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Back to Sentencing Tables Index 

 

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

 

Manslaughter - Unlawful and Dangerous Act             

Case

Type

Plea

Record

Sentence

Appeal

Facts

Manning

NSWCCA

15.4.1988

Unlawful and dangerous

Shooting - domestic

PG

nil

5y

NPP 2y

AD

Shot husband. Good relationship with history of violent arguments. Night of killing had argument over phone. Went to friend’s house and obtained rifle. Shot at V in dark intending to frighten him when he arrived home.

Roberts

NSW SC

(Hunt J)

31.8.1989

Unlawful and Dangerous

Shooting - domestic

PG

Nil

2y GBB

 

Aboriginal female shot husband. History of domestic violence - physical & psychological abuse. Treated like a ‘dog’. V had ongoing affair. On day of offence violent argument. Intended to shoot V in leg but confrontation led to shooting in chest.

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

Unlawful and dangerous

Assault – general

Juvenile

Accessory

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.

Dodd

(1991) 57 A Crim R 349

(NSWCCA)

Unlawful and dangerous

Assault - general

PG

 

3y PD

Crown AA

FT 3y

Strangled V after she refused sex. Voluntary disclosure of guilt to otherwise unsolved crime after 10 years. Had sex with woman’s body. Affected by drugs at the time.

Jennar

NSWCCA

4.3.1991

Unlawful and dangerous

Shooting - general

VG

Mansl

Rob with wound

 

20y

NPP 15y

(concurrent sentence)

AA

MT 7y 7m

AT 2y 6m

Killed V with shotgun - believed he had been ripped off in drug deal.

Affected by sleeping pills and need for drugs.

Harris

NSWSC

Abadee J

7.3.1991

Unlawful and dangerous

Assault - domestic

PG

no violence, drug related

MT 5y

AT 1y 8m

 

Punched and kicked de facto in street because she kept falling over (intoxicated).

Alcohol problem for both A and V.

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.

Farrar

NSWCCA

6.5.1991

Unlawful & dangerous

Motor vehicle

 

appalling driving record including culpable driving causing death

MT 13y 8m

AT 4y 5m

AA

MT 10y 8m

AT 3y 8m

Drove car into side of tree killing police officer holding on to the side

Alcohol involved.

Ryan

(46)

NSWSC

Abadee J

25.7.1991

Unlawful and dangerous

Shooting - domestic

PG

 

MT 3y 4m

AT 1y 1m

(PSC 1½m)

 

Shot wife with shotgun - deliberately placed gun near V, threatening her

Moderately affected by alcohol.

Bailey

NSWSC

Hunt J

18.9.1991

Unlawful & dangerous

Drowning / Assault - domestic

 

minor

MT 3y

AT 1y

(discount for assistance)

 

Co offender Norton convicted of murder - assaulted flat mate on beach and dragged him to water - died from drowning.

Alcoholic - 33% discount for assistance to authorities.

McMillan

NSWSC

Slattery AJ

17.12.1992

Unlawful and dangerous

Shooting - domestic

VG

PCA and unlicensed driver

MT 5y

AT 3y

 

Turbulent relationship with V - on day of shooting V told him to leave - pointed rifle at her and it discharged - affected by alcohol.

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.

McGrath

(19)

NSWSC

McInerney J

14.5.1993

Unlawful and dangerous

Alcohol / fight

Assault - general

PG

long record, bail

MT 3y

AT 2y

 

Intoxicated male assaulted V with female co offender - kicked V while on the ground - believed V had made sexual advances to female.

Alcohol problem and some degree of impairment – Aboriginal - contrition.

Cooper

NSWSC

Studdert J

25.6.1993

Unlawful and dangerous

Assault - general

PG

priors, GBB

MT 5y

AT 4y

 

Unprovoked attack on stranger who answered door - struck V to the ground and stomped on head - intoxicated.

Brown

NSWCCA

13.7.1993

Unlawful and dangerous

Assault - general

PG

nil

MT 6y

AT 3y

AD

With co offender bashed V who was walking home from party with wife - brutal and senseless killing.

Samoan - intoxicated.

Stevens

(18)

NSWCCA

15.8.1993

Unlawful & dangerous / negligence

Motor vehicle

PG

 

MT 7y

AT 2y 4m

AA

MT 5y 6m

AT 2y 6m

After drinking spree decided to steal car - killed owner who was seeking to prevent car being stolen.

Woolsey

NSWSC

Newman J

19.8.1993

Unlawful and dangerous

Stabbing - domestic

PG

nil

4y GBB

 

History of domestic violence when V drunk - A assaulted during argument with V - picked up knife to scare V off and stabbed him.

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.

Chapple

NSWCCA

14.9.1993

Unlawful and dangerous

Assault - general

PG

bail

MT 6y

AT 3y

[5½ m PSC]

AD

Assaulted V with co offenders having been told V slept with his wife - failed to obtain medical assistance.

Vangelder

NSW CCA

28.2.1994

Unlawful & dangerous

Young child

Assault - domestic

VG

nil

MT 3y

AT 2y

AD

Female baby-sitter killed 4 month old baby by shaking - mistreated baby previously for ‘misbehaviour’.

Low intelligence.

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.

Dixon

(under 17)

 

 

 

Dunn

(under 17)

 

NSWSC

Loveday J

18.11.1994

Unlawful and dangerous

Assault – general

Juvenile

PG

 

 

 

 

Robbery

Assault

no priors

 

 

 

 

serious record

MT 5y

AT 4y 6m

 

 

 

MT 6y

AT 4y 6m

 

Intoxicated Aboriginal males assaulted 69y during robbery - V died as a result of injuries - assaulting another victim with broken bottle and stake

Both offenders had alcohol addiction

Quinn

(37)

NSW SC

Abadee J

28.4.1995

Unlawful and dangerous

Stabbing - domestic

PG

Minor

MT 1y 1m 20d

AT 2y 5m

 

Stabbed brother - using knife to prepare breakfast when argument developed - parried knife in response to punch from V

Both chronically and severely mentally ill - forensic patient at time of sentence - Schizophrenic/bi-polar/ chronic schizo affective disorder

ALH

NSWSC

Dunford J

26.5.1995

Unlawful and dangerous

Assault – general

Juvenile

PG

juvenile convictions

MT 3y 6m

AT 4y

Detention

 

Aboriginal juvenile bashed V in company, suspecting him of stealing. - hard punch to head caused death.

Intellectually disabled - contrite

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

Varagnolo

NSWSC

McInerney J

21.3.1996

Unlawful and dangerous

Stabbing - domestic

PG

mal wound but not relevant

2y GBB

 

Long history of violent relationship with V, including rape - night of killing violent argument, including assault on A’s young daughter - picked up knife with intention of frightening V - stabbing occurred when V moved towards A.

Very deprived background – part Aboriginal - stolen generation

Edwards

NSWSC

Simpson J

2.8.1996

 

(1996) 90 A Crim R 510

Unlawful and dangerous

Stabbing - domestic

PG

 

3y PD

Crown AA

MT 18m

AT 18m

Female stabbed male lover during argument.

Care for third party not exceptional circumstances.

Camp

(45)

NSW CCA

3.9.1996

Unlawful & dangerous

Accessory

Arson

VG

no prison

MT 5y

AT 3y

AD

Accessory before the fact. - arranged to have shop burnt down - resident living over shop died.

Lamb

NSWCCA

3.4.1997

Unlawful and dangerous

General

Accessory

VG

nil

MT 2y

AT 2y

AD

Female - principal in the second degree - co-offender injected self, A and V with drug - V asked for more and A reluctantly agreed to have co-offender inject more - tried to obtain help - intended no harm.

Low intellectual capacity – Aboriginal - assistance re drug dealer - rehabilitation.

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.

Hampton

(22)

NSW SC

Dunford J

17.10.1997

 

(1998) 101 A Crim R 399

 

Mackey

(18)

NSW SC

Dunford J

17.10.1997

 

[1999] NSWCCA 167

Unlawful & dangerous

Arson

Accessory

PG

3 x mansl

 

Sched:

Robb

 

 

 

 

PG

lengthy record including robbery and mal damage - on parole and bail.

 

 

 

priors including assault, stealing, BES

MT 8y 6m

AT 2y 6m

 

 

 

 

 

 

 

MT 6y

AT 2y

AD

 

 

 

 

 

 

 

 

AD

Fire at private residence killed one adult and two children - H instigator and principal offender - M principal in second degree - both had previous arguments with occupants of house.

H: Aboriginal female - good prospects of rehabilitation.

M: Aboriginal male - good background - genuine remorse - excellent prospects of rehabilitation.

Cooper

NSWCCA

24.2.1998

Diminished Responsibility

Shooting - general

VG

 

Arson

 

MT 12y

AT 6y

AD

Offences committed at instigation of co-accused’s father - burnt down house of rival and executed V at his home – co-accused acquitted.

Major depressive dissociative state - elements of brainwashing by co-offender’s father

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.

Pham

(22)

NSWSC

Hidden J

15.5.1998

Unlawful and dangerous

Stabbing - general

PG

minor - not significant

MT 5y

AT 3y

 

Robbed two pedestrians with co-accused - later attempted to rob V who pulled a knife - struggle ensued and V stabbed in chest - Low range of culpability - A had been stabbed before.

Bessant

(25 at offence)

NSWSC

Smart J

20.5.1998

Unlawful and dangerous

Shooting - general

VG

bad record - committed AR four days after shooting.

MT 12y

AT 6y

 

(earliest release date 31.5.2001)

 

Re-determination under s.13A - 1987 - contracted to drive past and fire at house to frighten occupants - 5y girl killed - dispute between neighbours.

Substantial rehabilitation although minor drug matters in gaol - when eligible for release will have spent 15y 10m in gaol.

Moore

NSWCCA

16.6.1998

Unlawful and dangerous

Stabbing - domestic

PG

minor

MT 2y 11m 21d

AT 3y

AD

Stabbed de facto husband during violent argument - history of violence and alcohol abuse.

Aboriginal with violent past, including DV - suffers pancreatitis, PTSD, borderline personality disorder - truly remorseful - commenced rehabilitation.

Kennedy

(70)

NSWSC

Greg James J

30.6.1998

Unlawful and dangerous

Stabbing - domestic

PG

 

3y GBB

 

Stabbed 78y husband once in stomach - died fourteen days later

Culpability affected by mental conditions including dementia – intoxication – poor health – abused by husband

Hayne

NSWCCA [429]

18.9.1998

Unlawful & dangerous / negligence

Arson

VG

 

FT 18m

AD

Arguing with wife - splashed petrol around living room and set it alight - tried to rescue wife but failed.

Suffered severe burns himself.

PN

(17)

NSWSC

Barr J

30.10.1998

Unlawful and dangerous

Stabbing – general

Fight

Juvenile

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)

Williams

NSWSC

Adams J

30.11.1998

 

NSWCCA [136]

14.4.2000

Unlawful and dangerous

Assault - domestic

VG

(murder trial)

prior assault on mother

MT 6y

AT 2y

AD

Struck frail and elderly mother about face and head at home while intoxicated.

No significant remorse or contrition.

Mitchell

(47)

NSWDC

Sides DCJ

11.12.1998

Unlawful and dangerous

Stabbing – domestic

PG

minor

MT 9m

AT 27m

 

Aboriginal female stabbed de facto in leg during argument - severed artery and V bled to death - did not intend or believe serious injury would result - judgment impaired by intoxication.

Alcoholic with background of hardship and extreme disadvantage - remorse

Lewis

NSWSC [131]

Sully J

1.3.1999

Unlawful and dangerous

Stabbing – general

Accessory

PG

mal wound with w/i GBH; on bail and parole

MT 6y

AT 3y

 

Member of Rebel Motorcycle Club - helped bouncer remove V who was being nuisance at hotel - punched and kicked V - left scene but other club members continued assault - V stabbed to death

Seriously assaulted in gaol because wife giving evidence - good prospects of rehabilitation - backdated 4y for time already served

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

Accessory

PG

nil

MT 3y

AT 1y

(PSC 2y)

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.

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.

Cramp

(55)

(1999) 110 A Crim R 198

Negligence / unlawful & dangerous

Motor vehicle

VG

2 x PCA

MT 7y

AT 2y 4m

AD

“Worst case category” - allowed 16y intoxicated female to drive vehicle at high speed - ran into telegraph pole killing driver - 3 young children were passengers in car - looking after V and children who were neighbours.

Robson

NSWSC [855]

Barr J

26.8.1999

Unlawful and dangerous

Assault - domestic

PG

assault, minor drugs

MT 3y

AT 2y

 

Assaulted V in company to “teach him a lesson” for taking wife’s car and damaging it - V had lived with A and his wife for a time.

Intoxicated - good prospects of rehabilitation - married with large and supportive family - since the offence has become a heroin addict, but on methadone and attempting to overcome habit.

Papandrea

NSWSC [978]

Studdert J

24.9.1999

 

NSWCCA [499]

24.11.2000

Unlawful and dangerous

Shooting - general

PG

not relevant

MT 6y

AT 3y

AD

Shot acquaintance at close range - circumstances of shooting not clear - both A and V affected by drugs.

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.

Horton

(53)

NSWSC [983]

Studdert J

24.9.1999

Unlawful and dangerous

Stabbing - general

PG

minor

MT 5y

AT 3y

 

Female - stabbed friend in heart after heavy drinking

Alcoholic with dependent personality disorder.

Oinonen

(62)

NSWCCA [310]

29.9.1999

Unlawful and dangerous

Shooting - general

VG

(murder trial)

not stated

MT 8y

AT 3y

AA

MT 6y

AT 3y

Intoxicated male confronted V about stolen opals - fired at V as he ran away.

Offer to plead to manslaughter rejected by Crown.

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.

SMP

(17)

NSWCCA [318]

15.10.1999

Unlawful and dangerous

Juvenile

Stabbing - general

PG

nil

MT 4y

AT 3y

AA

MT 2y9m

AT 2y 9m

Detention

Stabbed V after he attacked A with knife by surprise – V suffered mental problems and drug addiction - no suggestion A carrying knife with intent to injure - no premeditation or ill will.

Nguyen

(mid 40s)

NSW CCA [333]

21.10.1999

Unlawful and dangerous

Assault - domestic

PG

 

Sched:

Discharge firearm

nil

MT 6y

AT 4y

AD

Went to ex-girlfriend’s house armed with rifle to confront her about money owing - tied up sister and mother - siege developed when police arrived and gunfire exchanged - mother died from asphyxiation caused by being gagged and rib broken.

Also sentenced for kidnapping and maliciously discharge rifle.

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.

Nardoni

(26)

NSWSC [1097]

Grove J

12.11.1999

Unlawful and dangerous

Assault - domestic

PG

assault, mal injury, nuisance offences

MT 2y

AT 3y

(PSC 1y)

 

Assaulted de facto wife - died of head injuries next morning.

Violent relationship - alcohol and drugs.

TJP

(16)

NSWCCA [408]

1.12.1999

Unlawful and dangerous

Assault – general

Juvenile

PG

assault, robbery;

on recog

MT 2y 11m

AT 3y

(PSC 1m)

AD

Aboriginal female bashed and robbed 67y male with two co offenders.

Alcohol and cannabis user since 11 years old.

Wilson

(40)

NSWSC [1235]

Newman J

3.12.1999

Unlawful and dangerous

Drowning / Assault - domestic

PG

Nil

3y GBB

 

Assaulted father on boat then threw body overboard wrongly believing him to be dead - father drowned - assault in response to threats made by father against A’s girlfriend - father violent record, on bail for conspiracy to murder.

Good character, including service in Naval Reserve - early acknowledgment of guilt - genuine remorse - suffering abnormality of mind at time of offence.

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.

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.

Tran

(39)

NSWCCA [443]

23.12.1999

Unlawful and dangerous

Shooting - domestic

PG

driving offences

MT 4y 6m

AT 1y 5m

AD

Male shot teenage brother, whom he suspected of stealing from mother - accidentally shot V in head with licensed pistol trying to scare him.

Married with 5 children.

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.

Esposito

(29)

NSWSC [284]

Dunford J

23.3.2000

Unlawful and dangerous

Stabbing - general

PG

drug related record: on recog at time of offence

MT 8y

AT 4y

 

Female stabbed man she just met a bar. Affected by drugs and possibly motivated by robbery.

No recollection of events. Has had some employment, D&A treatment and counselling in custody.

McLaughlin

(20)

NSWSC

B-Parker J

24.2.2000

Unlawful and dangerous

Shooting - domestic

VG at murder trial

Nil

MT 4y 6m

AT 3y

 

Shot girlfriend in hospital – emotionally upset at Vs intention to end relationship – fired 6 shots hitting girlfriend in face – no intent to shot V – intended to kill self – discharge involuntary

Offered to plead guilty to manslaughter

Sherry

(38)

NSWCCA [35]

29.2.2000

Unlawful and dangerous

Stabbing - domestic

VG

lengthy but minor alcohol related record

MT 2y 6m

AT 2y 6m

Crown AA

MT 3y 6m

AT 2y 6m

Stabbed de facto wife during violent altercation. History of volatile and violent relationship. Stabbed wife below ear.

Alcohol problems.

Kennedy

NSWSC [109]

Barr J

1.3.2000

Unlawful and dangerous

Stabbing - domestic

PG

 

4y GBB

 

Stabbed de facto husband in chest once during confrontation. Circumstances of offence unclear but history of extreme and cruel domestic violence - spontaneous offence

Genuine remorse; suicidal; violent childhood beaten first by mother then deceased.

Kirkwood

(63)

NSWSC [184]

Bell J

3.3.2000

Unlawful and dangerous

Stabbing - domestic

PG

minor record

MT 12m

AT 18m

 

Aboriginal female had sexual relationship with V for 4-5 years - violent argument where V threw stool at A and threatened her with knife - A took knife and ‘poked’ V in chest.

Mildly intellectually handicapped; alcoholic; not prone to violence; health problems; carer for handicapped son.

Luong

(17)

NSWSC [505]

Sully J

8.6.2000

Unlawful & dangerous / negligence

Juvenile

Shooting - domestic

VG

nil

4y

NPP 2y

 

Hosted party for school friends at family home - while displaying gun deliberately fired at 16 year old female friend mistakenly believing no live ammunition in gun.

Excellent subjective features.

Ryan

(27)

NSWSC [724]

Adams J

14.7.2000

Unlawful and dangerous

Motor vehicle

VG

minor traffic infringements

7y 10m

NPP 5y 10m

(2m PSC)

 

Driver of semi trailer struck two cars driving in oncoming lane of six lane highway divided by median strip. Intentionally drove across median strip. Affected by methamphetamines and tiredness. Failed to comply with driving restriction and falsified logbook. Took drug to keep alert and enhance driving, not intending to be intoxicated.

Hyatt

(22)

NSWSC [774]

Barr J

4.8.2000

Unlawful and dangerous

Assault - general

VG

nil

5y

NPP 2y

 

After minor confrontations with supervisor at work became concerned about security of employment - approached supervisor and on spur of moment struck him in head with wood - no intent to do really serious harm.

Completely out of character - lost temper as result of intense anxiety. Remorse.

Mika

 

Sagato

 

(2000) 116 A Crim R 31

Unlawful and dangerous

Young child

General

PG

Nil

2y

suspended sentence

 

Husband and wife held down 3y child while mother poured water down his throat. All held genuine and religious beliefs about demons, and believed child needed to be exorcised. Mother found mentally ill.

Intense religious beliefs – remorse – parents to four children.

Howard

(26)

NSWSC [876]

Studdert J

31.8.2000

 

NSW CCA [309]

23.8.2001

Unlawful and dangerous

Young child

Assault - domestic

PG

(10%)

previous convictions including assault on 7 week old daughter

7y 6m

NPP 5y 6m

AA

Length of sentence confirmed but backdated to take into account PSC

Severe shaking of 8 month old son of de facto. No pre-meditation but lost temper at time of offence. Previous shaking of daughter should have heightened awareness of consequences of shaking.

Strict protection.

Sandness

(32)

NSWSC [821]

Dunford J)

18.8.2000

 

Sandness

NSWCCA [385]

25.9.2001

Unlawful and dangerous

Assault - general

PG

Minor - BES and assault

11y

NPP 8y 6m

AD

Went with girlfriend to home of her 80y frail grandfather to steal money for heroin for both of them. Assaulted V with brick and punched him in face.

Some attempts made at rehabilitation.

Sutcliffe

(25)

 

 

 

S McGoldrick

(21)

 

 

 

L McGoldrick

(17)

 

NSWSC [825]

Adams J

18.8.2000

Unlawful and dangerous

Juvenile

General

PG

 

5y 3m

NPP 3y

 

 

 

4y 5m

NPP 2y 3m

 

 

 

2y 6m PD

 

Four offenders involved in pushing large rocks off motorway overpass attempting to strike truck trailers. One rock smashed through windscreen of V’s truck causing death. Went to assistance of driver but attempted to conceal involvement in offence.

S: most culpable; limited intelligence; immature; psychological handicaps; genuine remorse; strict protection; good prospects of rehabilitation.

S.McG: less than average intelligence; immature; remorse; onerous conditions of bail.

L.McG: least culpable; immature; remorse;

Graham

(20)

NSWSC [1033]

Whealy J

10.11.2000

Unlawful and dangerous

Assault - general

VG

(murder trial)

nil

5y

NPP 3y

 

Became involved in homosexual encounter with stranger in park. Pursued by victim when changed mind and attempted to disengage. Strangled victim in headlock acting in unreasonable fear for safety.

Youth, good character, suffering depression, isolated incident.

Bilton

(32)

NSWSC [1113]

Bell J

17.11.2000

Unlawful and dangerous

Assault – domestic

Young child

VG

nil relevant

7y

NPP 4y 6m

 

Punched two year old son of de facto in chest then severely shook child when child gasping for breath. Angered by child’s crying. Also sentenced for 2 counts AOABH for throwing tube of ointment at child.

Not living with child and mother, limited intellectual ability, remorse, threatened in custody.

Bellamy

(30)

NSWSC [1217]

Wood CJ at CL

11.12.2000

Unlawful and dangerous

Assault - general

PG

Mansl

AR

B&E offences

very lengthy - offences committed while on parole

Manslaughter:

5y

Total:

10y

NPP 7y 6m

 

Bashed and kicked to death 57y male in V’s home after V made homosexual advances. Previously raped in gaol. Assaulted and robbed V’s 88 year old mother before leaving house. Broke into home of V one week later and stole property. Also sentenced for AR and break and enter offences. Under influence of Normison. Heroin addict.

Ellis discount in relation to manslaughter; 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.

Olig

(36)

NSWSC [1246]

Adams J

21.12.2000

 

NSW CCA [249]

16.4.2002

Unlawful and dangerous

Arson

VG

(murder trial)

no significant prior convictions

12y

NPP 8y

AD

Deliberately set fire to house killing estranged de facto wife. Surprised by speed of fire and made attempts to put it out and rescue V. Angered by V defrauding him over house payments. Actions directed primarily at house.

No remorse; deprived and difficult childhood

Do

NSWCCA [19]

2.2.2001

Negligence

Shooting - general

VG

 

MT 18m

AT 18m

(PD)

Conviction AD

Spent night in company with V and friend drinking, smoking heroin and taking rohypnol and playing with V’s shotgun. Pointed gun at V and deliberately pressed after playing with safety catch. Thought he had put safety catch back on.

Veech

(25)

NSW SC [68]

Wood CJ at CL

8.2.2001

Provocation

Shooting - general

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

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.

Woodland

(20)

NSWSC [416]

Wood CJ at CL

25.5.2001

Unlawful and dangerous

Young child

Assault - domestic

PG

nil

8y

NPP 5y

 

Killed 2y son by forcefully ramming head into refrigerator. Very young and immature parents living in stressful circumstances with mother’s parents.

Evidence of prior good character. Past problems with anger and aggression.

Adamson

(19)

NSWSC [499]

Howie J

1.6.2001

 

(2002) 132 A Crim R 511

Unlawful and dangerous

Assault - general

PG

Mansl

2 x Agg Sex Ass

malicious wounding

Manslaughter:

11y

NPP 7y 6m

Total:

14y

NPP 10y 6m

AD

During party had vaginal and anal intercourse with victim knowing she was not consenting. Deliberately placed hand over victim’s mouth and nose to prevent her calling out, causing asphyxiation.

Raised alarm and attempted to resuscitate victim.

Pennisi

(28)

NSW SC [461]

Bell J

6.6.2001

 

NSW CCA [326]

4.9.2001

Unlawful and dangerous act

Shooting - general

VG

(murder trial)

nil

9y

NPP 6y

AD

Confronted manager of shopping centre with loaded .22 calibre Ruger semi automatic rifle hoping to force him to drop civil suit. During struggle V shot in stomach. Panicked and fired ten shots at point blank range.

Voluntarily surrendered to police. Depressed at time of offence as result of business failing in shopping centre. Truly remorseful. Offered to plead guilty to manslaughter.

Sotheren

(27)

NSWSC [214]

Dowd J

15.6.2001

 

NSWCCA [425]

14.10.2001

Unlawful and dangerous

Assault - general

PG

Mansl

5 x Agg Rob

lengthy record including violence - on parole

Manslaughter:

5y

NPP 2y 6m

 

Total:

7y

NPP 4y 6m

Crown AA

Manslaughter:

10y

NPP 6y

 

Total:

12y

NPP 8y

Multiple robberies - Each victim severely beaten, one dying three days later - all robberies committed over one night.

Heavy user of amphetamines - seriously deprived and abusive childhood - made ward of state - psychiatric and behavioural problems - stabbed twice while in custody - suffers claustrophobia - remorse - aboriginal - support of family

Fox

(33)

NSWSC [573]

Grove J

6.7.2001

Unlawful and dangerous

Assault - domestic

PG

no prior convictions

5y

NPP 2y

 

Female - attempted to wake up de facto by kicking him in head - intoxicated at time - shoeless – no recollection of events

Aboriginal or Pacific Islander - life of considerable tragedy - lifetime addiction to alcohol - truly remorseful - needs further assistance before release

Clarke

NSWSC [703]

McClellan J

20.7.2001

 

 

 

Marsh

NSWSC [1109]

McClellan J

29.11.2001

 

 

NSWCCA [151]

29.4.2002

Unlawful and dangerous

Assault – general / Motor vehicle

PG

Mansl

Carried in conveyance

 

 

 

PG

Mansl

Rob in Co

Take & Drive

Lengthy

 

 

 

 

 

 

Lengthy

5y

NPP 3y 6m

(sentence concurrent)

 

 

 

10y 4m

NPP 7y 9m

(sentences concurrent)

Crown AD

AD

 

 

 

 

Offenders stole car, grabbed V’s handbag and drove off. V tried to get handbag back grabbing onto offender. Marsh punched V who fell and whose head hit by rear tyre. Died of head injuries.

Clarke surrendered to police. Considerable remorse, high level of assistance to police, protective custody.

Marsh denied involvement. Plea out of acknowledgment that Clarke would have given evidence against him. Higher culpability than Clarke.

Melrose

NSWSC [847]

McClellan J

31.8.2001

Unlawful and dangerous

Stabbing - domestic

PG

 

4y GBB

 

Aboriginal woman stabbed partner during violent argument – V had assaulted A earlier in evening – long term domestic violence - isolated by move to another town and became depressed.

Remorseful and severe psychiatric reaction to killing - significant suicide risk.

Young

(18)

NSWSC [942]

Taylor AJ

3.9.2001

 

(2002) 136 A Crim R 437

Unlawful and dangerous

Assault - general

PG

criminal history - no significant violence

6y

NPP 4y

Crown AD

AA

5y 3m

NPP 3y 3m

Kicked and punched male V in attempt to rob on public street late at night. Attack did not cause serious injury but V suffered from bad heart and high blood pressure.

Alcoholic - assistance – protection - partial failure of undertaking to give evidence but sentence excessive

Masson

(23)

NSWSC [1037]

Howie J

8.11.2001

Unlawful and dangerous

Assault – general

Accessory

VG

(murder trial)

nil

7y 6m

NPP 4y 6m

 

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 - 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

Willoughby

(26)

NSWSC [1015]

Greg James J

9.11.2001

Unlawful and dangerous

Assault - general

PG

nil

6y 9m

NPP 3y 9m

 

Genuine, although unreasonable belief that male found outside offender’s flat had stolen from him - chased him outside flats and administered severe beating - included stomping on victim - did not believe he had seriously injured victim.

Suffering complex and difficult psychological problems in relation to family, de facto and daughter - effects of severe emotional stress at time of offence - resulted in him taking marijuana and LSD - in need of extensive counselling and assistance - degree of contrition - serious back condition - 1y 11m on conditional custody and 11m PSC

Byrne

(33)

NSW SC [1164

Dunford J

17.12.2001

Unlawful & dangerous

Young child

Assault - domestic

PG

 

8y 6m

NPP 6y

 

Mother killed 5y son under stress of being parent. Multiple injuries – burning and bruising. Left child uncovered in cold bathroom in middle of winter. Refrained from seeking medical treatment until too late.

Webb

NSW SC [618]

Hulme J

28.6.2002

Unlawful and dangerous

Young child

Assault - domestic

PG

AR, driving

7y 6m

NPP 4y 6m

 

Struck 8 month old baby daughter. At home alone with 5 children under 6 while wife went out shopping.

Unsettled upbringing. Aboriginal background.

Guider

(36 at offence - 52 at sentence)

NSWSC [756]

Wood CJ at CL

28.8.2002

Unlawful and dangerous

General

PG

sentenced for sexual offences committed on young children over lengthy period of time

17y

NPP 12y

 

Killing of young girl in 1986 - Picked up V and took her somewhere - V died after being drugged with normison - Body never recovered - No details of offence provided by offender - Part of series of sexual offences committed on young children over 15y years - Involved using stupefying drugs to take photographs and commit sexual acts

Dysfunctional background - Denied offence for long period of time - No insight into offending - Dangerousness - Strict protection - Paedophilia

Whiting

(35)

NSWSC [827]

Levine J

6.9.2002

Unlawful and dangerous

Stabbing - domestic

PG

prior violence

5y 4m

NPP 3y

 

Stabbed de facto wife during domestic dispute - Both parties affected by alcohol - V initiated attack with beer bottle - Then approached offender with knife - During struggle offender took knife and V stabbed once

Relationship characterised by violence of part of both victim and offender - Suffering alcohol dependence and personality disorder - Genuine remorse - Strict protection

Marrah

(36)

NSWSC [862]

Levine J

17.9.2002

Unlawful and dangerous

Fight

Assault - general

PG

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

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

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)

 

 

 

 

 

 

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

Styman

(24)

NSWSC [93]

Barr J

28.2.2003

Unlawful and dangerous / criminal neg

Assault - general

VG

Mansl

 

PG

Agg BE, commit offence

BES offences

Manslaughter:

14y

NPP 9y

Total:

15y

NPP 10y

 

With 2 co-offenders broke into house of elderly female V living alone - V tied and gagged and left in house - Stole cash and property - Unsuccessful 000 call made - V died 10-12 days later - Lesser participant - Not aware V not rescued

Cruel and violent childhood - Genuine remorse - Assistance to police - Truthful at trial - Evidence of rehabilitation - Protective custody

Yeoman

(43)

NSWSC [194]

Buddin J

21.3.2003

Unlawful and dangerous

Stabbing - domestic

PG

Nil

4y GBB

 

Stabbed de facto husband of 25y once in heart - Both heavily intoxicated – not fully aware of actions due to effect of intoxication - element of provocation and long history of DV – stabbed V on previous occasion

Prior good character - Isolation caused by recent move - Grief over recent death of father - Effect of imprisonment on 5y old son - Genuine remorse - Excellent prospects of rehabilitation

Tran

(25)

NSWSC [373]

Greg James J

2.5.2003

Unlawful and dangerous

Assault - domestic

PG

Nil

5y

NPP 2y 3m

 

Went to bed with partner – Both intoxicated – Killed partner during night – Possibly suffocated – Verging on automatism due to intoxication and sleep disorder – Vague as to details – Disposed of body – Lower end of culpability

Prior good character – Good prospects of rehabilitation – Vietnamese

Marshall

(22)

NSWSC [448]

Adams J

23.5.2003

Unlawful & dangerous

Young child

Assault - domestic

VG

(murder trial)

 

6y

NPP 3y 6m

 

Shook 9m son of girlfriend – Minding child while mother at work – Unthinking, momentary anger – No history of abuse

Low intelligence – History of behavioural problems - Protective custody - Remorse and contrition

McNamara

NSWSC [429]

Hidden J

23.5.2003

 

NSWCCA [42]

5.3.2004

Unlawful and dangerous

Assault - domestic

VG

(murder trial)

AOABH and mal inflict GBH (de facto) – on bail

9y

NPP 6y 6m

Crown AD

Killed mother by brutal assault – history of arguments over estranged de facto and access to children

Risk of re-offending

O’Hare

(23)

NSWSC [652]

Whealy J

25.7.2003

Unlawful and dangerous

Assault - general

PG

 

Sched:

Mal damage

Minor

6y

NPP 3y 6m

 

Offender intoxicated and angry when encountered male stranger on street – Words exchanged but no provocation – V hit once to side of face and fell on pavement

Verbal and physical abuse from step father – Long history of alcohol addiction – Good character – Reasonable prospects of rehabilitation - Remorse

Monroe

(30)

NSWSC [1271]

O’Keefe J

22.8.2003

149 A Crim R 478

Unlawful and dangerous

Assault – domestic

Young child

PG

Priors including assault

7y 6m

NPP 4y

 

Shook 3m baby boy – threw baby on lounge and punched in abdominal area – angry and intoxicated

Depression and heart condition – protective custody

Laures

(66)

NSWSC [785]

Sully J

27.8.2003

Unlawful and dangerous

Stabbing - domestic

PG

Nil

8y

NPP 5y

 

Stabbed de facto wife once in chest during fight outside house – she had terminated the relationship against his wishes – after stabbing V, called 000 and then stabbed himself

Diabetic – close relationship with own adult children – special circumstances

Maclurcan

(48)

NSWSC [799]

Buddin J

29.8.2003

Unlawful and dangerous

Assault – general

Fight

PG

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

 

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.

Avakian

(21)

NSWSC [1042]

Whealy J

21.11.2003

 

Co-Accused: O”CONNOR

Unlawful and dangerous

Assault – general

Accessory

PG

Breached GBB 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

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

Assault – general

Accessory

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

Difficult childhood – Remorse – Reasonable prospects of rehabilitation

Yu

(33)

NSWSC [1153]

Wood CJ at CL

4.12.2003

Unlawful and dangerous

Fight

Stabbing - domestic

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

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

Hoerler

(20)

NSWSC [1187]

11.12.2003

 

NSWCCA [184]

11.6.2004

(2004) 147 A Crim R 520

Unlawful and dangerous

Assault – domestic

Young child

PG

Mal damage, burglary, assaults

11y

NPP 8y 3m

Crown AA

14y 4m

NPP 10y 9m

Multiple injuries to 7m son of de facto – Punch caused lower teeth into roof of mouth – Punch to abdomen – Clamp to toes causing breaks – Died by asphyxiation or vomit inhalation – 5 unrelated offences taken into account on sentence

Protective custody

Vongsouvanh

(28)

 

 

 

Namalauulu

(24)

 

NSWSC [1203]

Whealy J

17.12.2003

 

NSWCCA [158]

19.5.2004

Unlawful and dangerous

Stabbing – general

Accessory

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

Wilson

(30)

NSWSC [1257]

Miles AJ

23.12.2003

 

NSW CCA [20]

15.2.2005

62 NSWLLR 346

Unlawful and dangerous

Assault – domestic

Young child

VG

(murder trial)

Nil

9y

NPP 6y 11m

AA

6y

NPP 4y 6m

Fatal shaking to 2y foster son – Impact injuries to child inflicted earlier by husband – Shook child in frustration

Prior good character but troubled background – Deteriorating psychiatric condition – Protective custody

Kerr

(17)

NSWSC [75]

Kirby J

24.2.2004

 

(RIK)

NSWCCA [282]

19.8.2004

Unlawful and dangerous

Assault – general

Juvenile

VG

Nil

3y

NPP 12m

Conviction AD

Alighted from train and approached male sitting alone on platform – Aggressive manner and swearing – V jumped onto tracks and struck by train

Prior good character – Intoxicated – Family support – Excellent prospects of rehabilitation

Kwon

NSWSC [146]

Dowd J

27.2.2004

 

NSWCCA [456]

16.12.2004

Unlawful and dangerous

Assault - general

PG

Nil

2y 8m

NPP 1y 8m

Crown AD

Sustained assault on male employee during night out – Intoxicated

Korean - Prior good character – Lost business – Family to return to Korea

Dalton

(18)

NSWSC [446]

Adams J

19.4.2004

 

NSWCCA [156]

26.4.2005

Unlawful and dangerous

Assault – domestic

Young child

PG

Not stated

7y

NPP 3y 3m

Crown AA

9y

NPP 4y 6m

Forced head of 23m child of de facto against window – Threw child on mattress – Severe head injury – Continuous abuse over long period

Aboriginal with childhood history of physical And emotional abuse – Borderline Personality Disorder

Mercy

NSWSC [472]

Adams J

19.4.2004

Unlawful and dangerous

Stabbing - domestic

PG

Nil

4y 1m

NPP 2y 3m

(3m PSC)

 

Female - Stabbed de facto in back – Intent to frighten – Seeking to make stand in context of continuing physical and sexual abuse

Aboriginal with deprived and violent/sexually abusive childhood – Serious drinking problem –– diabetic – recent coronary by-pass surgery – 8 children, including one with V – has never been in paid employment

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

VDN

(17)

NSWSC [426]

Whealy J

21.5.2004

Unlawful and dangerous

Juvenile

Stabbing – general

Accessory

PG

Mans

Att AR

Drug offences

Mansl

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

Laing

(35)

NSWSC [510]

G.James J

10.6.2004

Unlawful and dangerous

Drowning

PG

Minor

6y 6m

NPP 3y 6m

 

Held head of male boarder under water in bath – dumped body in bush – circumstances of assault unclear – intoxicated

Long history of alcohol abuse – unlikely to reoffend – full remorse

Van Oosterum

(50)

NSWSC [532]

18.6.2004

Unlawful and dangerous

Shooting - general

PG

Nil

7y

NPP 4y

 

Offender’s gun discharged during struggle with V on street – Offender confronted V over alleged relationship with offender’s wife – No intent – Had gun in possession to ensure V listened

Suffering depression and disordered thinking – Emotionally distraught – Grave loss of judgment - Contrition – Co-operation – Prior good character – Excellent prospects of rehabilitation

Price

(29)

NSWSC [868]

Barr J

23.9.2004

Excessive self defence / unlawful and dangerous act

Stabbing - general

PG

Significant, inc 4 offences with a knife

8y

NPP 5y

 

Stabbed drug dealer – plea accepted but not wholly clear whether excessive self-defence or unlawful and dangerous act – habitually carried a knife

Aboriginal – previous alcohol problems – on methadone program but continues to use heroin from time to time – prospects of rehabilitation.

Hogan

NSWSC [959]

Barr J

15.10.2004

Unlawful and dangerous

Motor vehicle

PG

Some priors related to turbulent relationship

4y

NPP 2y 3m

 

Wife had history of depression with violent and attention seeking behaviour – attempting to take her to hospital when V attempted to leave car at traffic lights – began to accelerate to shut car door – V fell out and suffered fatal injury

Criminality very low – remorse – early PG

Rugari

(18)

NSWSC [1126]

Barr J

26.11.2004

Unlawful and dangerous

Assault - general

PG

Mansl

Agg rob

 

Sched Possess drugs

Record for violence

Manslaughter:

7y NPP 4y

 

Total:

8y NPP 5y

 

Severe and unprovoked assault on male acquaintance – Concerned about sexual intentions of V towards 12y female – called him a paedophile - Refused to return car keys until phone and gold chain handed over – Male subsequently died from head injuries – No intent to cause GBH

Difficult and violent childhood – Slim prospects of rehabilitation – Personality disorders – ADHD – partially deaf – no remorse

Hayes

(26)

NSWSC [1195]

Campbell AJ

13.12.2004

 

Co-Accused:

Vongsouvanh

Namalauulu

Unlawful and dangerous

Stabbing – general

Accessory

PG

Minor record – similar to Namalauulu

6y 9m

NPP 4y

 

Female – Involved with two other females in struggle with fellow male drug user – Crown unable to establish who did stabbing - V stabbed 4 times in stomach

Difficulty as aboriginal child adopted by non-indigenous family – Drug addiction – Protective custody – Good prospects of rehabilitation

Daniels

(38)

NSWSC [1201]

Hidden J

14.12.2004

Unlawful and dangerous

Assault - domestic

VG

(murder trial)

Minor offences – breached bond

8y

NPP 5y

 

Sustained assault on partner in home – forced head into wall causing brain injury

Mental health problems in custody

JD

NSWSC [128]

Levine J

25.2.2005

 

NSW CCA [31]

21.2.2006

Unlawful and dangerous

Juvenile

Stabbing - general

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

MD

(17)

 

 

 

 

 

 

NA

 

 

 

 

BM

(16)

 

 

 

 

 

 

JT

(17)

 

NSWSC [344]

G James J

12.4.2005

 

NSW CCA [342]

30.9.2005

Unlawful and dangerous

Assault – general

Juvenile

PG

Mansl

Stealing

 

 

 

 

 

PG

Mansl

 

 

 

PG

Mansl

Assault

 

 

 

 

 

PG

Mansl

Assault

Nil

Mansl:

5y 6m

NPP 3y 6m

Total:

5y 9m

NPP 3y 9m

 

 

4y 6m

NPP 2y

 

 

 

Mansl:

4y

NPP 2y

Total:

4y 1m

NPP 2y

 

 

Mansl:

4y

NPP 2y 6m

Total:

4y 3m

NPP 2y 9m

Crown AD

 

 

 

 

 

 

 

Crown AD

 

 

 

 

Crown AD

 

 

 

 

 

 

 

Crown AD

V and companion set upon by group of youths at park – Action of MD forced V into power pole head first – unclear if pushed or retreating – NA punched and kicked V on ground – JT one kick to V on ground – BM assisted by assaulting companion and preventing assistance – brutal and cowardly attack with no provocation – objective gravity very high – MD stole phone from V

All showed contrition and evidence of rehabilitation

Bugmy

(20)

 

 

 

NMB

(15)

 

NSWSC [561]

10.6.2005

Grove J

Unlawful and dangerous

Assault – general

Juvenile

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 V 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

NMB – 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

Percy

(36)

NSWSC [1244]

Latham J

2.9.2005

Unlawful and dangerous

Assault – domestic

PG

(15%)

Property and motor vehicle offences

9y

NPP 5y

 

V lured to home of acquaintance – repeatedly struck by offender causing death – legs and arms bound and body dumped in truck rest stop – assault in retaliation for belief that V had raped offender’s partner’s daughter and stolen property

Difficult childhood - drug and alcohol user – genuine contrition

Taber

(27)

 

 

 

Styman

(37)

 

NSWSC [1292]

Studdert J

15.12.2005

 

NSW CCA [116]

26.4.2007

(2007) 170 A Crim R 427

 

Co-offender:

STYMAN

Unlawful and dangerous / negligence

Assault - general

VG

Mansl

Agg rob

Nil relevant

 

 

 

 

Of little sign

Mansl

18y

NPP 13y 6m

 

 

Total

19y

NPP 14y 6m

 

Three offenders broke into home of 70y female – V tied up, gagged and left with pillowcase over head – stole $23.300 - 000 call not acted upon – V died after 9 days – carefully planned offence – “most grave crime of manslaughter”

Protective custody – No remorse – Low prospects of rehabilitation

Hamshere

NSWSC [1319]

Hall J

15.12.2005

Unlawful and dangerous

Fight

Stabbing - general

PG

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

Clare

(35)

NSWSC [812]

Grove J

11.8.2006

 

NSW CCA [30]

28.2.2008

(2008) 181 A Crim R 450

Unlawful and dangerous

Young child

General

VG

Mansl

 

PG

s.66A

Record for sexual offences against children

Manslaughter

25y

NPP 18y 9m

(concurrent sentence for 66A - cumulative on existing NPP 12y 1m)

AA

Manslaughter

25y

NPP 15y 9m

Babysitting 3y boy V – sexual penetration of V- V vomited and choked – Applied electrical wires in attempt to revive V – worst case category

Self confessed paedophile - Serving sentence for sexual assault of V’s 6y sister.

Jukes

(20)

NSWSC [1065]

Hoeben J

13.10.2006

 

NSWSC [126]

Hoeben J

29.2.2008

Unlawful and dangerous

Stabbing - domestic

PG

Nil

2y

NPP 12m

suspended

 

 

 

On breach of suspended sentence

2y

NPP 12m

 

Female – stabbed mother’s boyfriend during confrontation in kitchen – instinctive act – single stab wound – low range culpability

Unfortunate background – mother to 5 children – youngest child disabled – immediate remorse – 90d PSC – 2y 6m rigorous reporting

Sentence subsequently breached after commission of further offence of BES, failure to comply with reporting and counselling conditions and continued amphetamine addiction – pregnant at time of re-sentence

Clay

(19)

 

 

 

Lonsdale

(24)

 

NSWSC [1220]

Buddin J

17.11.2006

Unlawful and dangerous

Fight

Assault – general

Accessory

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

Esposito

(33)

NSWSC [1454]

Latham J

20.12.2006

Assault – general

Accessory

Unlawful and dangerous

VG

(murder trial)

(15%)

Predominantly property offences

6y 10m

NPP 4y

 

Present when co-offender fatally assaulted male V – assault in retaliation for threats made by V to offender’s de facto wife and children – assisted in dumping body – party to agreement to assault V aware of co-offender’s qualifications in martial arts

Tragic childhood – heroin abuse – positive de facto relationship

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

Fight

Juvenile

PG

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

Tekley

 

 

 

 

 

Nagle

 

NSW CCA [75]

23.3.2007

Unlawful and dangerous

Assault – domestic

Accessory

VG

Mans

Unlawful impr

 

 

VG

Mans

Unlawful impr

 

6y

NPP 3y 9m

(FT 6m concurr)

 

 

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

Rowe

(26)

NSWSC [300]

Howie J

5.4.2007

Unlawful and dangerous

Young child

General

VG at murder trial

Drugs and dishonesty

5y 6m

NPP 3y

 

Mother killed 7m son by ingestion of methadone – struggling to cope with crying baby – sought to settle – distraught at death

Disturbed childhood resulting in early drug addiction – onerous custodial conditions

Mundene

(19)

NSWSC [355]

Howie J

19.4.2007

Unlawful and dangerous

Assault – domestic

Young child

PG

Dishonesty – breached parole

6y 9m

NPP 3y 9m

(cumulative to revoked parole)

 

Male killed de facto’s 7m son by shaking – isolated anger against crying child – warned he could injure child – breach of trust

Aboriginal with disrupted background – drug abuse – immaturity - remorse

Leach

(23)

NSWSC [429]

Hulme J

27.4.2007

 

NSW CCA [73]

1.4.2008

(2008) 183 A Crim R 1

Unlawful and dangerous

Assault – domestic

Young child

PG

 

Sched:
2 x AOABH

Nil

7y 6m

NPP 4y 6m

AA

6y

NPP 3y 6m

Father killed 7w daughter by asphyxiation – sat on unsettled daughter to stop her crying – assault offences constituted by hitting V on head with hand

Intellectually disabled – depressive disorder – frustrated at inability to settle child – good character – remorse – excellent prospects of rehabilitation

LAL

(14)

 

 

 

 

PN

(14)

 

NSWSC [445]

McClellan CJ at CL

4.5.2007

Unlawful and dangerous

Assault – general

Juvenile

PG

 

Sched:
LMV

Steal mobile phone

Nil

 

 

 

 

 

Nil

6y

NPP 3y 6m

 

 

 

 

6y

NPP 3y 6m

 

Assaulted taxi driver using moderate force – V 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

Cavanough

(22)

NSWSC [561]

Whealy J

7.6.2007

Unlawful and dangerous

Stabbing - domestic

PG at murder trial

 

8y 2m

NPP 5y

 

Female stabbed male de facto during domestic argument – spontaneous act – element of provocation – history of disputes – suffering depression and anxiety

Aboriginal with deprived and violent childhood – sexual abuse – drug and alcohol addiction – functioning at borderline level – mother to 2y child – remorse – prospects of rehabilitation

Stephenson

(43)

NSWSC [672]

Hidden J

29.6.2007

 

NSW CCA [266]

13.11.2008

Unlawful and dangerous

Assault - domestic

PG

Minor

6y

NPP 3y 6m

AD

During verbal argument punched female partner to head with closed fist several times – spontaneous offences – both V and offender consumed drugs and alcohol during evening

Volatile and obsessive relationship – drug and alcohol abuse – offence out of character – prospects of rehabilitation - remorse

Ferguson

(45)

NSWSC [949]

Grove J

27.8.2007

Unlawful and dangerous

Assault - domestic

PG

Nil relevant

5y 3m

NPP 4y

 

Fatal assault on de facto wife during physical argument – arguing for several days over V’s abuse of prescription drugs – drug abuse made V more vulnerable to physical assault

Good character – very good prospects of rehabilitation – genuine remorse

Taufahema

(25)

NSWSC [959]

Grove J

31.8.2007

Unlawful and dangerous

Shooting – general

Accessory

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

Unlawful and dangerous

Fight

Assault – general

Accessory

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

 

Co-offenders:
HORAN
BOXX

Unlawful and dangerous

Assault – general

Accessory

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

Thurlow

(20)

NSWSC [1203]

Mathews AJ

26.10.2007

Unlawful and dangerous

Assault – domestic

Young child

PG

Mans

Att pervert course of justice

 

Sched:

Att pervert course of justice

Record – mostly subsequent to offence

6y 9m

NPP 4y 3m

 

Female - Pushed 16w daughter of de facto into futon bed – head hit wooden armrest – frustrated at crying – asked cell mate to confess to killing over 2 months – attempted to have de facto lie about offence

Traumatic childhood resulting in early drug addiction - remorse

Wheatley

(45)

NSWSC [1182]

Bell J

30.10.2007

Unlawful and dangerous

Assault - general

PG

Minor

3y 9m

NPP 2y

 

Pushed 83y male stranger onto street – hit by oncoming traffic – no intent to hurt or push into traffic – loutish behaviour – ‘spontaneous outburst of low level violence which had catastrophic consequences’ – intoxicated – angered by earlier unrelated confrontation with male

Suffering chronic schizophrenic illness

Lu

(32)

NSWSC [1259]

Price J

9.11.2007

 

NSW CCA [261]

11.11.2008

(2008) 190 A Crim R 109

Unlawful and dangerous

Stabbing – general

Accessory

PG

Lengthy – breached bond

9y 4m

NPP 6y 2m

AD

One month before offence had violent confrontation with V – on day of offence saw V walking down street - collected co-offender – chased V with iron bar – struck mother of V then punched V in face – co-offender fatally stabbed V – unaware co-offender armed with knife - intended only to assault – co-offender acquitted at murder trial

Vietnamese with traumatic background

Kaiser

(34)

 

NSWSC [1362]

Barr J

29.11.2007

 

NSW CCA [130]

29.4.2009

 

 

Hunt

(19)

 

NSWSC [1362]

Barr J

29.11.2007

Unlawful and dangerous

Shooting – domestic

Joint criminal enterprise

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

AD

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 V – carefully planned offence

K – instigator and planner – drug addictions – bipolar disorder in remission

H – chose to use gun

Bashford

(24)

NSWSC [1380]

Rothman J

30.11.2007

Unlawful and dangerous

Assault - general

PG

Breached conditional liberty for non-violent offences – priors for violence

5y 3m

NPP 3y 6m

 

Intoxicated male making out of character and offensive comments outside hotel – single punch to head causing death – response to offensive comment – spontaneous act

Voluntarily attended police station – subject to significant personal stress at time of offence – depression – good character – traumatic childhood – evidence of rehabilitation – aboriginal and islander

CK

(15)

 

 

 

 

TS

(15)

 

NSWSC [1424]

Latham J

7.12.2007

Unlawful and dangerous

Assault – general

Juvenile

PG

 

 

 

 

 

PG

Priors – breached bond

 

 

 

 

nil

6y

NPP 4y

 

 

 

 

6y

NPP 3y 6m

 

17y walking down main street of town late at night – headbutted by CK – punched to head by TS – unprovoked attack – died of subarachnoid haemorrhage

Drug and alcohol abuse – difficult childhoods

Harris

(53)

NSWSC [1417]

Bell J

13.12.2007

Unlawful and dangerous

Alcohol / fight

Stabbing - general

PG

Minor – drink driving offences

7y

NPP 4y

 

Stabbed female friend during argument – lashed out with knife striking V in chest – both intoxicated

History of alcohol abuse – remorse – good prospects of rehabilitation

York

(31)

NSWSC [1470]

Adams J

14.12.2007

Unlawful and dangerous

Fight

Stabbing - domestic

PG

 

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

Compton

(30)

NSWSC [204]

Studdert AJ

7.3.2008

Unlawful and dangerous

Assault – domestic

Young child

PG

Lengthy – assaults on de facto partners

9y

NPP 6y 9m

 

Assaulted 17m daughter of de facto – punched victim in stomach and to head – failed to tell mother or obtain medical care – child died next morning – coming down from amphetamines – angry at inability to obtain more drugs – lied to police

Intellectual disability

Smith

(22)

NSWSC [201]

Hulme J

7.3.2008

Unlawful and dangerous

Assault - general

PG

Minor

3y 9m

NPP 2y 6m

 

Waiting at taxi stand after Christmas function – punched passing stranger once – Victim struck head on concrete – no provocation – Intoxicated

Evidence of excellent rehabilitation – good prospects - remorse

APT

(17)

NSWSC [302]

Studdert AJ

4.4.2008

 

NSWCCA [230]

10.9.2009

Unlawful and dangerous

Assault – general

Juvenile

VG at murder trial

Nil

8y

NPP 5y 6m

AD

Involved in brutal assault on young male outside service station – lesser offender – kicked V on ground - Co-offender Willmot dealt with for murder.

Remorse – Good prospects of rehabilitation

Zammit

(55)

NSWSC [317]

Howie J

9.4.2008

Unlawful and dangerous

Alcohol / fight

Assault - domestic

PG

Priors including violence

6y 3m

NPP 4y

 

After night of drinking became angry with de facto and pushed her against refrigerator – V appeared injured but declined assistance – argument continued next morning and V thrown against cupboard – assistance again declined – died several hours later – fractured ribs and neck bone – V and offender both intoxicated

Alcohol abuse – childhood abuse- serious health issues

Ibrahim

(27)

NSWSC [268]

Price J

21.4.2008

 

NSW CCA [15]

13.2.2009

 

Co-offenders:

KR

PR

Unlawful and dangerous

Stabbing – general

Accessory

PG

Priors – breached bail

9y 4m

NPP 6y 6m

AD

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 – premeditated offence – joint criminal enterprise

Difficult childhood

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

Sin

(20)

NSWSC [621]

McClellan CJ at CL

20.6.2008

Unlawful and dangerous

Fight

Stabbing - general

PG

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 at murder trial

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

Horan

(20)

NSWSC [990]

Studdert AJ

18.9.2008

 

Co-offenders:
BOXX

CHARMAN

Unlawful and dangerous

Assault – general

Accessory

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

KR

(25)

 

 

 

 

 

PR

(21)

 

NSWSC [970]

Price J

19.9.2008

 

Co-offender

IBRAHIM

Unlawful and dangerous

Stabbing – general

Accessory

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

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

Fight

Assault - general

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].

Kari

(19)

 

 

 

 

 

 

H

(16)

 

NSWSC [993]

Hidden J

23.9.2008

Unlawful and dangerous

Juvenile

Shooting – general

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

Irvine

(20)

NSW CCA [273]

21.11.2008

Unlawful and dangerous / excessive self defence

Assault - general

PG

nil

3y

NPP 2y

PD

Crown AD

Number of young people taking part in burnouts on street – V crashed vehicle and left scene – respondent and friend went after V to tell him to return to scene and await police – V intoxicated and abusive – respondent punched V in self-defence – V suffered haemorrhage - V had congenital abnormality in vertebral artery which may have required less trauma to have caused haemorrhage.

Strong subjective case – youth – rehabilitation.

Stewart

(30)

NSWSC [1359]

Mathews AJ

16.12.2008

Unlawful and dangerous

Stabbing - domestic

VG at murder trial

Nil

6y 4m

NPP 4y

 

Stabbed husband during argument at home – spontaneous offence – combination of personality disorder and intoxication meant no required intent – V stabbed outside 16y son’s bedroom - volatile relationship

Offered to plead guilty to manslaughter – difficult and abusive childhood resulting in personality disorder and substance abuse – attempted suicide many times

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

Donaczy

(28)

NSWDC [63]

Conlon SC DCJ

6.3.2009

 

NSWCCA [143]

6.7.2010

Unlawful and dangerous

Fight

Assault - general

PG

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

Jackson

NSWSC [168]

Howie J

27.3.2009

Unlawful and dangerous

Stabbing – general

Accessory

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 from stolen car and stabbed employee during struggle – offender waited outside in car then entered to take cash register – foresaw use of weapon to inflict injury only - co offender sentenced for murder – Webb [2008] NSWSC 1351

Aboriginal with deprived upbringing – drug addiction – protection – genuine remorse

Jeffrey

 

 

 

 

 

 

 

Mealey

(34)

 

NSWSC [202]

Fullerton J

27.3.2009

Unlawful and dangerous

Assault – general

Accessory

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 V – 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

Munter

(36)

NSWSC [158]

Howie J

9.4.2009

Unlawful and dangerous

Fight

Assault - general

PG

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

Seelin

(37)

NSW CCA [286]

Fullerton J

17.4.2009

Unlawful and dangerous

Shooting - domestic

PG

Mansl

Possess unauth firearm

Nil

7y 2m

NPP 5y 4m

 

(FT 2y 6m

Concurrent)

 

Shot male neighbour attempting to force entry into house – Friendly relationship soured over time – V assaulted offender and made threats against family – Offender kept loaded revolver in house with young children for some time before shooting – probably kept for protection – legitimate fear – on day of shooting approached V with loaded firearm concealed – V later approached offender outside house and repeated threats – pursued offender into house and damaged screen door – Offender fired one shot through screen door – element of self defence and defence of young children in house

Prior good character – offence out of character – sound prospects of rehabilitation – mild chronic depressive illness

Boxx

(19)

NSWSC [298]

Studdert AJ

21.4.2009

 

Co-offenders:

HORAN

CHARMAN

Unlawful and dangerous

Assault – general

Accessory

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

Mills

(40)

NSWSC [521]

Howie J

11.6.2009

Unlawful and dangerous

Fight

Stabbing - general

PG

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

GJL

(36)

NSWDC [167]

Knox SC DCJ

3.7.2009

Unlawful and dangerous

Assault – domestic

Young child

PG

nil

6y

NPP 4y

 

Mother of 9w baby violently shook baby – using drugs – one off incident

Suffering long term psychiatric problems as a result of sexual assault and drug use

CW

(16)

NSWSC [1155]

Hall J

30.10.2009

 

NSW CCA [45]

22.3.2011

 

Co-Offenders:

DGP

PB

Unlawful and dangerous

Assault – general

Juvenile

Accessory

VG

(at murder trial)

Nil

9y

NPP 6y

AD

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

Prior good character

DGP

(16)

NSWSC [1154]

Hall J

30.10.2009

 

NSWSC [1408]

Hall J

3.12.2010

 

 

 

 

PB

(16)

NSWSC [1154]

Hall J

30.10.2009

 

NSWSC [1408]

Hall J

3.12.2010

 

Co-offender:
CW

Unlawful and dangerous

Assault – general

Juvenile

Accessory

PG

 

 

 

 

 

 

 

 

 

 

 

 

 

 

PG

Nil

 

 

 

 

 

 

 

 

 

Limited history

8y

NPP 5y

 

7y 11m 20d

NPP 4y 11m 20d

(sentence adjusted to allow full term to be spent in juvenile detention centre)

 

 

5y

NPP 3y

 

Joint criminal enterprise – three young males kicked and assaulted intoxicated male walking across oval – mistakenly believed V 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

Benbow

(29)

NSWSC [1472]

R A Hulme J

20.11.2009

Unlawful and dangerous

Assault - general

PG

Manslaughter

AOABH

Prior convictions including violence – breached bail

7y 6m

NPP 4y 6m

 

FT 3m

(concurrent)

 

After drinking with two friends fell asleep on bed – When prodded awake with cricket bat grabbed bat and assaulted one male with bat in sustained attack – struck second male with bat – claimed no memory due to drinking and serapax – spontaneous, unreasonable and irrational response

Longstanding substance abuse

Gloginya

(41)

NSWSC [1435]

McCallum J

16.12.2009

Unlawful and dangerous

Assault - domestic

PG

Record for lesser offences of violence – no offences since 1998

7y 8m

NPP 4y 9m

 

Strangled 56y male – sharing residence and carer for V but had taken recent steps to end responsibilities – spontaneous offence – circumstances of killing unclear

Suffering brain injury

Young

(22)

NSW CCA [298]

18.12.2009

Unlawful and dangerous

Fight

Motor vehicle

PG

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

Shepherd

(31)

NSWSC [154]

RA Hulme J

5.3.2010

Unlawful and dangerous

Assault – domestic

Young child

PG

Record including assaults

7y

NPP 4y 6m

 

Killed 4m son – had sole care of child after mother died – death caused by blunt force injury to head – accepted handling of child on occasion too rough on more than one occasion – threw child onto bed in frustration - no experience in caring for children and inadequate knowledge – caused fractured ribs on different occasion – offence in lower range

Difficult and traumatic childhood – suffering depression - strong remorse – good prospects of rehabilitation

Doolan

(43)

NSWSC [615]

Grove J

7.6.2010

Unlawful and dangerous

Stabbing - domestic

PG

Minor record – alcohol related

6y

NPP 3y 9m

 

Aboriginal female – stabbed partner – volatile relationship characterised by alcoholism and violence – both intoxicated – chased V with a knife who responded in joking manner – stabbed once in chest – failed to appreciate dangerous nature of knife – lower end of scale of seriousness

Distress and remorse – reasonably good prospects of rehabilitation

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

NLH

(18)

NSWSC [662]

RA Hulme J

17.6.2010

Unlawful and dangerous

Assault – domestic

Young child

PG

Nil

4y 2m

NPP 2y 6m

 

Killed 7 week old baby – blunt force injury to head - young mother of V and toddler – post natal depression – domestic violence by partner towards V in past

Remorse – good rehabilitation prospects.

LC

(32)

NSWSC [815]

Hidden J

6.8.2010

Unlawful and dangerous

Assault – domestic

Young child

PG

Manslaughter (diminished responsibility)– killed stranger at brothel – breached parole

14y 6m

NPP 10y 6m

 

Killed 13m stepson – Held baby around the neck and shaking and choking him violently – Threatened mother with knife when she attempted to intervene – threw child on mattress and stomped on chest - Prior assaults over previous five months – slapped, shook, choked and punched baby on four prior occasions – impulsive offence

Aboriginal with difficult childhood – drug and alcohol abuse -

AJC

(17)

NSW CCA [168]

8.9.2010

(2010) 207 A Crim R 307

Unlawful and dangerous

Assault – general

Juvenile

PG

nil

2y 6m

NPP 18m

PD

AA

3y

NPP 1y 9m

PD

Single punch to 20y male at show – been advised by co-accused that V had tried earlier to fight physically vulnerable youth – followed V and delivered unexpected punch to head – no provocation or opportunity for self defence – innocent V – impulsive attack of immature youth - committed in presence of child under 18y – below mid-range

Genuine and deep remorse – very early guilty plea – voluntarily surrendered to police – assistance in relation to co-accused – publicly named by newspaper - Discount for assistance excessive

West

(18)

NSWDC

Finnane DCJ

14.9.2010

 

NSW CCA [91]

14.4.2011

Unlawful and dangerous

Stabbing – domestic

Fight

PG

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.

Horton

(27)

NSWSC [1007]

Davies J

16.9.2010

Excessive self defence / unlawful and dangerous

Stabbing - general

PG

Record including violence – breached bond for assault offence

4y 3m

NPP 2y

 

Stabbed V with V’s knife during drug deal – V had first stabbed offender three times leaving knife in shoulder – stabbed once only - element of provocation – unlawful and dangerous act – bottom of range – disposed of V’s car keys

Drug and alcohol addiction – depression – genuine remorse

Duncan

(44)

NSWSC [1241]

Hidden J

29.10.2010

Unlawful and dangerous

Stabbing - domestic

PG

Minor – PCA offences

3y

NPP 1y 4m

 

Female stabbed partner once in abdomen – V came home from party, pushed offender out of bed and started argument over text message – offender grabbed knife in fear he would continue assault – impulsive response in heat of argument - history of physical and verbal abuse – immediate remorse

Excellent work record in welfare area – excellent prospects of rehabilitation

Sutton

(19)

NSWSC [1273

Adams J

4.11.2010

Unlawful and dangerous

Assault – domestic

Young child

PG

minor

4y

NPP 2y

 

Caused death of 6m daughter through improper handling that a reasonable person would have known carried appreciable risk of harm – nature of assault unclear – probably shaking - no prior violence – ‘this act of violence was an isolated aberration inconsistent with the offender’s character, in all likelihood a single unpremeditated act of momentary frustration and lack of control in ignorance of the potential for significant injury’

Remorse – very good prospects of rehabilitation – strict protection

SS

(40)

NSWSC [1169]

Kirby J

5.11.2010

Unlawful and dangerous

Arson

PG

Minor offences

6y 7m

NPP 3y

 

Female set fire to house in attempt to commit suicide – rescued by partner who died from burns – intoxicated and upset at time of offence

Suffered serious burns – troubled background and chaotic life with drug and alcohol abuse and mental disorders – previously set fire to bedroom in similar manner being rescued by neighbours – good prospects of rehabilitation

Sparks

(26 at offence – 49 at sentence)

 

 

 

 

 

D Stracey

(26 at offence – 49 at sentence)

 

NSWSC [1512]

10.12.2010

Unlawful and dangerous

Assault – general

Motor vehicle

PG

Mansl

Rob in Co

AR

 

Sched:

3 offences

 

 

PG

Mansl

Rob in Co

 

Sched:

2 offences

 

 

Lengthy record including recent charges

 

 

 

 

 

 

Numerous offences until 1993

Manslaughter:

6y 9m

NPP 3y 6m

 

Total:

7y 10m

NPP 4y 6m

 

 

5y 3m

NPP 2y

(concurrent)

 

Manslaughter offence committed 1987 – co-offenders drove van in front of female pedestrian and attempted to grab handbag – 40m later Stracey drive van past female pedestrian standing on island – Sparks reached out and grabbed handbag – 3mins later drove past female V and grabbed handbag – V struck head on kerb in attempt to resist robbery – abandoned van and stole car – took extensive steps to cover up involvement – offence opportunistic but part of pre-mediated pattern of criminal behaviour

Sparks robbed real estate with blood filled syringe and knife in 1997 – partial concurrence for this later offence

Sparks – disturbed childhood – poly drug abuse – drug affected at time of offence – genuine remorse

Stracey – rehabilitation from drug abuse in early 1990s – supportive family

Colley (No.4)

(18)

NSWSC [1475]

Rothman J

17.12.2010

Joint criminal enterprise

Unlawful and dangerous act

Assault - domestic

VG

nil

4y 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

Quealey

(29)

NSWSC [42]

Hall J

11.2.2011

Unlawful and dangerous

Stabbing - domestic

VG at murder trial

Record - Breached bond

6y

NPP 3y 6m

 

Stabbed de facto husband in thigh during argument – single stab - V behaved in aggressive manner – unplanned offence

Both had chronic substance abuse problems – difficult and abusive childhood

Pirini

(21)

NSWSC [1395]

RA Hulme J

18.3.2011

 

Co-offenders:
LA ROSA

AOULI

COSTA

MENZIES

Joint Criminal Enterprise

Stabbing / Assault – general

Fight

Unlawful and dangerous

PG

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

Bugmy

(27)

NSWSC [357]

McCallum J

7.4.2011

Unlawful and dangerous

Stabbing - domestic

PG

Breached parole for mal wounding of different de facto partner – appalling record of violence against de facto partners

8y 3m

NPP 5y 6m

 

Stabbed de facto partner in back – heavily intoxicated – use of weapon

Drinking problem – breached condition of parole not to drink – breached apprehended violence order - psychosocial deprivation, alcohol and cannabis dependence, four year history of petrol sniffing and very low intelligence

NR

(16)

NSWSC [280]

Garling J

15.4.2011

Unlawful and dangerous

Assault – domestic

Juvenile

VG

At murder trial

nil

7y 6m

NPP 4y 6m

 

Struck 19y male sitting chair in abandoned house from behind with piece of wood to head – angered at relationship between V and offender’s ex-girlfriend – intended to have fistfight – picked up piece of timber close to entering house and while in distressed state of mind – became distressed prior to offence when realised close friend had died traumatically in area - unusual strength and hardness of wood not known to offender – intended to provoke fight not cause serious injury - panicked and refused to allow ambulance to be called for 30mins – offence involved a weapon and was committed in presence of others aged under 18y

Offer to plead to manslaughter rejected – 25% discount given – remorse – very good prospects of rehabilitation

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

Fight

Unlawful and dangerous

PG

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

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

Fight

Unlawful and dangerous

PG

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

Fight

Unlawful and dangerous

PG

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

Scott

(36 at offence – 44 at sentence)

NSWSC [70]

Buddin J

17.2.2012

Unlawful and dangerous

General

VG at murder trial

Record – not significant

7y 6m

NPP 4y 6m

 

Killed female acquaintance - time, cause and place of death unknown – remains found 5 years later – acted to conceal body – both V and offender drug addicts

Dean-Wilcocks

(23)

NSWSC [107]

Garling J

24.2.2012

Unlawful and dangerous

Assault - general

VG at murder trial

 

25% for offer to plead

 

7y 6m

NPP 4y

 

Sustained chase and assault of male stranger in late 60s on street in early hours of morning – tackled him to concrete path and body slammed prone V twice – caused multiple injuries to skull, brain, neck and ribs – offender returning from city very intoxicated – motivated by racial prejudice against Asians – vulnerable V – spontaneous offence

Good character – good prospects of rehabilitation

Menzies

(26)

NSWSC [158]

RA Hulme J

2.3.2012

 

Co-offenders:
PIRINI

AOULI

LA ROSA

COSTA

Joint Criminal Enterprise

Stabbing / Assault – general

Fight

Unlawful and dangerous

VG

Affray

 

PG

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

Humphries

(25)

NSWSC [419]

RA Hulme J

1.5.2012

Unlawful and dangerous act

Assault – general

Accessory

PG

Nil

6y

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.

Li

(22)

NSWSC [477]

Adamson J

11.5.2012

Unlawful and dangerous

Assault - domestic

PG

 

Mansl

Agg Rob

8 x Obtain money by deception

Nil

Total sentence:

12y

NPP 8y 6m

 

(Manslaughter:

10y 6m

NPP 7y)

 

V (63 year old male) had met with A for sexual encounters on various occasions – A met with V at V’s home – V found days later bound and gagged in such a way that V had died by asphyxiation – A had beaten and bound V and left him abandoned – taken V’s ATM cards – made number of withdrawals using V’s ATM card totalling $7k – did not check to see whether V was alright.

Student from China - Support form family.

Williams

(26)

NSWSC [520]

Hidden J

18.5.2012

Unlawful and dangerous

Assault - general

PG

Agg driving cause death; high-range PCA

6y

NPP 3y 9m

 

Struck V to side of head with baseball bat – V died from severe brain injury – A had no ill-will towards V who was an innocent bystander – A was angry with G because G had called police about behaviour of A’s father – armed with baseball bat to confront G – V and others were there to help G – A impulsively struck V as he was approaching - went to work following day – initially denied matter to police.

Spontaneous impulsive offence.

Dysfunctional childhood – supportive grandparents and sister – rehabilitation prospects – remorse.

Braddon

(36)

NSWSC [662]

15.6.2012

Unlawful and dangerous

Assault - domestic

PG

Not relevant

5y 6m

NPP 3y

 

Assaulted neighbour with piece of wood.

Mental illness Bipolar disorder – reasonable rehabilitation prospects.

Remorse.

Aslett

(22)

NSWSC [711]

Harrison J

29.6.2012

 

Co-offender:
WA

Joint criminal enterprise

Fight

Shooting - general

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

Fight

Accessory

PG

 

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

Fight

Shooting - general

VG

at murder trial

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

JC

(17)

NSWSC [1393]

Barr AJ

19.10.2012

Unlawful and dangerous

Juvenile

Stabbing - domestic

PG

nil

5y 6m

NPP 3y

 

Female – stabbed 16y brother of de facto at offender’s flat – reason for killing unclear – spontaneous offence

Troubled background – drug and mental health problems – probably in dissociative state at time of killing – remorse – chronic physical illness

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

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.

Castle

(54)

NSWSC [1603]

RA Hulme JA

20.12.2012

 

Unlawful and dangerous

Assault - general

PG

Armed rob, demand money, drugs, assault.

7y 6m

NPP 5y 8m

 

Single punch - 1998 offence – cold case - robbery of female V at Newtown – V at ATM, during struggle A punched V causing V to fall – A’s image caught on CCTV at ATM but denied involvement – DNA much later found in 2008 under V’s fingernail – A tricked into confessing to undercover police officer and DNA matched.

Drug abuse – depression - Lack of empathy towards V.

O’Brien

(19)

 

 

 

 

McManus

(19)

 

 

 

 

Williams

(23)

 

 

NSWSC [1503]

Price J

7.12.2012

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

Leung

(52)

NSWSC [259]

Price J

28.3.2013

Unlawful and dangerous

VG

Nil

8y

NPP 4y 6m

 

Hit male V (71 years) with juicer following argument – had been in relationship with V - struck V with the juicer container in the area of the chin and mouth causing V to fall onto the back of his head causing brain injury and death.

Third trial – twice previously directed acquittals at trial.

Special circumstances – adverse psychological effects of third trial - physical disability.

Good character – no remorse.

Forrest
(22)

NSWSC [377]

Fullerton J
19.4.2013

Unlawful & dangerous

Young child

Assault - domestic

PG

Drugs, assault

8y

NPP 6y

 

In relationship with V’s mother – V aged 4 – gave V a bath – repeatedly struck V to head, face and nose causing serious head injuries - struck V in abdomen – position of care and trust – considerable assault but not sustained or premeditated – affected by drugs.

Amphetamine use – dysfunctional upbringing – poorly educated – prone to violent outbursts.

Kain

NSWSC [638]

Adams J
24.5.2013

Unlawful and dangerous

Assault domestic

Strangled

PG

Nil

6y 9m

NPP 4y

 

Strangled mother following argument – had lived together – A immediately called his sister and confessed.

Offence out of character - A suffered dementia - state of mind likely to have prevented A from truly appreciating the likely outcome of his actions - cognitive impairment caused by A’s brain damage caused delay in processing information – dementia caused A to lose control in the extent of violence inflicted.

Special circumstances – alcohol addiction and dementia.

Madden(50)

NSWSC [710] 4.6.2013

Hidden J

Unlawful and dangerous

Arson

PG

Not significant

7y

NPP 4y

 

Lived with V (male) and another male P – Following argument between V and P, A threw methylated spirits on V’s coat and ignited it with a cigarette lighter – V collapsed almost immediately – A then left – all chronic alcoholics – A severely intoxicated at time.

Most likely mechanism of death is that V suffered some form of cardiac arrest upon, or immediately following, having been set on fire.

Rehabilitation – remorse – alcoholism.

Brown (23)

 

Judgment cited as: Sutcliffe & Ors NSWSC [715]

Grove AJ 7.6.2013

Excessive self defence

Unlawful and dangerous

Stabbing general

Accessory

VG

Reckless GBH.

 

5y

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)

 

 

NSWSC [894]

Rothman J
5.7.2013

 

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

Abbas
(18)

NSWSC [1379]

Beech-Jones J 20.9.2013

Unlawful and dangerous

Shooting - general

PG

(25%)

Mansl

 

AOABH in Company

 

Possess prohibited pistol

 

Sched:

Possess ammo

minor

11y

NPP 7y

 

Total:

8y

NPP 3y

 

Attended home of friend carrying prohibited pistol to confront male acquaintance over drug debt – assaulted male to head – pistol discharged killing friend of offender

Loveridge(19)

NSWSC [1638]

Campbell J 8.11.2013

Unlawful and dangerous

Assault - general

PG

Mansl

4 x Assault

AOABH. On cond liberty.

Total:

7y 2m

5y 2m

 

Punched V in face (king-hit) in Kings Cross - V fell suffering massive skull fracture and brain injury – assaulted other Vs prior to and following this attack – had been out drinking with friends.

Youth – remorse – rehabilitation.

Difficult upbringing.

Phanekham No.3

(36)

[2014] NSWSC 508

Beech-Jones J

 

[2015] NSWCCA 295

Unlawful and dangerous

Stabbing - General

VG

(murder trial – 10% for offer)

assault, possess drugs

8y

NPP 6y

ADStabbed V in abdomen following confrontation – V was intoxicated and argumentative.

JP

(15)

[2014] NSWSC 698

Hall J

Unlawful and Dangerous

Assault - general

Juvenile

VG

(murder trial)

Nil

10y

NPP 7y

 

Attended party uninvited - part of deliberate and unprovoked attack by six members of group on male guest – during sustained assault struck Victim over head with bottle causing death

Suffering intellectual disability

Salcedo

(24)

[2014] NSWSC 1099

Adams J

Unlawful and dangerous

Assault – domestic

VG

(murder trial - 15% for offer)

Record including low level violence – breached suspended sentence and bail

4y

NPP 2y

 

Pulled and twisted scarf on girlfriend as she tried to stop him leaving unit – caused compression of blood vessel but no other injury – moderate force only - no argument – victim highly intoxicated on amphetamines significantly contributing to death - very unexpected death – did not intend any harm – well within lowest range

History of psychotic symptoms and schizophrenia – drug use - reduced moral culpability and general deterrence but increased focus on personal deterrence

Bryce

(41)

[2014] NSWSC 1184

Beech-Jones J

Unlawful and dangerous

Assault - domestic

VG

(murder trial)

Lengthy record including conviction for assault on former partner – breached bond

8y

NPP 6y

 

Assaulted female partner in their unit - subdural haematoma – no evidence as to how injury caused – offender did not realise assault dangerous – failure to obtain medical assistance aggravating factor although not aware injuries life threating

Dysfunctional people in dysfunctional relationship – history of violence by both parties

Wood

(30)

[2014] NSWCCA 184

Unlawful and dangerous

Assault - general

PG

(5%)

AOABH, assault, obstruct officer, assault officer

6y 8m

NPP 5y

Crown AA

11y 4m

NPP 8y

Pushed elderly female V (aged 71) for being in his way while riding his bike – V fell to ground hitting head and died as a result – unprovoked, aggressive offence.

Aboriginal background – previous assault committed in similar circumstances

Robertson

(44)

[2014] NSWSC 1401

Harrison J

 

[2015] NSWCCA 251

 

 

 

Co-accused:

McArthur (Murder)

Unlawful and dangerous

Joint criminal enterprise (driver – stayed in car)

Stabbing - general

PG

(15%)

 

10y 8m

NPP 8y

AD

Part of a joint criminal enterprise involving an unlawful and dangerous act, namely to "rough up" or assault the deceased in return for payment -  A drove M to place where V worked –A stayed in car -  M stabbed V in chest killing him – V was a 15 year old boy – M mistook V for V's father – M had been asked to 'rough up'/assault a person for payment in drugs – M had never seen V or V's father before.

No knowledge M armed with knife/weapon or that he would kill or inflict GBH.

Rehabilitation prospects – good family support – no previous violence

Hunter (No 15)

(37)

[2014] NSWSC 1456

Button J

Unlawful and dangerous

Joint criminal enterprise

Assault

Fight

VGViolence offences; lengthy

8y

NPP 6y

 

Fight on street with V and others – V hit A with metal pole on head – A and others left scene – A returned with 2 others and brutally assaulted V with weapons – V hit on forehead – died a few days later - avenge attack – planned – small degree of provocation by V

A's cognitive functioning affected to a limited degree at time of the offence by blows to A's head - Disadvantaged deprived background – Aboriginal

D'Ambrosio

(50)

[2014] NSWSC 1685

Adamson J

 

Unlawful and dangerous

Joint criminal enterprise

Assault - general

PG

(10%)

Drug offences. On parole.

9y  10m

NPP 7y 5m

 

A who was threatened with violence by V due to his non-payment of a drug debt arranged for group of men to come to A's residence at time appointed for repayment to protect him - V struck by mallet and baseball bat - A orchestrated conflict that led to V's death – planning and deliberation - limited remorse.

Criminal history began late in life - result of resorting to drugs and inability to overcome addiction.

Field

(39)

[2014] NSWSC 1797

Fullerton J

 

[2015] NSWCCA 332

Assault – general

Unlawful and dangerous

Fight

VG

(murder trial)

nil

10y

NPP 7y 6m

AD

Single one punch - 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

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 offences

5y 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)

nil

10y

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

Matthews

(40)

[2015] NSWCCA 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

VGNil

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

Lambaditis

(33)

[2015] NSWSC 746

Hall J

 

[2016] NSWCCA 117

Unlawful and dangerous

Assault – general

PG

(25%)

 

Sched:

AOABH

Mid-range PCA

9y

NPP 6y 9m

 

Intoxicated male walking street late at night – punched male stranger in response to perceived negative comment – punched to head by second male – punched second male to head causing death – cowardly and unprovoked response – offender wholly responsible

Remorse – reasonable prospects of rehabilitation

Bouggas

(32)

[2015] NSWSC 914

McCallum J

Unlawful and dangerous

Assault - general

PG
(20%)
Minor drug and assault matters – breached parole

8y

NPP 5y

 

Argued with male acquaintance over stolen tablets – pushed lifted and pushed victim against ledge of balcony six stories high – victim fell over balcony – did not foresee or intend fall

Long history of drug and alcohol abuse – deep remorse – good prospects of rehabilitation

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

McNeil

(25)

[2015] NSWSC 1198

Johnson J

Unlawful and dangerous

Assault general

VG

(murder trial – 25% for offer)

 

AOABH

Assault

Record including violence

9y

 

Total:

10y

NPP 7y 6m

 

Intoxicated in Kings Cross New Year's Eve – after run in with three youths selling drugs hit and kicked one youth – mistakenly believed male stranger part of group and punched him once to head causing death – punched victim's brother

Genuine remorse – drug and alcohol history – some evidence of rehabilitation

Duffy (No.7)

(34)

[2015] NSWSC 1321

Davies J

 

 

 

 

Cooffender:

Evans

[2015] NSWSC 254

Davies J

Unlawful and dangerous

Strangled

Accessory

VG

Mansl

 

PG

(25%)

Steal from dwelling house

Contravening domestic violence restrictions, break and enter, behave offensive manner.

12y

NPP 8y

 

FT 2y

 

Total:

12y 8m

NPP 8y 8m

 

Assisted in killing - Female co-offender strangled/choked V with belt around her neck while A held V down - co-offender charged with murder - V had met co-offender at hotel – V invited A, co-offender and others to her parents' place – all parties affected by drug and alcohol– V killed after sexual involvement with A –V buried in shallow grave at property – guns and other property stolen from property after killing - not premeditated – spontaneous killing.

Above mid-range of objective seriousness.

No psychiatric or psychological issues - drug and alcohol abuse – lack of remorse – poor prospects of rehabilitation – continued illicit drug use in custody - Supportive family.

RC

(46)

[2016] NSWSC 98

RA Hulme J

Unlawful and dangerous

Assault - general

Accessory

PG

(40% - plea and assist)

Mansl

 

Rob in Company

Extensive record although minor violence – breached parole

5y

NPP 3y 7m

 

Joint plan between four offenders - Victim lured by co-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

Co-offender pleaded to rob in company

Wang

(23)

[2016] NSWSC 222

RS Hulme AJ

Unlawful and dangerous

Stabbing – domestic

VG

(murder trial – 17.5% for offer)

Nil relevant

6y 6m

NPP 4y 6m

 

Good friend of victim and shared unit – after night of drinking in the unit with friends argued with victim – retrieved knife from room and fatally stabbed victim in leg – cause of argument unclear

Genuine remorse

Tanks

(44)

[2016] NSWCCA 519

Mathews AJ

Unlawful and dangerous

Assault - general

VG

(20-25% for offer)

 

PG

AOABH

Extensive. Drug offences.

7y

NPP 4y

 

AOABH - 6m

 

Total:

7y 3m

NPP 4y 3m

 

Unprovoked assault upon V – had been drinking together in group – V died of irreversible brain damage 10 days after assault.

Drug abuse.

Merrick (No 5)

(32)

[2016] NSWSC 95

Unlawful and dangerous

Assault - domestic

VG 

11y

NPP 8y 3m

 

A struck girlfriend with blow to the head - led to V's death two weeks later – violent relationship.

Family support - hard-working background – prior good character.

Khan

(46)

[2016] NSWSC 1073

Fullerton J

Explosion

Unlawful and dangerous

VG

Murder

2 x Mansl

2 x s.25

s.197(1)(b)

Nil

Indicative:

Murder

30y

NPP 22y

 

Mansl:

20y

NPP 15y

 

Agg Sentence:

40y

NPP 30y

 Lessee of shop caused explosion intending to use insurance money to escape debts (s.197(1)(b) set fire to property for financial gain) – killed male residing in unit above shop (murder) and mother and baby residing in unit above adjoining shop (manslaughter) – two males also residing in unit above shop injured escaping explosion

BH

(17)

[2016] NSWCCA 290

Unlawful and dangerous

Assault – general

Single blow

PG

(25%)

Assault with intent to rob, Rob in company, acts of threatened / actual violence.  On probation.

5y 3m

NPP 3y 11m

AD

Single punch – killed V, 60 year old male, during altercation at shopping mall – motivation for offence:  responded in anger to racial slur by V or out of fear.

Difficult upbringing - borderline intellectual disability – ADHD.

Jones

(22)

[2017] NSWSC 19

Harrison J

Unlawful and dangerous

Assault - general

Single blow

PG

(15%)

Not significant – no violence – breached conditional

10y

NPP 6y

 

Punched male stranger once to head – victim remonstrating over offender's driving – unprovoked – spontaneous but completely unreasonable response – drove off and sought to disguise car – below mid-range

Genuine remorse – good prospects of rehabilitation

 


 

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