Legal Research > Sentencing Tables

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

 

Murder - Attempt

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

Standard Non-Parole Period (offences committed on or after 1.2.2003) – 10 years

Case
Offence
Plea
Sentence
Appeal
Record
Attempt Type
Facts

Sindoni
(44)
NSW CCA
27.4.1993

s.27

VG

MT 6y
AT 2y

AD

Nil

shotgun

Shot 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

PG

MT 1y 6m
AT 3y 6m

Crown AA
MT 3y 6m
AT 3y 6m

nil

strangle

Abducted 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.27

PG

MT 5y
AT 4y

AD

Nil

stabbing

Stabbed sleeping wife repeatedly.
Disturbed and violent family background. Emotionally disturbed.

Cool
(25)
NSW CCA
2.6.1994

s.27

Sched:
4 offences

VG

MT 7y
AT 3y

AD

manufacture amphetamine, obtain benefit by deception

stabbing

Stabbed 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.27

VG

MT 8y
AT 2y 8m

AA
MT 7y
AT 3y 8m

nil

stabbing

Stabbed 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.27

VG

MT 7y 6m
AT 2y 6m

AD

Criminal record - time spent in gaol

gunshot

V invited to offender's shop and shot by a co-offender.

Papalia
(20)
NSW CCA
18.7.1996

s.27
SMV

PG

MT 9y
AT 4y
(1y concurrent)

AD

assault, armed rob in company, armed rob

gunshot

Hired 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.27

PG

MT 5y
AT 2y

AD

nil

stabbing

Ejected 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 murder

PG

MT 2y 9m
AT 3y

Crown AA
MT 5y
AT 4y

nil relevant

poison

Attempted 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.27

PG

MT 9y
AT 6y

AA
MT 7y
AT 6y

not stated

stabbing, assault

Picked 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.27

PG

MT 15y
AT 5y

AD

includes possess shortened firearm

shot victim in face

Attacked 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.27

PG

16y
NPP 12y

AA
15y
NPP 11y

nil - breach of apprehended violence order.

stabbed

Stabbed 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

PG

19y 8m
NPP 14y 9m

AD

nil

threw petrol over victim and set victim alight

Threw 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.27

VG

9y
NPP 5y

AD

nil

hit with bottle

Attack 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.27

PG

7y
NPP 3y 6m

serious post offence record

assault

With 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.29

PG

4y
NPP 2y 6m

AD

Prior assault on ex-wife

Strangled

During 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

VG

Attempt Murder:
18y 6m
NPP 14y

Total:
24y 6m
NPP 20y

Priors for violence - breached parole

Assault

Broke 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)

PG

Attempt Murder
20y 6m
NPP 15y 3m
(other sentences concurrent)

AD

Assault

SNPP 10y
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

McLaren

(55)

NSWDC [115]

Berman SC DCJ

15.6.2011
s.30 PG 8yNPP 5y AA

5y

NPP 3y
nil

Placed victim in perilous position in bed

SNPP 10y

Male carer attempted to kill male patient suffering from motor neurone disease – sought to escape from responsibilities of constant care – lowered bed hoping victim would suffocate – ignored suffering of victim for many hours – slightly below mid range

Suffered mental illness for many years.

CCA – Court heard new evidence of severely impaired mental state at time of offending
Windle

(21)

NSW CCA [222]

16.10 .2012
s. 29 PG 7yNPP 2y 6m Crown AA

5y 4m

NPP 4y
No details provided. Strangle SNPP 10y

Attacked fellow inmate in gaol - Attempted to strangle V in showers by putting sock around V’s neck and pulling it tight – V fell unconscious to floor – no explanation as to why V attacked – impulsive, not planned – voluntary disclosure of intention to kill.

Mental illness

Cvetkovic

NSWCCA [66]

3.4.2013

s.27

VG

17y 4m NPP 13y

AD

 

Stabbing

SNPP 10y Attacked former wife with gyprock saw – stabbed V numerous times – could not accept relationship had ended – relationship had history of domestic violence and death threats. High range objective seriousness

Wiiliams

NSWCCA [168]

13.7.2013

s. 27

 

Sched:

s.195(1)(b)

PG

10y

NPP 7y

Application for ext’n of time to appeal refused.

BES, obtain money by deception

Stabbing

SNPP 10y Manipulated D into stabbing V. Offence occurred in 2008 – ‘contract killing’ - A obtained employment at caravan park where L was manager - L approached A about killing V, her former partner - A initially refused to find someone to kill V but agreed when L persisted, A fearing he would lose his job and the house he had access to at the park - A then manipulated D to kill V by falsely telling D that V was a paedophile – D stabbed V numerous times. Motivated by financial reward – planning – organisation Between mid-range to top of range objective seriousness. Remorse

George

(30)

NSWCCA [263]

12.11.2013

s. 27

PG

15y 2m

NPP 11y 5m

AD

 

Shot

SNPP 10y

In relationship with V, female aged 24y – A shot V in head – long-lasting debilitating injuries to V

Abusive and violent upbringing - schizophrenia

DS

NSWDC [7]

14.2.2014

Haesler SC DCJ

s.27

PG

(25%)

10y 6m

NPP 6y 6m

 

 

 

SNPP 10y Formulated plan to kill ex-husband of current partner – believed partner’s allegation that victim had sexually abused daughter – after V dropped children off at childcare deliberately collided with V’s car then stabbed him 4 times – above mid-range Bi- polar disorder

Betts

(35)

[2015] NSWCCA 39

s.27

s.86(2B)

​PG16y

NPP 11y

​AD​Nil

SNPP 10y
Stabbed repeatedly ex-girlfriend –  would not allow V to leave apartment - stated they should die together – V suggested she should also stab him so that she might escape – A suffered substantial injuries himself - profound jealousy at break-up

Sustained & determined attempt to kill - very serious example of its type – Planned – intent to kill.

Shine

(58)

[2016] NSWCCA 149

​s.27​PG

(CCA – 25%)

​12y

NPP 7y 6m

​AA

9y

NPP 5y

​Nil​Stab​Standard Non-Parole Period – 10 years

Stabbed male V in back and neck while V asleep in bed – A believed he was protecting V's wife from being harmed by V – V ran outside – A obtained a second larger knife and slashed V's face – V suffered life threatening injuries.

Psychotic illness which involved delusional beliefs and a grossly disturbed capacity for logical thinking - affected A's ability to recognise actions wrong.

Hitchcock

(26)

[2016] NSWCCA 226

​s.27​PG

(10% + 5% for assist on appeal)

​12y

NPP 8y

​AA

9y

NPP 5y

​Minor​Stab

Standard Non-Parole Period – 10 years

Stabbed male V in 6 times in park in front of children – ex-partner of co-accused – significant degree of planning

Significant cognitive functioning issues – easily manipulated by co-accused  - some remorse