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.

 

s.86 Crimes Act 

 

Kidnapping: s.86(1) Crimes Act
Commenced 14.12.2001 [NB: Section 86 originally numbered s.85A]

Basic offence:
s.86 (1)(a) with intent hold person for ransom
s.86(1)(b) with intent of obtaining advantage
Maximum penalty - 14 years

Case Offence Plea Sentence Appeal Record Facts

Lee
(31)


NSW CCA [391]
18.12.2003

s.86(1)(b)

Sch:
s.33B
s.114(1)(d)
3 x Assault

PG

6y 6m
NPP 3y 6m

AA
5y
NPP 2y 6m

Prior convictions - no custody

Entered school to steal money when teacher and students returned to classroom - Hid in storeroom before emerging and locking teacher and students in room - Pretended to have bomb - 3 children assaulted - Threatened with knife - Offence committed over 20 minutes
Bizarre behaviour - Insufficient weight given to mental illness

Pearson
(25)


NSW CCA [129]
7.5.2004

NSW CCA [151]
13.5.2004

3 x s.85A(1) (basic offence - max penalty 14 years)

Sched:
12 x s.85A(1)
Possess knife at school

PG

8y 6m
NPP 5y 6m

AA
5y
NPP 3y

Minor - breached bond

Entered classroom and detained teacher and children for one hour - Can of petrol placed in middle of floor - Children badly affected
Upset over lack of access to daughter over Christmas - Major depressive illness - Possibly PTSD - Suicidal - Fresh evidence as to mental condition - Stopped medication in medical advice

DRR
(23)


NSW CCA [126]
7.5.2004

s.86(1)(b)

PG

4y 6m
NPP 2y 3m

AD

Dishonesty, drugs, driving

Female victim provided appellant with lift in return for assistance with loading car - appellant's behaviour became increasingly bizarre and threatening - appellant took over driving - made threats to kill and rape - stopped car and forced victim to accompany him along street before being apprehended by police.
Drug induced psychosis - remorse - dysfunctional family - sexually abused

Falls
(33)


NSW CCA [335]
1.10.2004

s.86(1)(b)

PG

8y
NPP 6y

AA
6y
NPP 4y 6m

Prior record includes Aggravated sexual assault on 12 y old female victim returning home from school whom applicant followed and threatened with a heavy chain. Subject offence committed in breach of parole.

Followed 12y girl on way home from school - tried to force her into a block of flats but she ran away - offender denied any sexual intent and said he only wanted to have a conversation with V
Had attended sex offender treatment in custody and on release - daily cannabis user - remorse

Chaplin


NSW CCA [40]
1.3.2006

s.86(1) (attempt)


s.61L

PG

6y
NPP 4y

2y
NPP 18m

Total:
7y
NPP 5y

AD

Breached parole for sexual offence

Followed 12y girl from school - placed cloth over month but desisted when she screamed - Admitted to police he intended to touch her on the breasts - Followed 19y female on walking track touching her on stomach, head and vaginal area and kissed her on cheek - left when she screamed
Intellectual impairment

RNM


NSW CCA [375]
27.11.2006

s.59


s.86(1)

PG


VG at trial for s.86(2)

1y 4m
NPP 12m

5y
NPP 3y 9m
(concurrent)

AD

Prior offences

Believed 16y male victim stole money from offender - approached at bus stop and insisted he rob female taking money to bank - V failed to carry out robbery - V detained in car, driven to various places and verbally and physically abused in car - offences committed in company
'Those sentences are, in my opinion, markedly lenient sentences'.

Heine

 

NSW CCA [61]

16.4.2008

s.86(1)(b)

PG

4y NPP 2y

AD

 

Tied wife to bed with curtain tie – suspected wife was having an affair – threatened her with knife saying he would kill her. Mental disorder – depressive illness – alcohol dependence

Bott
(42)

 

NSW CCA [191]
31.8.2012

s.86(1)(b)

 

Sched:

Intimidation

PG

2y 6m
NPP 1y

AD

AOABH, conspiracy import proh import, stalk/intimidate,

Standover merchant – acting for principals who were trying to get money back via V for a failed business venture – A present at meeting to persuade V, by intimidation, to co-operate - A acted as an enforcer, who was prepared to intimidate, use violence and kidnap to bring his principles' wishes - detained V for short time – V’s arm twisted and V in fear - V’s car alarm activated which stopped short the offence. Supportive family – strong work history.

Belghar

(37)

 

[2013] NSWCCA 245

s.86(1)(b)

Assault

PG

(10%)

4y 6m

NPP 2y 6m
(3m concurrent)

​ADApproached sister-in-law in car park of shopping centre – slapped her on face – held her over four storey drop – intended to instil fear of death – sort psychological advantage of asserting authority – angry about relationship with wife – impulsive act but made threat two months earlier – offence committed in presence of young nieces

Underlying metal condition - delay

Agius

(42)

 

[2014] NSWCCA 173

s.86(1)(b)

2 x AOABH

Sched:
4 offences

PG

(25%)

Indicative sentence:

4y

Aggregate Sentence:
6y NPP 4y 6m

​ADDomestic violence – prolonged and degrading abuse over many months – on one occasion chained complainant to bed all night to prevent her leaving – threats to kills

Drug addiction


 

Aggravated Kidnapping:  s.86(2) Crimes Act
Commenced 14.12.2001 [NB: Section 86 originally numbered s.85A]

Aggravated offence:
s.86(2)(a) in company OR
s.86(2)(b) actual bodily harm inflicted
Maximum penalty - 20 years

Case Offence Plea Sentence Appeal Record Facts

Anforth
(29)


NSW CCA [222]
12.8.2003

2 x s.86(2)(a)

PG

Each:
2y suspended (concurrent)

Crown AA
Each:
2y
NPP 10m (concurrent)

Not serious

With 2 co-offenders travelled to place where victims staying - Victims forced into car, handcuffed and driven to new location - Handcuffs removed with angle grinder - Respondent left group - Victims taken interstate by other offenders and further atrocities committed - Respondent armed with baseball bat - Lesser offender
Remorse - Assistance - Good character evidence

Li


NSW CCA [442]
13.12.2005

Co-offender: LIN

s.86(2)(a)

Sched:
Aggravated demand money w/menaces

PG

5y 4m
NPP 3y 9m

AA
5y 4m
NPP 3y 3m

Nil

Group of males accosted male victim and demanded money - Applicant took victim's keycard - Victim assaulted while assailants tried to obtain PIN number - Attempt to extort $20,000 - Demands for money continued over a week.
Assailants and victim were Chinese students.

Williams
(30)

Saunders
(37)


NSW CCCA [33]
23.2.2006

s.86(2)(a)



s.86(2)(a)
Cultivate plant

Sched
Deemed supply leaf

VG



VG

4y
NPP 2y


4y
NPP 2y
FT 9m
(concurrent)

AA
2y 6m
NPP 18m

AD

Minor



Nil - breached bail

Cannabis plants found growing in S's garage during investigation into break in - Two days later S and wife picked up 14y burglar and detained in house for several hours - W called in to assist - V taken to forest area - attempt to find out accomplices - offence unplanned and out of character
S - instigator and primary offender
W - prospects of rehabilitation

Lin


(22) NSW CCA [258] 25.8.2006

Co-offender: LI

 

s.86(2)(a)

PG

5y 4m
NPP 3y 9m

AA
5y 4m
NPP 3y 3m

Nil

Chinese student detained, threatened and assaulted over period of time by group of offenders - attempt to extort $20,000.
Parity

Stavropoulos


NSW CCA [333]
7.12.2007

s.86(2)(a)

PG

2y
NPP 10m
Suspended

Crown AD

Son died of drug overdose in V's company - wished to question victim - paid two others to kidnap victim and bring in for questioning

Hammond


NSW CCA [138]
10.6.2008

s.86(2)(b)
Larceny

PG

7y 6m
NPP 5y
(12m concur)

AD

Record

Assaulted wife after evening out - punched and kicked her - forced head onto carpet and held down for ten minutes with foot - Forced head into lap and squeezed throat until complainant blacked out - stole credit card

Jeffries
(38)


NSW CCA [144]
26.6.2008

s.86(2)(b)
s.86(1)(b)

VG

Total:
10y
NPP 7y 6m

AD

Violence - breached bail and subject to AVOs

Detained and assaulted partner and her 15y daughter - choked partner and ripped out part of underneath portion of her tongue.
History of domestic violence.

Owens


NSW CCA [155]
14.7.2008

Co-offender:
CARROLL

s.86(2)(b)

VG

6y
NPP 4y

AD

In company of co-accused detained pregnant female victim who had been sharing A's flat - V suspected of taking A's money and wallet.

Kerr
(38)


NSW CCA [201]
29.8.2008

s.86(2)(b)

Sched:
2 offences

PG

11y
NPP 8y

AA
Sentence backdated to reflect pre-sentence custody

Violence, dishonesty. On parole.

Recently ended relationship with victim - Attended victim's home at night asking that she give him a ride - directed her to isolated area where victim was cut on foot with knife and threatened, punched and kicked - took victim to two homes during course of evening where she was tied with duct tape and subjected to further assaults and threats that she would be killed.
Drug abuse.

Carroll
(57)


NSW CCA [300]
8.12.2008

Co-offender:
OWENS

s.86(2)(a)

VG

6y
NPP 4y

AD

Violence, drugs - breached bond

In company of co-accused detained pregnant female victim who had been sharing flat with co-offender- V suspected of taking co-offender's money and wallet - V needed to go to hospital with contractions - aider and abettor

Bajouri
(19)


NSW CCA [125]
27.4.2009

s.86(2)(a)

Schedule:
Demand money; administer stupefying drug

PG

6y
NPP 3y

AA
5y
NPP 2y

Insignificant

In company of three others, detained V for 24 hours demanding that V telephone V's father for $100k or V would be killed or tortured - forced V to take anti-psychotic tablets - V was aware of gun on table - father telephoned police - V and V's father known to A and co-offenders through drug supply.
Offence at upper end.
Parity ground - A played lesser role than c-offenders - A became involved at last minute and had no part in planning of offence - younger age than co-offenders and lesser criminal antecedents.

Ha


NSW CCA [83]
5.5.2010

s. 86(2)

VG

3y 4m
NPP 2y 6m

AD

Nil

With cooffender - V and cooffender had been in a relationship - pre-planned offence - co-ordinated luring of V to A's apartment with both offenders and larger unknown male present - tried to intimidate V into providing $50,000 - V physically attacked - A obtained around $14,000.
Good rehabilitation prospects.
Not a mid-range offence.

Yousif
(21)


NSW CCA [206]
8.9.2010

s.86(2)(a)

Sched:
s.99(2)

PG

5y
NPP 3y

AD

nil

Victim driven to house in order to give offenders $13,000 by group of men - participated in hitting victim around the head and threatening him
Stringent bail conditions

Ayoub
(33)

El Masri
(32)


NSW CCA [196]
6.9.2010

s.86(2)(a)


s.86(2)(a)

Sched:
2 offences

VG


VG

7y
NPP 5y 3m

AD

Record - breached conditional liberty

Record including violence

Dispute over purchase of travel agency - two offenders took victim from home and detained him for two days in car repair premises - taken to motel and detained for further five days - took from victim almost $90,000 from bank accounts and forced transfer of car - Ayoub seeking to retrieve money he believed owed to him by victim - El-Masri assisting friend - victim well treated during detention

Hawkins
(26)

 

NSW CCA [153]
8.7.2011

s.86(2)(b)

Att administer

poison

PG

5y
NPP 3y
FT 12m (concurrent)

AA
5y
NPP 3y 3m
(this appears to be a miscalculation)

Nil significant

Detained partner of two years in home unit for two days – assaulted victim, threatened to inject dry cleaning fluid and pricked her with syringe

Terrible background – suffered mental illness from early age – alcohol and drug abuse – on appeal decided offender should have received discount of 25% for guilty plea.

Speechley
(19)

 

NSWCCA [130]

28.6.2012

s.86(2)(a)

PG

1y 11m (suspended)

Crown AA
23m
NPP 12m

nil

Female – took male victim with intent to assault and intimidate him in company of two co-offenders – after agreeing to meet offenders victim taken in car to reserve – threatened with firearm – unaware male co-offender brought gun – believed victim had tried to rape female co-offender

Akkawi, M
(21)

 

 

 

 

 

Akkawi, P

 

 

 

   

 

 

NSWCCA [11]
17.2.2012

2 x s 86(2)(a)

Sched: 2 x Rob in Co

 

 

 

2 x s.86(2)(a)
Discharge firearm w/i GBH

Sched: 2 x Rob in Co

PG

 

 

 

 

 

 

PG

Total:
8y 9m 16d

NPP 6y 27d

 

 

 

 

10y 9m 16d
NPP 8y 27d

AA
7y
NPP 5y

 

 

 

 

9y 3m
NPP 6y

Driving offences, conspiracy to steal. On bail.

 

 

 

 

Driving offences, trespass, receiving, offensive language

Brothers - T stole money from A’s during drug deal rip-off – On separate occasions, A’s kidnapped V1 and V2 trying to ascertain T’s whereabouts – A’s robbed both Vs of their mobile phones – AP shot V2 in leg at close range.

AM: gambling addiction – potential – stable, loving upbringing – student

AP: gambling addiction – troubled upbringing - student

Sen
(31)

 

NSWCCA [30]

19.2.2013

Rob in Co

Detain in Company

 

5y 4m 24d
NPP 4y 18d

(Identical concurrent sentence)

AA
4y 9m
NPP 3y

Minor – breached conditional liberty

Involved in robbery of drug dealer with two females – victim forced into bedroom and stabbed with knife by female offender

History of mental illness

Ball
(26)

 

NSWCCA [126]

24.5.2013

s.86(2)(b)

 

Sched:
Four offences

 

Drive manner dangerous

PG

2y ICO

Crown AA
2y 11m
NPP 1y 6m

Records included assault and breach AVO

Went to assist ex-girlfriend late at night with car – subsequent sustained assault on complainant both in and out of car - hitting and kicking - struck complainant with car in arm – forced complainant into car and drove at high speed – crashed into street signs – threatened to kill – stole phone –attempted to drag into unit – spontaneous offence Intoxicated with alcohol and prescription drug – alcohol problem – psychiatric problem – remorse – out of character

Hazell

(27)

 

[2015] NSWCCA 26

s.86(2)(b)


AOABH s.35(4)

PG (25%)

6y

NPP 4y

(concurrent lesser sentences)

​AD​Significant – violenceSustained assault of partner after forcing her home from her mother's - detained Victim in bedroom of house – kicked, stomped and assaulted Victim – threatened with knife – threatened to torture and kill

Violent childhood – alcohol abuse – mental illness issues

Batcheldor

[2015] NSWSC 1168

Bellew J

​s.86(2)(b)

 

Acc after fact murder

​PG

(10%)

​5y

 

4y 6m

NPP 3y 4m

 

Total:

6y 6m

NPP 5y 4m

​Minor drug offences​Female - Met with victim and male co-offender at park to discuss stolen property – victim taken to home of third person and detained in garage – period of offender's involvement only one hour - victim later killed by co- offender in absence of offender – in series of acts over several days assisted in arrangements to move body – no direct involvement in moving body and unaware body was incinerated – motivated by loyalty

Genuine remorse – good prospects of rehabilitation

 

 


Specially Aggravated Kidnapping: s.86(3) Crimes Act
Commenced 14.12.2001 [NB: Section 86 originally numbered s.85A]

Specially aggravated offence:
s.86(3) - in company and assault occasioning bodily harm inflicted
Maximum penalty - 25 years

Case Offence Plea Sentence Appeal Record Facts

Davis
(24)


NSW CCA [310]
3.9.2004

s.86(3)

PG

4y
NPP 9m

AA
12m GBB
(served 9m NPP)

Nil

With two male co-offenders forcibly removed victim (female friend) from residence - Victim punched and kneed in stomach and forced into car - Returned to applicant's house where victim permitted to ring police - Motivated by concern to have victim return to care properly for her three year old son with whom applicant was acquainted.
Cook Island community.

JNN
(17)


NSW CCA [426]
30.11.2004

s.86(3)

PG

3y 4m
1y 10m

3y
1y 6m
(to be served in Juvenile Detention Centre)

Nil

Female applicant in company with two female and two male assailants abducted female victim (school acquaintance) by car - victim kicked, hit and slapped - hair cut off - made to remove clothes and taunted - abandoned in underwear.
Year 10 student - stable and supportive environment - now studying and working - maturation - parity

VL
(15)


NSW CCA [301]
3.9.2005

NSW CCA [389]
21.11.2005

s.86(3)

Sched:
AR
Possess cannabis

PG

6y
NPP 4y

5y 4m
NPP 3y 6m

Aggravated robbery, BES, Carried in conveyance, Attempt escape custody. On parole when subject offence committed.

Group of males attacked male doctor in car park - Threatened with knife and metal pole - Victim robbed of cash and other items (Form 1 Armed Rob offence) - Forced into car and to give PIN number - Victim was assaulted before managing to escape.
Substance dependent disorder.

Barlow
(19)


NSW CCA [96]
6.5.2008

s.86(3)

PG

15m 2w
NPP 5m 2w

AD

Nil

Female assaulted and terrorised male cousin over two hours with unidentified male associate - little planning - vigilante action in response to being sexually assaulted by cousin four years earlier
Prior good character

Flentjar
(31)


NSWSC [771]
Buddin J
26.7.2008

2 x s.86(3)

PG

10y
NPP 7y

Minor

Aider and abettor to two co-offenders - male victim lured to house, assaulted and hogtied - wife subsequently lured to house and also hogtied - left house before both victims murdered - believed action taken in retaliation for sexual assault on daughter of co-offender - failed to assist victims - callous disregard
Previously good character - contrition - to give evidence against co-offender on sentence

Dong


Tran
(43)


Nguyen
(26)

NSW CCA [107] 14.5.2010

s.86(3) VG

8y
NPP 6y


10y 10m
NPP 8y

 


9y 2m
NPP 7y

AD


AD

 


AD

Includes AR - breached bond

 

Prior record including manslaughter

 

 

Lengthy custodial history

N and T attempted to detain victim for financial advantage, assisted by D - caused ABH - struggle outside club - shots discharged T found to be leader - mid range gravity N - difficult childhood - drug addiction

Tattersall
(35)

NSW CCA [282]
14.10.2011

s.86(3)

 

Sched:

Supply drug

PG

14y 5m NPP 11y

AD

Record for violence – released from custody two days before offence

Detained 18y male at house – sustained assault over seven hours – punched, kicked and hit with baseball bat – tattooed with word DOG on forehead – forced to sign over car – threats to kill victim, friends and family – offence committed in company – 5 young children sleeping in house – angered over sexual relationship between victim and offender’s girlfriend – serious injuries – very high end of range of seriousness

Khan

 

NSW CCA [74]
24.4.2012

s. 86(3) VG 4y 6m NPP 2y 8m Conviction AD No details provided.

V voluntarily accompanied A’s co-accused S & D to A home - V asked if he could leave but was told he had to stay – V beaten by S & D in A’s presence – V was told he could not leave until he paid $7,000 to S & D - threatened with knife. No further details provided.

Wilken

(24)

 

[2013] NSWCCA 304

​s. 86(3)​PG7y 2m

NPP 5y 2m

​ADAssault, AOABH, stalking, stealing.  On bond.​With 2 co-accused – looking for male – male with female friend V – A and co-accused found V and asked where male was – V offered to drive them to house of male’s brother – at house A and co-offenders took V’s keys so that she could not leave – choked V with material around neck and threats made.
M O

(15)

 

[2014] NSWCCA 11

​s.86(2)PG

(25%)

18m

NPP 9m

AA

12m GBB

​NilFemale victim punched in face by two co-offenders outside unit – walked back to unit and forced into bedroom – assault continued – MO punched victim once in face – limited involvement

Aboriginal with violent and deprived childhood – alcohol and drug abuse – mother to young child – remorse – prospects of rehabilitation

Sheen

 

[2014] NSWCCA 42

s. 86(3)

Common assault

​PGs 86(3):

7y 2m
NPP 5y 2m

Assault:
FT 3m

 

Total:
7y 5m
NPP 5y 5m

AD

 

 

 

Conviction AA (s166 back-up charge quashed)

A, with three cooffenders, sought to collect debt of $200 owed to A by M – A took swing at M (common assault)  - M escaped – M's girlfriend H nearby in her vehicle - Whilst H was trying to help M, one cooffender forcefully entered her car - H physically assaulted and threatened - H made to drive her car as directed in search for M, with A and co-offender following in their vehicle - H threatened with being killed, and being facially disfigured – choked with fabric around her neck – H hailed down police car.

Joint criminal enterprise – A was instigator of offence to recover money – clear role in inciting cooffenders to aggression and violence.

Morrison

(50)

 

[2014] NSWCCA 199

​2 x s.86(3)​VGTotal:

13y
NPP 9y

​AD​LengthyFemale A - Two young male victims detained for different periods of time by A and her partner – victims were friends of daughters of A - Vs subjected to ongoing physical and mental abuse - regular violence, threats, starvation and other mistreatment to compel them to support the daily running of house and to remain living there – A and her partner able to overwhelm Vs and exercise full psychological control over them - Vs virtually enslaved – serious physical injuries to Vs -  high level of objective seriousness and moral culpability

Dysfunctional upbringing – depression, low self-esteem – rehabilitation prospects not hopeful