an aggravating factor

La Rosa

(37)

NSWSC [1394]

RA Hulme J

24.6.2011

 

Co-offenders:
PIRINI

AOULI

COSTA

MENZIES

Joint Criminal Enterprise

Stabbing / Assault – general

Unlawful and dangerous

Fight

PG (15%)

Affray

Manslaughter

Driving offences – on bail for driving offence

Affray

FT 2y 4m

 

Manslaughter

6y 7m

NPP 3y 3m

 

Total:

7y 1m

NPP 3y 9m

 

Treasurer of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell’s Angels club killed – member of rival club pursued and assaulted inside security gate by Comencheros - affray outside security area where manslaughter V fatally assaulted and stabbed – present but no physical acts during either incident - during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - Good prospects of rehabilitation - remorse

Aslett

(18)

NSWSC [650]

Harrison J

1.7.2011

 

 

Co-offender:
WA

ASLETT

Joint criminal enterprise

Fight

Shooting – general

VG at murder trial

(25% discount for offer)

Extensive

7y

NPP 4y 6m

 

Argument with male V over alleged burning of cousin’s car – with cousin returned home to arm selves with machete and baseball bat – aware another cousin armed with handgun – three offenders confronted V at his home – V offered unarmed fistfight – offender struck V with baseball bat cousin shot V in back – all offenders fled scene – just below mid-range

Anger management problems

Aouli

(28)

NSWSC [1393]

RA Hulme J

15.7.2011

 

[2012] NSWCCA 104

 

 

Co-offenders:
PIRINI

COSTA

LA ROSA

MENZIES

Joint Criminal Enterprise

Stabbing / Assault – general

Unlawful and dangerous

Fight

PG (12.5%)

Affray

Manslaughter

Priors including assault – breached bail

Affray

FT 2y 5m

 

Manslaughter

5y 8m

NPP 3y

 

Total:

6y 2m

NPP 3y 6m

AD

Member of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell’s Angels club killed – flew in from Melbourne with other members of club having arranged for additional members to meet at airport - member of rival club pursued and assaulted inside security gate by Comencheros including offender – did not throw punch – present during affray outside security area where manslaughter V fatally assaulted and stabbed but not physically involved – during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - Good prospects of rehabilitation – remorse – good employment history

Costa

(29)

NSWSC [1392]

RA Hulme J

26.7.2011

 

 

 

Co-offenders:
PIRINI

AOULI

LA ROSA

MENZIES

Joint Criminal Enterprise

Stabbing / Assault – general

Unlawful and dangerous

Fight

PG (12.5%)

Affray

Manslaughter

Nil

Affray

FT 2y 4m

 

Manslaughter

6y 7m

NPP 3y 4m

 

Total:

7y 1m

NPP 3y 9m

 

Secretary of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell’s Angels club killed – met Club members alighting from plane having arranged for attendance of other members at airport - member of rival club pursued and assaulted inside security gate by Comencheros including offender - involved in scuffle but did not punch or kick – present during affray outside security area where manslaughter V fatally assaulted and stabbed but not physically involved – during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury

Left Club - Good prospects of rehabilitation – remorse – good work ethic – married with two children

Barghachoun

(21)

NSWSC [1534]

Johnson J

13.12.2011

 

Co-offender:
AH

SMITH

Joint Criminal Enterprise

Stabbing – general

Fight

PG (20%)

Short record

4y

NPP 2y 3m

 

Involved in fight between two groups of youths and men at night – responded to call for assistance and attended scene armed with metal pole and expecting fight - male from second group stabbed in chest – offender not aware of knife nor of stabbing until group left scene

Good prospects of rehabilitation – 20% discount for guilty plea - remorse

AH

(16)

NSWSC [1535]

Johnson J

13.12.2011

 

Co-offender:
BARGHACHOUN

SMITH

Joint Criminal Enterprise

Stabbing – general

Fight

Juvenile

PG (20%)

Record – breached bond

4y

NPP 2y

 

An instigator of fight between two groups of youths and men at night – agreed to several confrontations – continuing argument with male from second group – called for assistance and attended scene armed with metal pole and expecting fight - male from second group stabbed in chest – offender not aware of knife nor of stabbing until group left scene

20% discount for guilty plea – immaturity

Forbes

(20)

NSWSC [1547]

Harrison J

16.12.2011

Joint Criminal Enterprise

Shooting – general

Fight

PG (50% plea and assist)

nil

3y

NPP 1y 6m

 

Part of group chasing another group due to earlier altercation – V armed with knife – shot by co-offender – A was not armed but aware co-offenders were – shooting was not intended – no planning.

Protective custody – special circumstances – assistance to authorities.

Prior good character.

Smith

(18)

NSWSC [38]

Mathews AJ

8.2.2012

 

Co-offender:
BARGHACHOUN

AH

Excessive self defence

Stabbing – general

Fight

VG (murder trial – 20% for offer to plead)

Nil

6y

NPP 3y

 

Stabbed male during confrontation between two groups at night – V called in to support one group and approached offender with bat – stabbed V once to side of body in self defence – spontaneous offence – had taken knife from friend earlier to prevent friend using knife

Impeccable character – offence out of character – immediate remorse – onerous bail conditions

Menzies

(26)

NSWSC [158]

RA Hulme J

2.3.2012

 

Co-offenders:
PIRINI

AOULI

LA ROSA

COSTA

Joint Criminal Enterprise

Stabbing / Assault – general

Unlawful and dangerous

Fight

VG

Affray

 

PG (15%) Manslaughter

Two incidents of violence in public place

Affray:

3y

 

Manslaughter

7y 2m

NPP 3y 8m

 

Total:

7y 8m

NPP 4y 2m

 

Member of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell’s Angels club killed – flew in from Melbourne with other members of club having – involved in affray where member of rival club pursued and assaulted inside security gate by Comencheros – present during affray outside security area where manslaughter V fatally assaulted and stabbed - sentenced for participation in joint criminal enterprise to commit unlawful and dangerous act in circumstances which objectively carried appreciable risk of serious injury being caused

Aboriginal - Left Club - Good prospects of rehabilitation – genuine remorse – 15% discount for plea after failure to agree at murder trial

Vulovic (No.4)

(53)

NSWSC [212]

Johnson J

15.3.2012

Provocation

Fight

Stabbing - domestic

VG

at murder trial

Record including assault

9y

NPP 6y

 

Stabbed male acquaintance during violent argument in offender’s house – both parties intoxicated - provocative words and violence from V – offender partially strangled – intent to inflict GBH – substantial level of objective gravity

Reasonable prospects of rehabilitation

Cook

(18)

NSWSC [480]

Garling J

11.5.2012

Excessive self defence

Stabbing – general

Fight

PG (25%)

BE&S. On bond at time of offence.

7 y 6m

NPP 4y

 

Stabbed V once in chest during affray between two groups of males – V had been walking towards A with broken bottle – both had taken a swing at each other – A did not bring knife to the fight but had picked it up in self-defence – actions of immature teenager.

Employed – reasonable rehabilitation prospects – little chance of reoffending – general good character.

Aslett

(22)

NSWSC [711]

Harrison J

29.6.2012

 

Co-offender:
WA

ASLETT

Joint criminal enterprise

Shooting – general

Fight

VG at murder trial

(25% discount for offer)

Assault

6y 3m

NPP 4y

 

Argument with male V over alleged burning of brothers car – with cousin returned home to arm selves with machete and baseball bat – brother armed with handgun – three offenders confronted V at his home – V offered unarmed fistfight – brother shot V in back – all offenders fled scene – just below mid-range

Difficult childhood – temper problem – partner with young child

Shedden

(31)

NSWSC [759]

Fullerton J

6.7.2012

Unlawful and dangerous

Shooting – general

Accessory

Fight

PG (25% plea & assist)

 

violence

6y 9m

NPP 2y 3m

 

Male shot dead emerging from car that had been lured into suburban street – attack retaliation for earlier assault by V on several members of group – allowed house to be used for planning of assault on V and present during attack - aware someone in group of assailants had gun – played a principle role – high degree of criminality

Protective custody - lost all contact with family, wife and children – combined discount 25% for plea and assistance – brother sentenced for murder

Mariam

(24)

NSWSC [1023]

Latham J

30.8.2012

Unlawful and dangerous

Shooting – general

Fight

VG

(murder trial – 15% for offer)

Mansl

Affray

Old robbery offences

7y 9m

NPP 5y 9m

 

Total:

8y

NPP 6y

 

Involved in arranged confrontation between two groups of male youths – fired up to ten cartridges from Ruger pistol at opposing group in car park – bullet struck truck driver across road killing him instantly – first to discharge firearm – 15% discount for offer to plead guilty

Married with two children – moderate prospects of rehabilitation

WA

(20) (16 at time of offence)

NSWSC [1317]

Button J

26.10.2012

 

Co-offender

ASLETT

ASLETT

Unlawful and dangerous

Juvenile

Shooting – general

Fight

PG (25%)

agg BES; BES; resist police, stalking, intimidation

8y

NPP 6y

 

Offender’s car allegedly set alight by V (neighbour) – Offender went with brother and cousin to confront V – brother and cousin armed with baseball bat and machete – A armed with loaded rifle – A shot number of bullets parallel to ground – one bullet hit V in back and penetrated heart – gross spontaneous overreaction.

Dysfunctional upbringing – remorse – rehabilitation prospects.

Pitt

(40)

NSWSC [1549]

Latham J

14.12.2012

Substantial Impairment

Fight

Stabbing - domestic

PG  20%

minor

8y

NPP 6y

 

V and offender shared offender’s housing commission house – prolonged physical argument where police called on numerous occasions and AVO taken out on behalf of offender – police declined to remove V from house – offender stabbed V in heart

Lengthy history of mental illness - alcohol, persecutory beliefs concerning the actions of the victim, and untreated schizophrenia

MHN (No.2)

(17 – 20 at sentence)

NSWSC 553

Kirby J

20.11.1998

 

Unlawful and dangerous

Stabbing – general

Fight

Juvenile

PG

 

FT 4y

 

(representing NPP – concurrent to murder sentence)

 

Unarmed Vietnamese youth followed from skating rink and attacked by group wielding weapons – picked up knife dropped by assailants and fatally stabbed one male attacker and wounded second male – not the aggressor – element of provocation and diminished responsibility

Volunteered previously unknown guilt to police – unhappy childhood – suffering depression – sentenced at similar time for murder (MHN NSWSC 29.10.1998)

Barnes

(30)

NSWSC [1627]

Price J

8.11.2013

 

Co-offenders:
TUIVAGA

(murder)

BROWN

LOCKETT
Assault - general

Fight

Joint criminal enterprise
PG (12.5%)Agg BES, AR. On parole 7yNPP 5y

Did not participate in actual assault - With others attended house regarding drugs – A drove vehicle and waited in front yard – saw others attack V – aware that gun has been brought - party to joint criminal enterprise to assault V - participated to extent of remaining present throughout the attack on V, ready and willing to assist others if need be - A did not foresee either death / GBH or it being achieved by use of a weapon.

[Two co-offenders charged with Murder].

Tuivaga

(29)

NSWSC [1626]

Price J

11.11.2013

 

Co-offenders:

BARNES

(murder)

BROWN

LOCKETT

Joint criminal enterprise

Fight

Assault - general

PG  (12.5%)

Reckless wounding – breached bail

6y 6m 23dNPP 4y 6m

 

Joint criminal enterprise to assault victim – Aware co-offender intended to assault male victim over money and text messages – became involved in physical fight – co-offender struck V on head with the gun (believing it was a pole) and gun discharged killing V – cowardly attack by group – unaware of gunFather to three young children – wife suffering cancer – onerous custodial conditions – suffering depression

Bugmy

(25)

NSWSC [1885]

Barr AJ

16.12.2013

Excessive self-defence

 

 

Stabbing

PG (bottom of range)

Violence, AOABH, assault & resist police. Previous custody.

7y

NPP 3y 6m

 

Attended gathering with family and friends – consumption of alcohol and marihuana – fight broke out between V (male aged 24) and A – A fell to ground and V continued punching – A managed to grab scissors lying nearby – to defend himself A stabbed V three times to throat, face and spine – V later died from injuries - V unreasonably refused medical treatment.Under influence of drugs and alcohol – remorse. Dysfunctional upbringing – alcohol and drug abuse – Aboriginal - poor prospects of rehabilitation - need for assistance and supervision warrants longer parole period.

Field
(39)

[2014] NSWSC 1797

Fullerton J

Assault – general

Unlawful and dangerous

Fight

VG

(murder trial)

nil

10y

NPP 7y 6m

 

Punched male victim once to jaw in hotel car park during fight – unprovoked attack – escalating tensions between two groups in hotel during evening – fatal punch caused neck to rotate releasing arterial blood into cranial cavity

Offence out of character – retired rugby league player – community involvement

Dyer
(29)

[2014] NSWSC 1809

RS Hulme J

Assault – general

Fight

PG (15%)

Breached bail for common assault – breached parole for assault offence – extensive record including assault

6y 6m

NPP 3y 9m

 

Both victim and offender homeless – altercation over victim leaving his trolley of possession on road – victim verbally aggressive and threatened offender – one punch to side of face causing victim to hit head on road – less serious than other one-punch manslaughters – element of provocation

Difficult and abusive childhood – aboriginal – remorse

Matthews
(40)

[2015] NSWSC 49

Davies J

Unlawful and dangerous

Fight

Assault - general

PG (25%)

Assault, AOABH, breach AVOs, property, minor drug offences.

On conditional liberty at time of offence.

7y 6m

NPP 5y

 

 

 

Male victim killed in fight – offender and victim known to one another – violence involving alcohol – victim with undiagnosed aneurysm – aneurysm bursts during fight.

Very disadvantaged upbringing – alcohol and drug abuse from young age – alcohol abuse -  prospects of rehabilitation – special circumstances – alcohol and psychiatric management

Lane (No 3)(52)

[2015] NSWSC 118

Campbell J

Unlawful and dangerous

Fight

Assault - general

VG

(murder trial - 15% for offer)

 

Sched:

2 x AOABH

Dishonesty, drugs.  On conditional liberty

8y 6m

NPP 6y 4m

 

Fight with male victim – both intoxicated – exchange of words - initial willingness by V to engage in an altercation with A – A escalated the aggression even after V sought to disengage from the fracas – A threw 2/3 punches -  Second punch delivered with intent to inflict some appreciable harm not really serious injury - force sufficient to knock V off his feet and hit head on ground -  V suffered brain injury.

Previously good character – offence of violence out of character -  suffering PSTD due to accident -  led to drug and alcohol abuse - remorse

Hawi
(28)

[2015] NSWSC 206

Hoeben CJ at CL

 

 

Co-offenders:
PIRINI
COSTA
LA ROSA
MENZIES
AOULI

Stabbing – general

Accessory

Fight

Unlawful and dangerous

PG (17.5%)

Nil significant

6y 2m

NPP 3y 6m

 

President of Comanchero motor cycle club – involved in affray at airport terminal where member of rival Hell's Angels club killed – member of rival club pursued and assaulted inside security gate by Comencheros - affray outside security area where manslaughter V fatally assaulted and stabbed – present but no physical acts during either incident - during common purpose to intimidate contemplated possibility that unlawful and dangerous act would be committed with appreciable risk of serious injury – aggravating factor that it took place in public airport

Good prospects of rehabilitation – good family support

Matia
(34)

[2015] NSWCCA 79

Assault – general

Unlawful and dangerous

Fight

VG

Nil

3y

NPP 18m

Crown AD

Security guard part of group that pursued group including victim away from hotel – victim armed himself with paint scraper – acted in defence of another

Goo character – offence out of character – security licence revoked – carer for mother – father to young child – genuine remorse

Telemete

(30)

[2015] NSWSC 909

Adams J

​Unlawful and dangerous

Assault – general

Fight

Accessory

​VG

(murder trial – 25% for offer)

​Trivial offence
​7y 6m

NPP 4y 6m

​Fight between group of Samoan born men and Victim and friends after midnight on street – all intoxicated – V assaulted and kicked by co-offender – offender inflicted some injuries – V died from positional asphyxiation – offender left scene unaware of seriousness of injuries

Genuine remorse – out of character – good prospects of rehabilitation