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.

 

Manslaughter - Joint Criminal Enterprise / Accessory 

​Case​Type​Plea​Record​Sentence​Appeal​Facts

French
(16y)
NSW SC
(Wood J)
2.10.1990

JPL
(16y 5m)
NSWCCA
5.10.1994


J
(16y 4m)
NSW CCA
5.12.1992



Young
NSW SC
B-Parker J
15.4.1991

 

PG


 



PG






PG




VG (murder trial)

priors and tragic upbringing

 


no priors






No priors




No priors

MT 4y 6m
AT 2y
(assistance)

 


MT 7y
AT 2y





MT 5y 6m
AT 2y 6m
(assistance)


MT 5y
AT 3y
(JJD to 21)

AA
MT 6y
AT 3y

8 young people involved in assault. Telephoned number from toilet wall to arrange meeting with homosexual V, then bashed him to death. Three offenders convicted of murder (Howard & Ors (1992) 29 NSWLR 242)

F – involved in assault

JPL – took part in assault but intended only to bash and rob

J – involved in attack

Y – did not physically participate in attack – intended less serious harm. Completed HSC and some employment. Emotionally immature. Remorseful. Low risk of reoffending.

Aslan
(18)
NSWSC
Ireland J
1.11.1994

 

 

 

 

 

 

 

 

 

 


El Kerdi
(17)
NSWSC
Ireland J
1.11.1994

El Badar
(17)
NSW CCA
3.4.1995

See also Barakat
NSWSC, Ireland J
20.12.1994

unlawful & dangerous

PG



 

 

 

 

 

 

 

 

 

 

 


PG




PG

Record for violence – on bail



Nil.

MT 2y
AT 3y
(assistance, cumulative sentence)

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. Joint decision to find gun and shoot somebody – identification of shooter not that relevant

Shooter. Under the influence of Rohypnol at time of offence. Early plea

Armed with machete

Edwards
NSWSC
Dowd J
9.8.1996

joint criminal enterprise of armed robbery

PG

serious although not extensive - no violence

MT 5y 4m
AT 2y 8m

 

Joint criminal enterprise to rob pizza shop - Employee fatally shot by co-offender - Driver of car remaining in car at all times - Aware of gun but did not check if loaded
Difficult childhood - Suffering Hep B - Remorse - Prospects of rehabilitation – Youth – ADD – remorseful

SAE
(15)
NSW CCA
3.4.1997

 

PG

long record - real and continuing risk to community

MT 1y 6m
AT 2y 3m

AA
MT 1y 3m
AT 2y 6m
(to allow for PSC)

Acted as look out during robbery. Security guard shot.

Newman
(20)
NSWSC
Barr J
3.9.1997

joint enterprise

PG
Mansl
AOABH

priors - on bail

MT 6y
AT 2y 10m
(concurrent sentence)

 

Unprovoked attack with co-offender on group of strangers leaving hotel. Armed with metal bar. Co-offender stabbed V who was attempting to protect friend from attack by offender.
Joint criminal enterprise to intimidate and inflict less than serious harm.

Lewis
(25)
NSWSC [131]
Sully J
1.3.1999

unlawful and dangerous

PG

s.33 – breached bail and parole

MT 6y
AT 3y

 

Member of Rebel Motorcycle Club. Helped bouncer remove V from hotel. Punched and kicked V. Left scene but other club members continued assault. V stabbed to death. Backdated 4y for time already served.
Seriously assaulted in gaol because wife giving evidence. Good prospects of rehabilitation.

Nguyen
NSWSC [592]
McInerney AJ
4.6.1999

NSW CCA [45]
16.2.2000

unlawful & dangerous

PG

nil

MT 3y
AT 1y
+ 2y PSC

AD

Group attack on V at dance hall following dispute. Hit V with baseball bat. Unprovoked assault. Part of common enterprise to assault and attack V - “in some senses responsible, together with other assaults, for a death”
Good character and family support.

TJP
(16)
NSW CCA [408]
1.12.1999

unlawful & dangerous

PG

assault, robbery;
on recog

MT 2y 11m
AT 3y
[PSC 1m]

AD

Aboriginal female bashed and robbed 67y male with two co offenders. Lesser role. Kicked V. Willingly joined in. Left man seriously injured.
Alcohol and cannabis user since 11 years old.

Puta
(38)

 



Nitovic
(30)


 

Curry
(24)


 


Mackic
(37)

 


Oldham
(31)


 


Nanai
(28)

NSWSC [225]
(Hidden J)
30.3.2001

joint criminal enterprise

VG
(murder trial)

serious drug offence - parole



brief record

 

 


minor

 


minor

 


assault and firearms offences


minor assault - on recog

11y
NPP 7y
FT 3m (cum)

 

 


10y
NPP 6y


10y
NPP 6y

 


10y
NPP 6y

 


10y
NPP 6y

 



8y 6m
NPP 5y

AD
P: NSWCCA [495]
10.12.2002

 


N:NSWCCA [495]
10.12.2002


C: NSWCCA [109]
2.4.2002

 


N: NSWCCA [495]
10.12.2002

2 men ambushed by 9 men - both men shot dead - unclear reason for assault or who fired shots - jury satisfied each man was a party to an assault and knew of the presence of guns, but were not satisfied they contemplated the guns would be used to kill or wound.

AP - also sentenced for contempt of court - Albanian - difficult childhood - remarkable behaviour as a prisoner - genuine remorse

ZN - Serbian - disturbed and violent upbringing - hard worker supporting four children - currently in stable and supportive marriage - well regarded by prisoner authorities - seriously injured in incident - suffering low grade depression - rehabilitation - onerous bail conditions.

RC - Samoan - good upbringing - defacto relationship with two children - remorse - good record as a prisoner - drive ZN to hospital probably saving his life and increasing risk of detection.

GM - Bosnian - father to 2 children - well regarded by prison authorities.

RO - stable and supportive childhood - well regarded by prison authorities.

SN - subsidiary role - impressive character evidence - in very stable marriage with one daughter.

All offenders dealt with as “high risk” prisoners while on remand.

Stelfox
(21)
NSWSC [630]
Howie J
23.7.2001

(2002) 122 A Crim R 288

Co-Offenders: SINGLETON & DENTON

joint criminal enterprise

PG

nil relevant

5y
NPP 2y 6m

AD

Male shot dead during attack by three men, including offender. Attack intended as pay back for insulting behaviour of V towards mother of one offender.
Volunteered to join enterprise. Aware of presence of shotgun. Participated in joint criminal enterprise to carry out unlawful and dangerous acts. Intended to inflict harm with weapons capable of inflicting serious injury
25% discount for guilty plea - 45% discount for assistance. Offence out of character. Mildly affected by drugs at time of offence. Depressed as a result of offence. Remorse.

Singleton
(19)



Denton
(20)

NSWSC [850]
Howie J
28.9.2001

Co-offender:
STELFOX

joint criminal enterprise

VG murder trial

nil

9y
NPP 5y 6m

 


10y
NPP 6y

 

Male shot dead during attack by four intended as pay back for alleged insulting behaviour of V towards mother of one offender. SD instigator of offence. Manipulated co-offenders for own purposes.
Joint criminal enterprise to threaten and use force if necessary. Firing of shotgun an unexpected incident.

Dang
(21)
NSW CCA [321]
31.10.2001

joint criminal enterprise

VG
(murder trial)

PG
Rob in company
Use weapon to avoid appreh

nil

Mansl:
7y 6m
Total:
10y
NPP 6y 6m

AD

Involved in robbery with co-offender. During escape separated from co-offender. Injured male pursuer with knife. Co-offender stabbed another male to death
Remorse. Good background with supportive family. Need for counselling for lack of insight and drug use

Masson
(23)
NSWSC [1037]
Howie J
8.11.2001

 

VG
(murder trial)
Rob with wounding
Larceny

Sched:
other offences

Nil - breached bail

7y 6m
NPP 4y 6m
(concurrent sentences for other offences)

 

Went with co-off (Symss) to house of 75y female acquaintance to borrow money - S unexpectedly suffocated V - Agreed to be involved in subsequent robbery out of fear - Sentenced on basis he contemplated unlawful and dangerous act by co-offender during robbery aware that co-offender had knife. Symss sentenced for murder at same time (22y, NPP 16½y)
Supportive family

Hoang
(15)
NSWSC [1160]
O’Keefe J
26.8.2002

NSWSC [205]
O’Keefe J
22.3.2004

unlawful & dangerous

VG
Mansl
Assault
Affray

not relevant

10y
NPP 6y
(other sentences concurrent)

Re-sentence:
8y 6m
NPP 5y

[2003] NSWCCA 237 – AA
remitted for re-sentence:

Gang attack on 2 V outside amusement centre. Mistakenly believed V belonged to gang responsible for assault on friend. One V stabbed in shoulder. Second V stabbed in heart by co-offender. Willing party to serious attack.
Difficult childhood resulting in early drug addiction
Successful sentence appeal found failure to comply with statutory provisions on Pre-sentence report. Matter remitted for sentence
On re-sentence found genuine remorse

Leyman
(30)
NSWSC [1226]
Hidden J
19.12.2002

Accessory

PG

Sched:
Possess unlicensed firearm

old and brief record

5y 6m
NPP 3y

 

Co-offender became involved in argument with homeless men outside house. Returned to argument with offender and knife. V stabbed when impaled self on knife. History of tension between residents and homeless men
Accompanied co-offender knowing he was armed with knife contemplating it might be used to cause injury.
Alcohol abuse. Good character evidence. Remorse

Diab
(17)
NSWSC [978]
Shaw J
31.10.2003

[2005] NSWCCA 64

 

PG

Sched:
Affray
2 x Firearms offences

Nil

9y
NPP 6y

AD

With juvenile co-offender (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.

Avakian
(21)
NSWSC [1042]
Whealy J
21.11.2003

Co-Accused: O’CONNOR

Unlawful and dangerous

PG

Breached bond and PD

5y 6m
NPP 3y 6m

 

Part of group of males who approached another group in street late at night. Threatened V and pretended mobile phone was gun. V assaulted by all members of group. Ultimately died from stab wound. Unclear who did stabbing. Stabbing not taken into account. Instigator of incident.
Joint criminal enterprise - shared intent to assault with appreciable risk of serious injury
Difficult childhood. Early drug addiction. Reasonable prospects of rehabilitation

O’Connor (25)
NSWSC [1041]
Whealy J
21.11.2003

Co-Accused: AVAKIAN

Unlawful and dangerous

PG

Record

5y 2m
NPP 3y 2m

 

Part of group of males who approached another group in street late at night. V threatened by co-offender pretending mobile phone was gun. V assaulted by all members of group. Ultimately died from stab wound. Unclear who did stabbing. Stabbing not taken into account
Joint criminal enterprise - shared intent to assault with appreciable risk of serious injury
Difficult childhood. Remorse. Reasonable prospects of rehabilitation

Vongsouvanh
(28)


 


Namalauulu
(24)

NSWSC [1203]
Whealy J
17.12.2003

NSW CCA [158]
19.5.2004

Unlawful and dangerous

PG

Drug related offences


Lesser record

6y 9m
NPP 4y


 


6y 9m
NPP 4y

Crown AD


 


Crown AD

2 females became involved with another in struggle with V, a fellow male drug user – not aware co-offender had knife prior to struggle – Continued involvement after production of knife – V stabbed 4 times in stomach – Prevented V defending self or escaping then ran away and left him
KV – Born in Laos – Mother of young child – Some evidence of rehabilitation from drug addiction
FN – Born in Samoa – Mother of young child – Some evidence of rehabilitation from drug addiction

VDN
(17)
NSWSC [426]
Whealy J
21.5.2004

Unlawful and dangerous (accessory)

PG
Mans
Att AR

Drug offences

Manslaughter
6y 9m
NPP 3y

 

Involved in attempted robbery on Asian couple leaving store with daily takings – Assaulted and detained female with knife – Male assaulted by two co-offenders and fatally stabbed in chest – 2 shots fired into rear tyre by co-offender – Aware knife would be presented during robbery
Evidence of rehabilitation from drug abuse – Genuine remorse

Forbes
(29)
NSWSC [421]
Hulme J
7.5.2004

NSW CCA [377]
4.11.2005

Unlawful and dangerous (joint criminal enterprise)

Excessive self defence

PG
Mansl

VG
(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 victim violent – Shot victim in caravan in subsequent struggle – Second shot fired while victim on or near floor – Intent to kill
Low prospects of rehabilitation

Hampton
(18)
NSWSC [1215]
Bell J
17.12.2004

 

PG
Mansl
Agg enter dwelling with intent to assault

Record including assault

Mansl:
6y 4m
NPP 3y 4m
Total:
7y 4m
NPP 4y 4m

 

3 men forced entry into home of drug male V – V found with large skull fracture – subsequently group forced entry into home of second male and assaulted occupant
Aboriginal with difficult childhood – Intoxicated

JD
NSWSC [128]
Levine J
25.2.2005

NSW CCA [31]
21.2.2006

Unlawful and dangerous

VG
(murder trial)
AR

Nil

5y 3m
NPP 3y
(concurrent sentence for robbery)

Crown AD

With brother planned armed robbery of family attempting to sell diamond engagement ring – during struggle adult son fatally stabbed and father stabbed in chest by co-offender
Excellent prospects of rehabilitation – low intelligence – poor health – offered to PG to manslaughter

Bugmy
(20)

 


NMB
(15)

NSWSC [561]
10.6.2005
Grove J

Unlawful and dangerous

PG


 


PG

Sched:
Larceny

Minimal; breach of GBB

 


Some; breach of conditional liberty

7y 6m
NPP 5y

 


6y
NPP 4y

 

After many hours of drinking, offenders observed kicking V to death – Offence possibly in response to D swearing at offender’s aunt
Bugmy – Aboriginal – stable relationship with young child – alcoholic/DV background – recent death of father – helped care for handicapped sister – average intelligence – good prospects for rehabilitation
MNB – Aboriginal – some rehabilitation and remorse – drug/alcohol bender in days before offence – petrol sniffing leading to daily alcohol/marijuana use – dysfunctional alcoholic/DV background – only learned to read in custody

Clifford
(19)
NSWSC 521
31.5.2005
Adams J

NSW CCA [360]
27.10.2005

 

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

Nguyen
(23)
NSWSC [600]
Johnson J
23.6.2005

 

PG

Criminal record for traffic offences only

6y
NPP 4y

 

With co-offender stopped male V in street – V shot dead by co-offender and second male shot in arm – intended minor assault – not aware of gun – part of longstanding feud
Vietnamese

WKD
(19)





MJN
(15)

NSWSC [694]
Mathews AJ
29.6.2005

Excessive self defence





Pre-existing criminal enterprise

VG at murder trial
PG
Steal from dwelling

Included assault





Nil relevant

Manslaughter
12y
NPP 8y
Total:
13y 6m
NPP 9y

Manslaughter
6y
NPP 3y
Total:
7y
NPP 3y 6m

 

Male and young cousin assaulted male acquaintance in home with iron bar and beer bottle – stole property – Attended home with intent to assault – retaliation for earlier confrontation
WD - primary offender – inflicted majority of injuries – Excessive self defence - aboriginal – 2 children from long term relationship
NM – under influence of older cousin – pre-existing criminal enterprise to assault – Aboriginal – remorse

Clay
(19)

 

 


Lonsdale
(24)

NSWSC [1220]
Buddin J
17.11.2006

Unlawful and dangerous –joint criminal enterprise

PG

 

 


PG

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

Tekley




Nagle

NSW CCA [75]
23.3.2007

Unlawful and dangerous

Joint criminal enterprise

VG
Mans
Unlawful impr


VG
Mans
Unlawful impr

 

6y
NPP 3y 9m
(FT 6m concurrent)


5y
NPP 2y 9m
(FT 6m concurr)

Conviction AD
Sentence AD


Conviction AD

Flatmate became increasingly violent and threatening – Handcuffed to chair – fatally assaulted by T
Delay

LAL
(14)


PN
(14)

NSWSC [445]
McClellan CJ at CL
4.5.2007

Unlawful and dangerous

PG

Sched:
LMV
Steal mobile phone

Nil


Nil

6y
NPP 3y 6m


6y
NPP 3y 6m

 

Assaulted taxi driver using moderate force – Victim suffering heart disease and died from heart attack – opportunistic offence – under influence of alcohol and marijuana
Genuine remorse – Islander parentage – violent households – need for continued supervisions – evidence of progress in rehabilitation – immature and intellectual deficits – early exposure to alcohol abuse - PN suffering psychiatric problems

Taufahema
(25)
NSWSC [959]
Grove J
31.8.2007

Unlawful and dangerous

PG

Priors including violence – breached parole

11y
NPP 7y

 

Driver of car with four occupants and unlicenced firearms – car stopped by highway patrol police officer – officer shot dead by co-offender – contemplated possibility that someone would discharge firearm without intent to kill or cause GBH
Father to young daughter – prospects of rehabilitation – onerous condition of custody for some period of incarceration – genuine remorse – history of trial and appeals raising element of double jeopardy

Taiseni
(30)




 


Motuapuaka
(26)





Leota
(29)




 


Tuifua
(33)

NSWSC [1090]
Latham J
21.9.2007

Joint criminal enterprise

Unlawful and dangerous

PG
Manslaughter
Maliciously inflict GBH

 

 

 


(Taiseni and Leota:
Sched:
Supply heroin)

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

Charman
(20)
NSWSC [1177]
Hulme J
12.10.2007

Unlawful and dangerous

Joint criminal enterprise

PG

Minor – breached bond

6y
NPP 4y

 

Willingly participated in break and enter – driver of car waiting outside house – intellectually disabled occupant fatally assaulted by co-offenders using torch
Voluntarily surrendered to police – assistance – good work record – remorse
Error by sentencing judge as to starting date meant offender gained benefit of three months on bail – sentencing judge declined to correct error

Siose
(18)
NSWSC [1202]
Hidden J
2.11.2007

Co-offender:
SSA (murder)

Joint criminal enterprise

PG

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

Kaiser
(34)


 



Hunt
(19)

NSWSC [1362]
Barr J
29.11.2007

Joint criminal enterprise




Unlawful and dangerous

PG

Sched:
Supply amphet

 

PG

Breached conditional liberty – record for ADVO offences

Priors – breached conditional liberty

10y 11m
NPP 8y 2m


 



9y
NPP 6y 9m

 

K angry with former lover over ending of relationship and drug debt – arranged for H to ‘deal with’ her – H fired three shots at house killing complainant – carefully planned offence
K – instigator and planner – drug addictions – bipolar disorder in remission
H – chose to use gun

Frazer
(52)


 

Spencer
(37)

NSWSC [1449]
Howie J
11.12.2007

Joint criminal enterprise

VG

 


VG

Old record

 


Extensive record

11y
NPP 7y 6m


 

13y
NPP 9y 6m

 

S organised armed robbery of male flatmate in early hours of morning – F and co-offender participated in robbery - during robbery co-offender shot victim in head – both S and F aware co-offender armed with loaded firearm but did not foresee would be used with required intent

J. Taufahema
NSWSC [1460]
Grove J
13.12.2007

Joint criminal enterprise

PG

 

11y
NPP 7y

 

One of four occupants in stolen car – co-offender shot police officer – participation in offence of unauthorised possession of firearms contemplating possible discharge of firearm without required intent
Sentenced for related offences of unauthorised use of weapon to prevent lawful apprehension, attempted car jacking and use firearm without authority

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 / joint criminal enterprise

VG
Mansl
Mal wound

Sched:
4 off


VG
Mansl
Mal wound
Assault



PG
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

 

All offenders part of Romany gypsy family – Victims 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 victim 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 complainant fatally stabbed and second male complainant 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

Sentenced on the basis of excessive self defence / provocation / joint criminal enterprise

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)

Ibrahim
(27)
NSWSC [268]
Price J
21.4.2008

Unlawful and dangerous act / joint criminal enterprise

PG

Priors – breached bail

9y 4m
NPP 6y 6m

 

Victim and brother lured to car park to discuss dispute – four men assaulted V – V stabbed in leg by co-offender causing death – aware of presence of knife – agreement to assault causing less than GBH – pre-planned offence
Difficult childhood

KR
(25)


 


PR
(21)

NSWSC [970]
Price J
19.9.2008

Co-offender
IBRAHIM

Unlawful and dangerous act / joint criminal enterprise

PG



 


PG
Sched: assault

AOABH and intimidate police – not agg factor

 


Intimidate police – not significant

5y 2m
NPP 3y 7m


 


5y 2m
NPP 3y 7m

 

Victim and brother lured to car park to discuss dispute – four men assaulted V – V stabbed in leg by co-offender causing death – aware of presence of knife – agreement to assault causing less than GBH – pre-planned offence – PK punched victim’s brother
Difficult childhood – remorse – good prospects of rehabilitation – unlikely to reoffend – valuable assistance in unrelated matter – protective custody and witness protection

Horan
(20)
NSWSC [990]
Studdert AJ
18.9.2008

Unlawful and dangerous – joint criminal enterprise

VG at murder trial

Sched:
3 x firearms

Nil

6y
NPP 4y

 

Party to agreement to rob V at home to obtain money and documents – Visited residence earlier posing as security guard – Accompanied co-offender to house at night and stood watch – V fatally assaulted by co-offender with torch – motivated by financial gain
Remorse – Favourable prospects of rehabilitation – pleaded guilty to manslaughter – evidence against co-offender – onerous custodial condition

Kari
(19)




 

 


H
(16)

NSWSC [993]
Hidden J
23.9.2008

Unlawful and dangerous

Joint criminal enterprise

PG
Mansl

Sched:
Home invasion

 

 


PG
Mansl


Sched:
Rob in co

Dishonesty and drug offences – breached bail and bond

 


Alarming record for violence – breached probation

7y
NPP 4y 6m



 

 



6y
NPP 3y 6m

 

Part of group of man attending V’s house intending to shut down drug operation – K handed gun by H at last minute – during subsequent struggle K fired shot voluntarily but without intent – V fatally hit in chest – reluctant participants

K – remorse – family support – good prospects of rehabilitation

H – prospects of rehabilitation

Jackson
NSWSC [168]
Howie J
27.3.2009

Unlawful and dangerous

Joint criminal enterprise

PG

Lengthy record – breached parole

8y
NPP 5y 6m

 

Involved in armed robbery of restaurant with co-offender – co-offender entered restaurant armed with club lock fro stolen car – stabbed employee during struggle – offender waited outside in car then entered to take cash register – foresaw use of weapon to inflict injury only
Aboriginal with deprived upbringing – drug addiction – protection – genuine remorse
Co offender sentenced for murder – Webb [2008] NSWSC 1351

Jeffrey




 



Mealey
(34)

NSWSC [202]
Fullerton J
27.3.2009

Unlawful and dangerous





Unlawful and dangerous
Aider and abettor

PG
Manslaughter
Rob in Co



 


PG
Manslaughter
Rob in Co

Record including assault in similar circum – breached bond

dishonesty

6y
NPP 3y 6m
(2y 6m concur)




4y
NPP 2y 2m
(18m concur)

 

M knocked on door of unit of neighbour to J – J forced open door knocking 87y male occupant to ground – V robbed of money and left injured in unit behind locked door – no attempt to obtain assistance - hospitalised for fractured hip and died of complications ten days later – J dominant offender – intent to rob for money to buy drugs – M sentenced as aider and abettor and failure to provide assistance to victim – V vulnerable and deliberately chosen by J
J – female - aged in 40s – difficult marriage resulting in drug addiction – some prospects of rehabilitation in view of family support
M – female - aboriginal with difficult childhood including sexual abuse – abusive relationship with boyfriend – drug addiction – low intelligence – homeless – influenced by co-offender – recent attempt at rehabilitation makes positive prospects of rehabilitation - remorse

Boxx
(19)
NSWSC [298]
Studdert AJ
21.4.2009

Co-offenders:
HORAN
CHARMAN

Unlawful and dangerous

VG
At murder trial

Nil priors – subsequent drug offence

10y
NPP 7y 6m

 

Party to agreement to rob V at home to obtain money and documents –Accompanied Horan into house armed with torch - V fatally assaulted with torch – unclear who inflicted blows – joined plan late – V mild degree of mental handicap
Fair prospects of rehabilitation

TT
(20)


 


RT
(17)


 


ET
(25)

NSWSC [437]
Latham J
20.5.2009

Excessive self defence


Joint criminal enterprise

PG

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 victim – 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

PG

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 Victim – 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

CW
(16)
NSWSC [1155]
Hall J
30.10.2009

Co-Offenders:
DGP
PB

Joint criminal enterprise

Unlawful and dangerous

VG
(at murder trial)

Nil

9y
NPP 6y

 

Joint criminal enterprise – group of three young males kicked and assaulted male on oval – offender kicked victim on ground – spontaneous attack with no pre-planning – unprovoked attack
Prior good character

DGP
(16)


 


PB
(16)

NSWSC [1154]
Hall J’
30.10.2009

Co-offender:
CW

Joint criminal enterprise

 


Unlawful and dangerous

PG

 

 


PG

Nil

 

 


Limited history

8y
NPP 5y

 


 

5y
NPP 3y

 

Joint criminal enterprise – three young males kicked and assaulted intoxicated male walking across oval – mistakenly believed victim had called out abuse – spontaneous attack with no pre-planning – kicked to head by co-offender – PB initiated verbal attack but no actual physical attack and therefore lesser culpability – seriousness of offence towards high end of range
DGP – prior good character – intoxicated – low intelligence – remorse – good prospects of rehabilitation – aboriginal descent
PB – remorse – rehabilitation – good prospects of rehabilitation

AA
(17)


 


AC
(17)


SS
(17)

NSWSC [495]
Kirby J
28.5.2010

Joint criminal enterprise

VG
Murder trial

Nil



 


Nil




Nil

6y 3m
NPP 3y 7m
(10% discount)


5y 3m
NPP 3y
(25% discount)


5y 11m
NPP 3y 4m
(15% discount)

 

Victim fatally assaulted by group of youths – Retaliation for victim’s abuse of ex-partner known to AC and SS – after discussion at fast food restaurant weapons collected at nearby house and victim assaulted while walking along road – opportunistic offence of short duration – metal pole, wooden axe handle and golf club used - equal culpability
AA – physically involved in attack – struck V with weapon – limited involvement – tried to pull attackers away when realised attack gone to far – born in Kuwait – good rehabilitation in custody – profound remorse
SS - probably struck V with wooden handle on legs twice – also tried to pull attackers away – outstanding rehabilitation - remorse
AC – drove assailants to and from attack – major turnaround in custody with good rehabilitation - remorse
Co-offenders Tatchell and Wildsmith convicted of murder
Each received discount for offer to plead guilty to manslaughter

Scott
(26 at offences – 37 at sentence)
NSWSC [1026]
10.9.2010

Accessory before the fact

PG
Mansl
Armed Ass w/I rob

nil

Manslaughter
11y
NPP 8y

Total:
12y
NPP 9y

 

Pleaded as accessory before the fact to each offence – arranged for co-offenders to cause ex-business partner physical harm and steal money – angered by soured business relationship – provided photo of victim and gun but no ammunition – victim shot dead in struggle – paid co-offender $50,000 after being threatened – reasonable person would have anticipated risk of serious injury – no intent to have victim shot

Co-offender Grupe sentenced for murder

Colley (No 4)
18)

[2010] NSWSC 1475

Rothman J

VGnil4y 6m
NPP 16m
2 brothers told male V had assaulted sister – also suggestion sister had been raped – directed brother to V's home and waited outside during assault – offender entered house and pulled brother off attack – left house neither realising assault had killed V

Remorse and attempted suicide – suffering depression - prior good character – restrictive bail conditions

Pirini
(21)

[2011] NSWSC 1395

RA Hulme J

 

 

 

Co-offenders:
LA ROSA
AOULI
COSTA
MENZIES
HAWI

Joint Criminal Enterprise

Stabbing / Assault – general

Fight

Unlawful and dangerous

PG

Affray

Manslaughter

Driving offencesAffray
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

La Rosa
(37)

[2011] NSWSC 1394

RA Hulme J

 

 

 

Co-offenders:
PIRINI
AOULI
COSTA
MENZIES
HAWI

Joint Criminal Enterprise

Stabbing / Assault – general

Fight

Unlawful and dangerous

PG

Affray

Manslaughter

Driving offences – on bail for driving offenceAffray
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)

[2011] NSWSC 650

Harrison J

 

 

Co-offender:
WA
ASLETT

Joint criminal enterprise

Fight

Shooting – general

VG at murder trial

(25% discount for offer)

Extensive7y
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)

[2011] NSWSC 1393

RA Hulme J

 

[2012] NSWCCA 104

 

 

 

Co-offenders:
PIRINI
COSTA
LA ROSA
MENZIES
HAWI

Joint Criminal Enterprise

Stabbing / Assault – general

Fight

Unlawful and dangerous

PG

Affray

Manslaughter

Priors including assault – breached bailAffray
FT 2y 5m

 

Manslaughter
5y 8m
NPP 3y

 

Total:
6y 2m
NPP 3y 6m

ADMember 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)

[2011] NSWSC 1392

RA Hulme J

 

 

 

 

 

Co-offenders:
PIRINI
AOULI
LA ROSA
MENZIES
HAWI

Joint Criminal Enterprise

Stabbing / Assault – general

Fight

Unlawful and dangerous

PG

Affray

Manslaughter

NilAffray
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)

[2011] NSWSC 1534

Johnson J

 

Co-offender:
AH
SMITH

Joint Criminal Enterprise

Fight

Stabbing - general

PGShort record4y
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)

[2011] NSWSC 1535

Johnson J

 

[2013] NSWCCA 32

 

Co-offender:
BARGHACHOUN
SMITH

Joint Criminal Enterprise

Fight

Stabbing – general

Juvenile

PGRecord – breached bond4y
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)

[2011] NSWSC 1547

Harrison J

 

 

 

Co-offender:
SHEDDEN [2012]

Joint Criminal Enterprise

Fight

Shooting - general

PGnil3y
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.

Menzies
(26)

[2012] NSWSC 158

RA Hulme J

 

 

 

 

Co-offenders:
PIRINI
AOULI
LA ROSA
COSTA
HAWI

Joint Criminal Enterprise

Stabbing / Assault – general

Fight

Unlawful and dangerous

VG
Affray

 

PG
Manslaughter

Two incidents of violence in public placeAffray:
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

HT
(17 / 34)

[2012] NSWSC 656

Hidden J

Accessorial

Juvenile

Stabbing - general

VG

At murder trial

 

Rob in Co

Little of significance6y 6m
NPP 2y3m
1995 – robbed 16y school boy walking home from sports training – co-offender armed with knife – V stabbed by co-offender during struggle – aware of knife and contemplate use to scare V – offered to plead guilty to manslaughter

Evidence of rehabilitation – assistance against father of co-offender for accessory after the fact to murder

Humphries
(25)

[2012] NSWSC 419

RA Hulme J

Unlawful and dangerous act

Assault – general

Accessory

PGNil6y
NPP 3y 9m
With W and others, assaulted V during a planned "drug deal rip-off" – Not the principal offender, however, was armed with bat and assisted in assault of V and bringing V to ground – assisted with disposal of body – had the role of "back-up" - blindly followed W's lead who was manipulative – at time of assault, offenders did not know that they had killed V - W convicted of murder.

Prior good character – employed – suffered injuries through employment – support of family, friends – remorse – rehabilitation prospects.

Special circumstances – first period of imprisonment.

Aslett
(22)

[2012] NSWSC 711

Harrison J

 

 

Co-offender:
WA
ASLETT

Joint criminal enterprise

Fight

Shooting - general

VG at murder trial

(25% discount for offer)

Assault6y 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)

[2012] NSWSC 759

Fullerton J

 

 

[2013] NSWCCA 225

 

Co-offender:
FORBES [2011]

Unlawful and dangerous

Shooting – general

Fight

Accessory

PGviolence9y
NPP 6y 9m
ADMale 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

O'Brien
(19)

 

 

 

 

McManus
(19)

 

 

 

 

Williams
(23)

 

 

[2012] NSWSC 1503

Price J

Unlawful and dangerous act

Shooting - general

 


Accessory

Each:

PG

 

 

 

 

s97(1) Attempt rob in company

Malicious wound, rob in co

 

 

 

Rob in co, Driving with drugs

 

 

 

 

Assaults, AOABH, on bond

8y
NPP 5y 6m

 

 

 

 

7y 8m
NPP 5y 4m

 

 

 

 

8y 1m
NPP 5y 9m

 

(concurrent sentences for robbery offence)

V was part of a group who had arranged to supply ecstasy to the offenders – offenders planned to rob suppliers and on-sell drugs for significant financial gain - V died from a gunshot wound to head during the robbery attempt – gun fired from vehicle driven by offenders - each offender sentenced on basis he did not fire the gun and did not know of the weapon.

O'Brien – substance abuse – schizophrenia

McManus – substance abuse – good rehabilitation prospects

Williams – tragic early life following death of mother – early use of drugs and alcohol – prospects of employment – family support - special circumstances

Brown
(23)

[2013] NSWSC 715

Grove AJ

Excessive self defence

Unlawful and dangerous

Stabbing general

Accessory

VGReckless GBH5y
NPP 3y
With 3 other co-accused who were each convicted of murder -   confrontation over V's belief that A's were responsible for damaging prized motor vehicles – V arrived armed with gun and discharged shots – all A's chased V and assaulted V -  S inflicted stab wound.

V's actions with gun constitute a finding of provocation as a mitigating factor.

Aboriginal – deprived upbringing – mild intellectual disability.

McCulloch
(23)

 

 

 

Biffin, B

 

 

 

 

 

 

Biffin, A
(31)

 

[2013] NSWSC 894

Rothman J

 

Co-offender:
SMITH
[2012] NSWSC 1565
(murder)

Unlawful and dangerous

Accessory

Assault - general

Each:

PG

Violence, dishonesty, BES, driving

 

 

Stealing; illegal use motor vehicles; BES; malicious damage ; drugs; driving.

 

Drug offences.

6y 8m
NPP 3y 4m

 

 


7y 1m
NPP 3y 7m

 

 

 

 

 

 

5y 10m
NPP 2y 11m

Joint criminal enterprise – with fourth co-offender S – plan to rob V of drugs and money - V known as drug dealer – V assaulted at premises and died – Crown case that one or more of the offenders took part in the assault on V but not able to nominate which offender/s may have been involved (or may not have been involved).

McCullogh - difficult upbringing – drug and alcohol abuse from young age – little formal schooling -  rehabilitation – remorse – special circumstances

Biffin, B - difficult upbringing – drug and alcohol abuse from young age – children - rehabilitation – special circumstances

Biffin, A – difficult upbringing – drug and alcohol abuse –children – little formal schooling – employed from time to time – rehabilitation – remorse – family support – special circumstances

Barnes
(30)

[2013] NSWSC 1627

Price J

 

[2014] NSWCCA 224 

 

Co-offender:
TUIVAGA

(murder)

BROWN
LOCKETT

Assault - general

Fight

Joint criminal enterprise

PGAgg BES, AR. On parole.7y
NPP 5y
ADDid 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)

[2013] NSWSC 1626

Price J

 

Co-offenders:
BARNES(murder)
BROWN
LOCKETT

Joint criminal enterprise

Fight

Assault - general

PG

(12.5%)

Reckless wounding – breached bail6y 6m 23d
NPP 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 gun

Father to three young children – wife suffering cancer – onerous custodial conditions – suffering depression

Page
(24)

[2013] NSWSC 1711

Latham J

J​oint criminal enterprise

 

Assault - general

VG

s.98

Mansl

Breached bail for similar offences – offences for violence9y
NPP 6y

(robbery sentence concurrent)

With co-offender attempted to rob elderly man on train – co-offender struck victim on head with pane of glass causing death

25% discount for offer to plead

TT
(43)

[2014] NSWCCA 206

​VG​Nil4y
NPP 3y
​ADA's mother killed V, young girl who was family friend and living with them, by throwing hammer at V's head - acts of A involved both the disposal of body and perpetrating a number of lies to distract both the V's family and the police from discovering the death of V -  lies and deceptions were sustained and perpetrated over a period in excess of 2 years.  Difficult upbringing – depression.
Dennis
(26)

 

 

Elwood
(21)

 

[2014] NSWSC 1615

Hulme J

Joint criminal enterprise

Stabbing - general

VG at murder trial

Mans

 

Mans

Assault with intent to rob

Violent offences – breached bond

 

nil

5y
NPP 3y

 

 

4y 6m
NPP 2y 6m

 

Total:
5y
NPP 3y

Four males attended home of victim with intent to rob – victim sold small amounts of cannabis on regular occasions – victim surrounded by all four men in front yard - stabbed four times by co-offender McKellar

Co-offenders: E & B McKellar [2014] NSWSC 1243 -murder Elwood party to robbery – aware of presence of weapon – subordinate to McKellars – Aboriginal – prospects of rehabilitation - remorse

Dennis party to assault – not aware of weapon – Aboriginal – father to seven children – evidence of rehabilitation - remorse

F Barbieri
(45)

[2014] NSWSC 1808

Hulme J

Accessory

 

Substantial impairment

 

Stabbing - general

PG
(10%)

Mansl

 

Use off weapon to prevent apprehend

 

Sched:

2 offences

​nil9y
NPP 6y 6m

 

Total:
10y
NPP 7y 6m

Female lived with 19y son on rural property - Relationship with neighbour became antagonistic – son fired crossbow at workers on neighbour's property – siege developed with police – attacked police with knife and sledgehammer – police officer fatally stabbed by son – mother aware of possibility of infliction of GBH – mother was dominant offender

Son pleaded guilty to murder

Mother suffered serious mental illness causing paranoia and social isolation

AN
(15)

[2014] NSWSC 1879
Hall J

 

AN (No.2)

[2015] NSWSC 308
Hall J

 

Co-offenders:
JP
JH

Accessory

Juvenile

Unlawful and dangerous

Assault - general

PG

(15%)

Nil prior – subsequent break and enter offences5y 11m

NPP 3y

 

Order made under s.19 to remain in juvenile detention until 21 years

Present in group of 6 during attack on victim outside a party – victim struck to head with wine bottle and died of head injuries – intentional and unprovoked attack – attack was retaliation for victim speaking to police after being robbed months earlier – AN did not strike victim and not initiator of attack – bottom of hierarchy of co-offenders

Good prospects of rehabilitation

JH
(15)

[2014] NSWSC 1878

Hall J

 

 

 

Co-offenders:
JP
AN

Accessory

Juvenile

Unlawful and dangerous
Assault - general

VG
(murder trial)
​nil10y
NPP 7y
Present in group of 6 during attack on victim outside a party – victim struck to head with wine bottle and died of head injuries – intentional and unprovoked attack – attack was retaliation for victim speaking to police after being robbed months earlier – part of group decision to attack victim
Hawi
(28)

[2015] NSWSC 206

Hoeben CJ at CL

 

Co-offenders:
PIRINI
COSTA
LA ROSA
MENZIES
AOULI

Stabbing / Assault – general
Accessory
Fight
Unlawful and dangerous
PG

(17.5%)

Nil significant6y 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

Telemete

(30)

[2015] NSWSC 909

Adams J

​Unlawful and dangerous

Assault – general

Fight

Accessory

​VG

At murder trial – 25% discount 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

RC

(46)

[2016] NSWSC 98

RA Hulme J

​Unlawful and dangerous

Assault - general

Robbery

Accessory

​PG

(10%)

Mansl

 

Rob in Company

Extensive record although minor violence – breached parole​5y

NPP 3y 7m

 

40%

​Joint plan between four offenders - Victim lured by offender to park for robbery - beaten to death by co-offender D – well acquaintance with D's propensity to violence – lesser role than co-offenders – element of duress (fear of D) – assaulted in prison and in dock by D

Itinerant and anti-social lifestyle – drug use – limited cognitive resources reducing moral culpability and deterrence - remorse

30% for assistance

Co-offender pleaded to rob in company