Legal Research > Sentencing Tables

Murder - Attempt

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



s.27 Administers to, or causes to be taken by, any person any poison, or other destructive thing, or by any means wounds, or causes GBH to any person with intent to murder: 25 years.

s.28 Set fire to any vessel, or any chattel therein, or any part of her tackle apparel or furniture, or casts away or destroys any vessel, or by the explosion of gunpowder, or other explosive substance, destroys, or damages any building, or places or throws, any matter or thing upon or across a railway, or removes, or displaces any sleeper, or other things belonging to a railway, with intent to murder: 25 years

s.29 Attempts to administer to, or cause to be taken by, any person any poison, or other destructive thing, or shoots at, or in any manner attempts to discharge any kind of loaded arms at any person, or attempts to drown, suffocate or strangle any person with intent to murder: 25 years

s.30 By any means other than those specified in sections 27 to 29 both inclusive, attempts to commit murder: 25 years



Case
Offence
Plea
Sentence
Appeal
Record
Attempt Type
Facts
Sindoni
(44)
NSW CCA
27.4.1993
s.27VGMT 6y
AT 2y
ADNilshotgunShot brother-in -law a number of times when found out he had hit A's wife.
V gave evidence that he had forgiven D. Married with children. Hardworking. Offence out of character.
Tarrant
(18)
NSW CCA
11.5.1993
s.29 - Attempt strangle w/i murder

Sched:
Sexual int w/o consent
PGMT 1y 6m
AT 3y 6m
Crown AA
MT 3y 6m
AT 3y 6m
nilstrangleAbducted female - drove to isolated area - squeezed victim's throat until unconscious - left victim believing her to be dead - surrendered to police.
Roberts
(40)
NSW CCA
8.3.1994
s.27PGMT 5y
AT 4y
ADNilstabbingStabbed sleeping wife repeatedly.
Disturbed and violent family background. Emotionally disturbed.
Cool
(25)
NSW CCA
2.6.1994
s.27

Sched:
4 offences
VGMT 7y
AT 3y
ADmanufacture amphetamine, obtain benefit by deceptionstabbingStabbed sleeping stranger in neck from behind on a train. Knife penetrated 5cm, narrowly missing the jugular vein.
Alcohol and drug addiction.
Glencourse
(27)
NSW CCA
21.4.1995
s.27VGMT 8y
AT 2y 8m
AA
MT 7y
AT 3y 8m
nilstabbingStabbed girlfriend repeatedly after she rejected sexual advances, then stabbed himself.
History of some violence between them. Prior good character. Drug problems.
Alvaro
(52)
NSW CCA
30.11.1995
s.27VGMT 7y 6m
AT 2y 6m
ADCriminal record - time spent in gaolgunshotV invited to offender's shop and shot by a co-offender.
Papalia
(20)
NSW CCA
18.7.1996
s.27
SMV
PGMT 9y
AT 4y
(1y concurrent)
ADassault, armed rob in company, armed robgunshotHired to kill V who was having affair with wife of another man. Shot V in stomach and back leaving him a paraplegic. 'Worst type of attempted murder'.
Youth. Assistance to Crown. Protective custody.
Sinclair
(27)
NSW CCA
4.3.1998
s.27PGMT 5y
AT 2y
ADnilstabbingEjected from pub after argument with V. Went home, got knife, and returned to pub, stabbing V twice in stomach.
Intoxicated. Binge drinking problem. Took counselling at own initiative in gaol to address problem. Chronic fatigue syndrome at 18.
Thew
NSW CCA
25.8.1998
2 x s.27 - administer poison w/i murderPGMT 2y 9m
AT 3y
Crown AA
MT 5y
AT 4y
nil relevantpoisonAttempted to poison himself and two daughters (14m and 8y) in motor vehicle with carbon monoxide.
Depression. Remorse.
McCaffrey

Rowsell

NSW CCA [363]
23.11.1999
s.27PGMT 9y
AT 6y
AA
MT 7y
AT 6y
not statedstabbing, assaultPicked up 17y schoolboy hitchhiking. V beaten and tied up. Taken to bush in car boot, stabbed in back of neck and pushed down embankment. Both accused thought V had died. Both accused under influence of alcohol and drugs.
Manna
(23)
NSW CCA [314]
10.12.1999
s.27PGMT 15y
AT 5y
ADincludes possess shortened firearmshot victim in faceAttacked victim at supply truck, shooting him in face, chest and arms five times.
Abuser of illegal drugs including steroids.
Macadam-Kellie
NSW CCA [170]
9.5.2001
s.27PG16y
NPP 12y
AA
15y
NPP 11y
nil - breach of apprehended violence order.stabbedStabbed wife several times with bread knife outside Family Court.
Element of pre-meditation - depressive illness.
Rae
NSW CCA [545]
12.12.2001
s.27

Sched: AOABH
PG19y 8m
NPP 14y 9m
ADnilthrew petrol over victim and set victim alightThrew petrol over former girlfriend and set her alight - burns to 93% of her body. Neighbour who tried to assist victim received burns to 10% of his body (Schedule offence). Worst case.
Appellant intelligent and accomplished.
Quach
(42)
NSW CCA [173]
15.5.2002
s.27VG9y
NPP 5y
ADnilhit with bottleAttack on wife - hit her on head with bottle repeatedly, tied legs and gagged mouth - V lost blood and consciousness for some time.
Doan
(18)
NSWSC [345]
(Hidden J)
30.4.2003
s.27PG7y
NPP 3y 6m
serious post offence recordassaultWith group of male youths took 18y schoolboy from coffee shop - V assaulted and offender held legs during attempt strangle - V subsequently stabbed to death by co-offender - Limited role on day of offence - Scared of 2 co-offenders
Aged 25y at time of sentence - Vietnamese with disturbed and difficult background - Some hope for rehabilitation
Bell
NSW CCA [81]
7.3.2005
s.29PG4y
NPP 2y 6m
ADPrior assault on ex-wifeStrangledDuring argument with de facto wife attempted to strangle her - desisted when 11y son intervened - telephone police and admitted intent
Farmer
(36)
NSWSC [581]
Hall J
13.6.2008
s.27
s.86(1)(b)
s.198
VGAttempt Murder:
18y 6m
NPP 14y

Total:
24y 6m
NPP 20y
Priors for violence - breached paroleAssaultBroke into home during day - struggled with female occupant in bedroom - detained and sexually interfered with complainant - complainant taken to garage and severely assaulted with fibro-cutters - doused complainant and house with petrol - set fire to house using electric toaster and gas oven - motivated by desire to avoid apprehension
Little
NSW CCA [210]
22.9.2010
s.27
3 x s.58 (assault prison officer)
PGAttempt Murder
20y 6m
NPP 15y 3m
(other sentences concurrent)
ADAssaultStandard Non-Parole Period - 10 years
Attacked prison officer while being escorted through prison complex - punched, kicked and stomped on unconscious victim causing long-term physical and neurological damage - - threatened and abused three other prison officers