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 - s.19A - Wife/Girlfriend Killings   

Standard non-parole period (offences on or after 1.2.2003):  20 years

Standard non-parole period (offences where conviction entered or plea of guilty made on or after 1.1.2008)

Where the victim was a child under 18 years of age: 25 years

Other cases:  20 years 

NAMEDATEPLEASENTENCEAPPEALRECORDHOW KILLEDINVOLVEMENT & SUMMARY
MIDDIS
(30)

NSWSC

Enderby J
6.5.1991

PG

(day 7 of trial)

MT 12y
AT 3y
 minor

strangled

intent to kill

Strangled wife - degree of provocation.

Intellectually handicapped - gave evidence for Crown.

MILES

(18)

NSWSC

Mathews J 23.3.1992

 

NSW CCA

28.3.1995

VG

MT 12y 6m

AT 5y 6m

Conviction ADnilstabbedCrime of passion against ex-girlfriend.  Diminished responsibility rejected.
DUNDAS
(26)

NSWSC

Studdert J
15.4.1992

VGMT 11y
AT 5y
 minorstabbedStabbed de facto.  Provocation rejected (alcohol).
WEBB
(40)

NSWSC

B-Parker J
17.6.1992

PGMT 11y
AT 3y
 property offences, no violence

shot

intent to kill

Separated from wife after retrenched – threats to kill - travelled 6 months - purchased gun in Adelaide then travelled to Broken Hill and shot sleeping wife - only admitted guilt when weapon found.
DAVISON
(19)

NSWSC

Wood J
11.9.1992

PGMT 13y 5m
AT 7y
 nilstrangled / stabbedKilled girlfriend – V bashed, with fractures to head, & set alight when dead.
OBHOLZ
(43)

NSWSC

Abadee J 18.9.1992

VG

1 x murder
2 x mansl
7 x culp drive (GBH)
8 x AOABH

MT 16y
AT 8y
 Restraining order. Had been violent to victim

stabbed

intent to kill

Went to ex-girlfriend's office, locked her in & stabbed her savagely - deliberately drove into path of bus killing 2 & injuring 15 - premeditated. Murder with degree of cunning – jealousy - insanity & DR rejected - driving into bus attempted suicide.

ROBINSON

(53)

NSWSC

McInerney J

16.10.1992

VG

2 x murder

MT 14y

AT 4y

  

shot

intent to kill

Shot ex-wife and boyfriend. Killing of boyfriend pre-meditated, but not that of wife.
CAMERON
(37)

NSWSC

Newman J
16.10.1992

VGLife prior murder x 2assaulted and drowned in bloodLured female through radio ad for relationship. Similar offence committed previously
STRONG
(25)

NSWSC

Loveday J 2.12.1992

PG during trialMT 11y
AT 5y
 nilstabbedStabbed de facto wife whilst she was sleeping.
TWALA
(30)

NSWSC

Sully J

18.3.1993

 

NSW CCA
4.11.1994

VGLife

AA

MT 15y

AT 5y

nil

stabbed

intent GBH

Brutal stabbing of estranged wife.

Psychiatric history.  Diminished responsibility rejected.

CORRIGAN
(34)

NSWSC

Finlay J
15.4.1993

VGMT 16y 6m
AT 5y 6m
 nil

shot

intent to kill

Shot pregnant wife. Personality disorder with unmet dependency needs. Premeditated "with a degree of calculation".

HEO

(29)

NSWSC

Allen J
21.5.1993

VGMT 11y
AT 3y 8m
 lengthy

stabbed

intent GBH

Obsessed with V who rejected him
HUYNH
(27)

NSWSC

James J
19.7.1993

PGMT 10y
AT 4y
 nil

stabbed

intent to kill

Stabbing of ex-girlfriend.
BAKER
(46)

NSWSC

Newman J

6.8.1993

 

NSW CCA
20.9.1995

PG

6 x Murder
Attempt murder

LifeADminor

shot

intent kill

Murdered 6 people after breakdown of relationship with one of victims.
CHETCUTI
(47)
NSW CCA
24.12.1993
VG

MT 18y
AT 6y
ADnil

drowned

intent to kill

Killed estranged wife because feared she would win property case in Family Court case.  Forced her off road, kidnapped her, battered with rock then put her in lake (unconscious) believing she was dead.
EDWARDS

NSWSC

Hunt CJ at CL
25.3.1994

 

NSW CCA

2.8.1995

VGMT 11y 6m
AT 4y
Conviction ADnil

drowned

intent GBH

Drowned wife in bathtub after argument.

BERGER

(47)

NSWSC

Finlay J

21.3.1995

VG

MT 21y

AT 7y

 manslaughter x 2

smashed wine bottle over head

intent to kill

Killed de facto wife after argument.
TAYLOR
(55)
NSW CCA
18.4.1995
VG

MT 15y

AT 5y

ADnilshotShot wife of 29 years after she told him she was leaving him.
STREET

NSWDC

Dunford J

29.6.1995

 

NSW CCA

17.12.1996

VG

2 x Murder

LifeADviolence, sexual offencessuffocated / stabbedSuffocated wife.  Stabbed new female partner 12 weeks later.  Second V found in suitcase by police at A's premises during search regarding death of As wife.
CAPAR

NSWSC

Smart J

27.10.1995

VG

MT 11y 6m

AT 5y 6m

  

stabbed

intent GBH or kill

Stabbed wife after argument.  Depression.   Believed wife was having an affair.  Turkish background .

NIXON

(35)

NSW CCA

31.10.1995

PG

MT 13y 6m

AT 4y 6m

ADrecord of violencestrangledDuring argument with ex-girlfriend in bushland strangled her, leaving her in a shallow grave  Initial denial but then admitted when no other evidence.  Intoxicated by drugs & liquor. Distressed by end of relationship

HERRING

(43)

NSWSC

B-Parker J

4.12.1995

 

NSW CCA

24.11.1998

VG

MT 18y

AT 4y 3m

ADAOABH, dishonesty, mal. Damage

drowned

intent kill

Wife drowning.  Substantial insurance policy.  No contrition.

At first trial sentenced to life imprisonment but conviction quashed on appeal.

CHEUNG

(28)

NSW CCA

11.12.1995

PG

MT 13y 6m

AT 4y

AD

 

nilcut throat and stabbedKilled de facto as she was leaving him.
EVERETT

NSW CCA

13.12.1995

VG

MT 18y

AT 6y

AA

MT 16y

AT 5y

nil

burnt

intent GBH

Set wife on fire with petrol.  Original sentence at high end for "relationship" murder.
WHITE

NSWSC

Hidden J

11.10.1996

VG

MT 10y

AT 5y

 minor assaulted and strangled

Attack resulted from "passion arising from relationship".

Schizophrenic.

PANTOJA

(29)

NSWSC

Barr J

5.3.1997

 

NSW CCA

5.11.1998

VG

MT 13y 6m

AT 4y 6m

ADnil

Assault / strangulation

intent kill

Retrial. Murdered wife and sexually assaulted sister-in-law. Motivated by sexual passion for sister-in-law.

VELEVSKI

(29)

NSWSC

Dunford J

26.9.1997

 

[1999] NSWCCA 96

 

[2002] HCA 4

VG

4 x Murder

MT 19y

AT 6y

Conviction ADnil relevant

cut throat

intent to kill

Cut throat of wife, 6y daughter and 3m twins - left them in bedroom - deliberate killings involving considerable degree of planning.
NGUYEN

NSW CCA

20.3.1998

VG

Murder

 

PG

2 x mal wound

MT 9y

AT 5y

Conviction ADAVOstabbedAngered when wife planned to move with children. Splashed acid in face of daughter and friend. Stabbed wife six times. Stabbed daughter and friend. Issue at trial was diminished responsibility.

WHITMORE

(66)

NSW CCA [75]

24.7.1998

VG

MT 15y

AT 10y

ADAOABH

shot

intent kill

Shot dead lover when she threatened to leave. Some element of premeditation.

KINGI

(31)

NSWSC

Hidden J

18.12.1998

PG

MT 10y

AT 4y

 minor and irrelevantstabbed

Argued with estranged wife - she threatened to injure daughter. Obtained knife and iron bar from home and returned to kill wife. Dropped child at brother's house and went to police. Moved by 'anger and frustration' not 'revenge and hatred'.

Good rehabilitation prospects.

BARAC

(32)

[1999] NSWSC 61

Greg James J

PG

MT 20y

AT 10y

 mal wound with intent on first wife

stabbed

intent kill or GBH

Stabbed wife and dumped body in bushland.

LEONARD

(28)

[1999] NSWSC 510

Sully J

VG

MT 12y

AT 4y

 nil

shot

intent kill or GBH

Shot de facto during argument. Relationship strained and V had returned from sexual liaison with another man. Taunts as to sexual prowess.

Genuine remorse, threatened in gaol, attempted suicide, good prospects of rehabilitation.

BARRY

(41)

[1999] NSWSC 659

Newman J

 

[2000] NSWCCA 138

VG

Murder

Mal wound w/i GBH

MT 18y

AT 6y

ADnil

stabbed

intent kill or GBH

Stabbed wife in presence of stepdaughter (probably over access to children). Also wounded stepdaughter.

Violent childhood.

LEUNG

[1999] NSWSC 1108

Hulme J

VG

MT 14y

AT 4y

  

strangled

intent kill

Strangled wife during argument at home.

JANG

(57)

[1999] NSWSC 1153

Bell J

 

[2012] NSWCCA 55

PG

2 x Murder

MT 18y

AT 6y

AD

nil

offence breached AVO

stabbed

intent kill

Korean - stabbed wife during argument over immigration papers. Cut step daughter's throat. Culmination of arguments.

No remorse.

LEWIS

(62)

 

 

 

Co-offender:  ROSE

NSWSC

Ireland J

9.6.2000

 

[2001] NSWCCA 448

VG

2 x murder

LifeADnilshooting and stabbingParticipated in joint criminal enterprise with Rose in killing of de facto and her business employee - victims killed by Rose inside business premises - premises set on fire - contract killing.

SERRATORE

(22)

[2000] NSWSC 696

Kirby J

 

[2001] NSWCCA 123

VG

20y

NPP 14y

Conviction ADnil

assault

intent kill

Convicted of killing or arranging killing of girlfriend after she indicated intention to break off relationship. Decomposed body found several days after disappearance. Violent relationship.

Good prospects of rehabilitation. Retrial

PARK

(30)

NSWSC

Sperling J

3.8.2000

 

[2003] NSWCCA 203

 

[2003] NSWCCA 142

VG

3 x Murder

26y

NPP 19y 6m

Conviction AD

 

Crown AD

 

suffocation

intent kill

Suffocated wife and two infant children and dumped bodies in bushland. Highly charged emotional state at time of killing.

Some remorse; admissions shortened trial; protective custody

ELPHICK

[2000] NSWSC 977

G. James J

 

[2002] NSWCCA 273

PG

15y

NPP 12y

ADminor

boning knife

intent kill

Stabbed de facto in paroxysm of frustration and rage. Turbulent and violent relationship. Angered by V's refusal to give up drugs and prostitution.

Egocentric with little contrition for consequences of act; hope for rehabilitation; good worker

BOND

(51)

[2001] NSWSC 1059

James J

VG

30y

NPP 25y

 substantial - on parole at time of offence for manslaughter of female

stabbing

intent to kill

Stabbed 30y girlfriend three times at her home - not premeditated - no apparent motive - no history of violence in relationship - not pre-armed - severe attack.

Previous manslaughter of female a significant aggravating circumstance.

CIKOS

[2001] NSWSC 35

Dunford J

PG

(10-15%)

3 x Murder

21y

NPP 15y 6m

 nil

suffocation and assault

intent to kill

Killed de facto and sons aged 4 years and 18 months old. Passive man who endured months of aggression and abuse at hands of dominant de facto wife. Reacted to de facto's ultimatum that he kill de facto's friend by certain date.

Genuine remorse - 10-15% discount for guilty plea - strict protection

MATHESON

(27)

[2001] NSWSC 332

Howie J

VG

20y

NPP 15y

 little criminal record - prior assault in context of jealousy in relation to victim

shot

intent to kill

Shot former de facto in head while she was on ground. Angered V refused to reconcile.  Shortened rifle.  Pre-meditation.

Culpability reduced by personality disorders and depressive illness.

CHEATHAM

 

[2001] NSWSC 580

Grove J

 

[2002] NSWCCA 360

VG

2 x Murder

1 x Wound w/i to murder

24y

NPP 16y

AA

22y

NPP 14y

 stabbed

Stabbed wife and three year old daughter to death and attempted to stab baby to death - believed he was suffering from AIDS and had infected family.

Protective custody because worked in juvenile justice system. – Retrial after successful conviction appeal.

BALLANGARRY

(28)

[2001] NSWSC 642

Sully J

PG

(15%)

17y

NPP 11y

 prior convictions for assault

assault

at least intent to cause gbh

Bashed female to death during argument about her relationship with another man. Smashed her head against tiled verandah, and stomped on her head several times.

Aboriginal male - mild developmental disability, head injuries and alcohol induced brain damage - intoxicated at time of offence - sad and deprived background - remorse.

MAXWELL[2001] NSWCCA 362VG

MT 10y

AT 6y

ADinsignificantshooting

Shot estranged wife outside child care centre.

Obsessional, discursive, narcissistic and suspicious personality traits - in marked distress at time of killing.

HURLEY

(32)

[2001] NSWSC 1007

Levine J

VG

18y

NPP 13y 6m

 nil

assault and stabbing

intent to kill

Visited estranged de facto wife - assaulted her with wooden tool handle and hammer and stabbed her twice in chest.

Some history of mental disorder - profoundly affected by death

TOKI

(34)

[2001] NSWSC 1036

Howie J

 

[2003] NSWCCA 125

VG

24y

NPP 18y

AA

22y

NPP 16y 6m

lengthy criminal record including assault

assault

intent to kill

Beat de facto wife to death using piece of wood - extensive injuries inflicted - history of repeated violence against V - loss of self control

Genuine remorse - born in Cook Islands -

BADANJAK

(53)

[2001] NSWSC 1041

Greg James J

 

[2004] NSWCCA 395

PG

(15%)

16y

NPP 12y

ADprior record for violence against wifestabbing

Stabbed wife with kitchen knife - frenzy occasioned by anger - history of violence within relationship.

Some cognitive defects - Croatian - estranged from family

BOND

(51)

[2001] NSWSC 1059

James J

VG

30y

NPP 25y

 substantial - on parole at time of offence for manslaughter of female

stabbing

intent to kill

Stabbed 30y girlfriend three times at her home - not premeditated - no apparent motive - no history of violence in relationship - not pre-armed - severe attack.

Previous manslaughter of female a significant aggravating circumstance.

JOINER

(37)

[2001] NSWSC 1163

Whealy J

 

(2002) 133 A Crim R 90

[2002]NSWCCA 354

VG

18y

NPP 13y 6m

Conviction ADnil

assault

intent to do gbh

Viciously assaulted wife during argument – death caused by kicking or striking head with rock - Abandoned body in boot of car on street - Relationship characterised by violence on part of offender

PRIOR

 

[2002] NSWSC 56

Grove J

PG

(20%)

16y

NPP 12y

 prior convictions for drug offencesassault and strangulation

Bashed and strangled estranged wife to death when she ended relationship.  Buried in shallow grave.

Serious and long term drug addiction

HUNT

(69)

[2002] NSWSC 66

Dowd J

 

[2003] NSWCCA 301

VG

14y

NPP 10y

Conviction ADminor

stabbing

intent to kill

Chased girlfriend through caravan park and stabbed her many times - Volatile relationship due to alcohol - Some degree of forethought - Some degree of loss of control through drugs and alcohol

Aboriginal - Health problems including significant hearing loss- Age - Remorse - Borderline intellectual impairment

MILES

(27)

[2002] NSWSC 84

Hidden J

 

[2002] NSWCCA 276

PG

(10%)

25y

NPP 19y

Crown AA

Life

murderstabbing

Serving jail sentence for murder of girlfriend in 1990 when 18 years of age.  Escaped from prison to be with a new girlfriend.  Found her with another male.  Stabbed her in presence of her children.

Had been model prisoner.

MARTIN

(23)

[2002] NSWSC 577

Barr J

PG

(10%)

16y

NPP 12y

 included assaults on victim

assault

intent to kill

Assaulted ex de facto wife - Motivated by jealousy - Previously made threats to kill - Offence committed within 24h of being released after serving sentence for assaults on victim.

Aboriginal with deprived childhood resulting in early alcohol abuse - Feared retribution in custody - Some prospects of rehabilitation

MEHMET

(38)

[2002] NSWSC 1154

Bell J

 

[2004] NSWCCA 24

VG

18y

NPP 13y 6m

AD stabbing

During argument with estranged wife stabbed her in chest 7 times - Attempted to clean up scene

Uncharacteristic behaviour - Some degree of provocation and loss of self control - Unpremeditated

SIEVERS

(58)

[2002] NSWSC 1257

Sully J

 

 

(2004) 151 A Crim R 426

[2004] NSWCCA 463

 

VGLifeADserious record for violence - shooting murder of estranged wife

stabbing

intent to cause GBH

Stabbed de facto wife during argument - Disposed of body in country - Volatile and violent relationship - Element of provocation

Protective custody - Health problems - Disturbed and violent childhood - Personality disorder making him dangerous in domestic situations involving extreme stress

ANDREWS

(47)

[2003] NSWCCA 7VG

21y

NPP  16y

ADnil relevantshooting

Shot wife after she ended relationship - Multiple shots - Depressed at time of offence - Emotional situation - Degree of planning

Offence one of isolated aberration - Unlikely to re-offend.

CAA agreed with remarks of SJ that the aggravating features were the degree of planning, the brutal shooting of a defenceless woman in her own home, and the determination of the prisoner to ensure the death of the victim by multiple gunshot wounds, including one to each temple region

KENNING

(40)

[2003] NSWSC 84

Whealy J

PG

(15%)

Murder AOABH

21y 3m

NPP 16y

 minor

assault

intent to cause GBH

Assaulted de facto in savage beating - Accused her of sexual infidelity - Use of blunt instrument - Extreme sexual violence - Also assaulted male with tree branch

History of domestic violence - Some remorse

WALKINGTON

(37)

[2003] NSWSC 517

Newman AJ

 

[2003] NSWCCA 285

VG

 

 

18y

NPP 12y

Crown ADAssault on victimStabbing

Stabbed estranged de facto 23 times – Subsequently kicked body – Spontaneous – Intoxicated – Upper end of culpability

Prior good character – Good prospects of rehabilitation

MASKEY

(46)

[2003] NSWSC 1029

Newman J

PG

20y

NPP 14y

 Nil relevant except breach of apprehended violence order

Stabbing

Intent to kill

Stabbed wife 27 times in chest with kitchen knife – No premeditation – Deteriorating relationship with violence on both sides

Received serious head injury from assault by wife on earlier occasion – provocation accepted as mitigating feature but given little weight.

FLANJAK

(53)

[2003] NSWSC 779

Adams J

VG

20y

NPP 15y

 NilShootingEmptied magazine of berretta automatic pistol into estranged lover, using final cartridge on self – Emotion, anger and despair

JOSEPH

(46)

[2003] NSWSC 1080

Greg James J

PG

(25%)

15y

NPP 11y

 Nil

Assault

Intent to cause GBH

Assaulted wife asleep in bed with club lock – Sustained and frenzied attack – Relationship broken down – Child sleeping in bedroom with wife

Sri Lankan

BROWN

(42)

[2004] NSWSC 194

Hulme J

VG

18y

NPP 13y 6m

 Minor and irrelevantAssault

Unpremeditated assault on wife with heavy doorstop – Probable outburst of violence or anger during argument

Out of character – Father to 3 children

GOODWIN

(57)

[2004] NSWSC 757

Howie J

PG

(17.5%)

2 x Murder

27y

NPP 21y 6m

 Insignificant record

Shooting

Intent to kill

Shot estranged wife and new partner – element of planning

Highly disturbed state resulting from separation – Attempted suicide

MS

(17)

 [2004] NSWSC 730

 

Dunford J

VG

17y

NPP 11y

 Lengthy record including common assault and mal wounding

Strangulation

Intent to kill

Killed 15y girlfriend by strangling her with shoelaces – Relationship marked by violence towards V

Aboriginal – Physically abused and dislocated throughout childhood – Alcohol and drug addiction – Good prospects of rehabilitation

EAGLESHAM

(30)

[2004] NSWSC 747

Barr J

VG

20y

NPP 15y

 Not stated

Knife across throat

Intent to kill

Carefully planned murder of recently estranged wife

Depressed – may have been sexually assaulted as child – precluded from contact with son – subsequent assaults on family members

TAOUK

(55)

[2004] NSWSC 981

Barr J

 

(2005) 154 A Crim R 69

[2005] NSWCCA 155

VG

2 x Murder

22y

NPP 15y

Conviction ADOld firearm offence – drug offence

Shooting

Intent to kill

Shot wife and brother in law in house while preparing for bed – no premeditation – no real explanation for shooting – good relationship with both victims

Poor health

KISELJEV

(66)

[2004] NSWSC 1030

Dunford J

PG

(20%)

16y

NPP 11y

 NilAssault and asphyxiation

Killed young wife during argument by assaulting her with shoe and asphyxiating with cloth over mouth – Unhappy and dysfunctional marriage – Element of provocation – Spontaneous

Croatian – Remorse – Prior good conduct – Remorse

O'CONNELL

(18)

[2004] NSWSC 1120

Davidson AJ

 

[2006] NSWCCA 82

PG

(20%)

35y

NPP 25y

ADJuvenile record for serious crimes of violence

49 injuries, inc 10 stab wounds

intent to kill

Killed 15y girl with whom he was having casual relationship – horrific wounds – violent sexual proclivities – disposed of body in nearby garbage bin – deliberately attempted to divert suspicion

Victim of abuse by stepfathers – drug and alcohol problems – dyslexia/ADHD – remorse – youth – 20% discount for plea – but for youth and plea, life sentence would have been imposed – limited protective custody

KEIR

  1. / (45)

 

[2004] NSWSC 1194

Campbell AJ

 

[2007] NSWCCA 149

VG

22y

NPP 16y

Conviction AD

Nil relevant

(NB acquitted of murdering second wife)

Strangulation

Intent to do GBH

Probably strangled wife - Body found in backyard - Obsessed and jealous towards wife - Made threats and violent - Angered by wife's attempt to leave – Lied about wife leaving him

Third trial – application of Gilmore principle

Earlier trials:

[2000] NSWSC 111

Adams J

 

(2002) 127 A Crim R 198 (NSWCCA)

 

[2003] NSWSC 140

Kirby J

 

K (2003) 144 A Crim R 468 (NSWCCA)

VU

(35)

[2005] NSWSC 271

Barr J

PG

(during trial - modest discount)

 

Sched:
2 x Breach DVO

Assault

18y

NPP 13y 6m

 Breached DVO

Assault

Intent GBH

Brutal assault on ex-de facto wife – History of assault and rape of victim

Victim suffered mental problems

REID

(37)

[2005] NSWSC 230

Hulme J

PG

(10%)

22y 6m

NPP 17y

 Substantial record including assaults but no full time custody – breached bail

Stabbing

Intent to kill

Premeditated attack on ex-de facto in home – hit with hammer and stabbed in neck – sustained attack – cleaned up and concealed body – motive unclear

Evidence of tendency towards violence – no remorse

PERRY

(48)

NSWSC

Newman AJ

28.4.2005

 

(2006) 166 A Crim R 383

[2006] NSWCCA 351

PG

(12 ½%)

Murder

2 x Agg Indecent Ass

Murder

25y

NPP 18y 9m

 

Total:

25y

NPP 20y 9m

AA

PG (25%)

Murder

23y 8m

NPP 18y 5m

 

Total:

25y

NPP 19y 9m

Lengthy and serious record – includes arsonAssault / Strangulation

SNPP 20 years

Became angry with girlfriend and assaulted and strangled her – sexually assaulted corpse – defiled body with sexual toys and faeces – indecently assaulted victims 7y daughter – voluntary confession to police – impulsive offences

KHALOUF

 

[2005] NSWCCA 395VG

20y

NPP 13y 6m

Conviction AD StabbedStabbed lover in hotel room – conviction appeal only

VERSLUYS

(32)

[2006] NSWSC 188

Newman AJ

 

[2008] NSWCCA 76

 

[2014] NSWCCA 98

VG

26y 8m

NPP 20y

AD

 

 

AA

23y 6m

NPP 17y 6m

Priors – no violence

Strangled

Intent to do gbh

Offence committed after 1.2.2003

Strangled girlfriend during argument – prior threats – not premeditated

MATHESON

(21)

[2006] NSWSC 332

Mathews AJ

 

[2015] NSWCCA 108

VG

27y

NPP 18y

AA

25y

NPP 18y

NilStrangled

SNPP 20 years

Strangled ex-girlfriend – hid body in cricket bag – premeditated – brutal and cruel killing

Suffering mental disorder affecting imprisonment

CCA appeal – Muldrock error

MENCARIOUS

 (37)

[2006] NSWSC 719

Grove J

 

(2008) 189 A Crim R 219

NSWCCA

 

[2014] NSWCCA 104

VG

26y 8m

NPP 20y

ADNil

Asphyxiation

Intent to kill

SNPP 20 years

Attacked wife with bottle – asphyxiated – history of violence – middle range offence

SHEPHERD

(32)

[2006] NSWSC 799

Hoeben J

 

[2011] NSWCCA 245

VG

20y

NPP 15y

Conviction ADNil

Bashing

Intent gbh

Offence committed after 1.2.2003

Assaulted wife with iron and hammer during argument – Death caused by blood loss – Intoxicated – Unpremeditated – below mid range

Genuine remorse – Good character – Good prospects of rehabilitation

WALLACE

(55)

[2006] NSWSC 897

James J

 

[2007] NSWCCA 63

VG

20y

NPP 14y

Crown ADBreached parole for drug offences

Shot

Intent to kill

Offence committed after 1.2.2003

Shot female lover in back of head - premeditated but motive unclear – concealed body in bush

Former prison officer and police officer – brain damage resulting from assault in gaol.

CHRISTOV

(52)

[2006] NSWSC 1179

Kirby J

 

[2009] NSWCCA 168

VG

23y

NPP 17y

ADViolence

Strangulation

Intent to kill

Offence committed after 1.2.2003

Strangled ex-girlfriend during struggle in victim's home– angered at break up – mid-range

Remorse – protective custody – reasonable prospects of rehabilitation

GOEBEL-McGREGOR

(62)

[2006] NSWCCA 390VG

20y

NPP 15y

ADMinor

Shooting

Intent to kill

Shot wife in back of head during argument over custody of children – provocative comments made by wife - provocation defence rejected by jury.

Depressive illness – good character

JOYCE

(37)

[2007] NSWSC 218

James J

VG

Murder

 

Sched:

3 Firearms offences

21y

NPP 16y

 Minor and old

Strangulation

Intent to kill

Offence committed after 1.2.2003

Strangled estranged wife during argument – drowned in pool – spontaneous offence – below mid-range

Protective custody

ROBINSON

(32)

[2007] NSWSC 460

Hall J

PG

(20%)

21y

NPP 16y

 Nil

Stabbing

Intent to kill

Offence committed after 1.2.2003

Stabbed estranged de facto wife over 11 times at home unit – went to unit intending violence – history of violent abuse – breach of bail and AVO prohibiting approach to victim – pre-meditated offence

Some remorse

DARCY

(44)

[2007] NSWSC 1392

Berman AJ

PG

(15%)

20y

NPP 15y

 Non-custodial record

Stabbing

Intent to kill

Offence committed after 1.2.2003

Stabbed de facto partner in neck – heavily intoxicated – element of pre-mediation after earlier argument – prevented calling of ambulance – slightly below mid-range

Aboriginal – suffers epilepsy – long history of alcohol abuse

RAJU

(47)

[2007] NSWSC 1418

Bell J

 

[2010] NSWCCA 38

VG

21y

NPP 16y

Conviction ADRecord including assault of victim – breached bond

Unknown

Intent to kill

Killed de facto wife after she planned to leave relationship with four children – disposed of body – method of killing and location of body unknown

LEIATAUA

(41)

[2008] NSWSC 170

Mathews AJ

PG

(20%)

 

Murder

Threaten w/I to do GBH

 

Sched:

Agg BE W/I

Murder

23y 6m

NPP 17y

 

Total

24y

NPP 17y 6m

 Rape and assault female

Stabbing

Intent to kill

Offence committed after 1.2.2003

Left home early morning armed with hammer and knife – broke into home of ex-partner – stabbed Victim in house – pursued V across and road and continued stabbing – threatened female attempting to assist V – well above mid-range – offence committed in presence of children – planned offence

Difficult childhood – long history of alcohol abuse - remorse

THOMPSON

(22)

[2008] NSWSC 109

Hoeben J

PG

(15%)

20y

NPP 15y

 Assault on same victim – breached bond and apprehended violence order

Assault

Intent GBH

Offence committed after 1.2.2003

Violent and sustained attack on de facto partner – angered at perceived relationship with ex-boyfriend – intoxicated – unpremeditated

Samoan origin – drug abuser – genuine remorse

GALANTE

(27)

[2008] NSWSC 319

Adams J

PG

(10%)

27y

NPP 20y

 Nil

Shooting

Intent to kill

Offence committed after 1.2.2003

Planned killing of pregnant wife – took complainant and young daughter to bushland and shot wife in back – left body in bush – reported wife missing to police – feared wife planning to leave with child

FAEHNDRICH

(50)

[2008] NSWSC 877

Price J

VG

20y

NPP 15y

 Priors for violence

Stabbing

Intent to kill

Offence committed after 1.2.2003

Stabbed female partner with scissors during argument in hotel room – Turbulent relationship – Victim attempting to leave relationship – element of provocation – suffering depression and personality disorder – lower half of mid-range of seriousness

Offered to plead guilty to manslaughter – abusive childhood

O'CONNOR

(64)

[2008] NSWSC 1297

Studdert AJ

VG

21y

NPP 16y

 Old offence of culpable driving

Shooting

Intent to kill

Offence committed after 1.2.2003

Shot wife twice as she descended from roof by ladder – spontaneous offence – element of provocation and loss of self control – history of arguments and disagreements in marriage – buried body – just below mid range

Remorse – prospects of rehabilitation

EDWARDS

(38)

[2009] NSWSC 164

Buddin J

PG

(15%)

18y 8m

NPP 14y

 Alcohol related – no gaol – breached bond and AVO

Assault

Intent to inflict GBH

Offence committed after 1.2.2003

Severe assault of girlfriend staying at offender's house – no premeditation – both offender and V drinking alcohol and smoking cannabis – breached bond and AVO - a little below mid range

Both aboriginal – difficult and abusive childhood – commenced drinking at 9y – smoking cannabis at 12y – alcoholic

AYTUGRUL

(40)

[2009] NSWSC 275

RA Hulme J

 

(2010) 205 A Crim R 157

[2010] NSWCCA 272

 

[2015] NSWCCA 139

VG

28y

NPP 21y

Conviction AD

 

Sentence AA

27y

NPP 20y 3m

Nil

Stabbing

Intent to kill

Offence committed after 1.2.2003

Multiple stab wounds of ex-girlfriend in her home unit – prior stalking and obsessive behaviour – slightly above mid-range

WILKINSON (No.5)

(28)

[2009] NSWSC 432

Johnson J

PG

Murder

(modest discount)

 

Arson

28y

NPP 21y

 

Arson:

6y

NPP 4y 6m

Total:

28y

NPP 24y

 Nil prior – subsequent assault

Unknown

Intent to kill

Offence committed after 1.2.2003

Killed pregnant lover to prevent complications to marriage –circumstances of killing unclear – body never found – took phone and made phone calls to leave false trail – set fire to house and went to neighbour tied up blaming victim – supplied multiple false accounts to police blaming others and suggesting burial places – murder above mid range – arson towards top of range

No contrition or remorse – aboriginal liaison officer with police force – onerous custodial conditions

WALSH

(69)

[2009] NSWSC 764

McCallum J

PG

(25% for murder of wife  JW)

 

3 x Murder

Att murder

2 x Murder

Life

Att Murder

16y

NPP 12y

Murder

20y

NPP 15y

 Nil

Assault, stabbing and drowning

Intent to kill

Offence committed after 1.2.2003

Grandfather hit wife with hammer and stabbed her to death – drowned 5y granddaughter in bath – assaulted 7y grandson with hammer then drowned in bath – bodies placed in bed – killed dog – children in care of grandparents while mother at work – lied to school about children being ill – assaulted daughter with axe when she returned to house – brain and skull injuries – planning and premeditation – no explanation for killings – murder of children worst case – murder of wife mid-range – assault on daughter well above mid range

No mental illness

MEHTA

(42)

[2009] NSWSC 814

Grove J

PG

2 x Murder

Murder of wife

30y

 

Murder of Stepdaughter

Life

 Assault on first wife – strangling and threat to kill

Strangulation

Intent to kill

Offence committed after 1.2.2003

Strangled wife during argument – verbal threats and physical assaults made previously – killing observed by 9y stepdaughter - killed step daughter to prevent her reporting killing to police – method of killing unclear – threw bodies over cliff in Blue Mountains – discovered by bushwalkers 4 weeks later – lied to police – had son assist in deception - killed wife for financial reasons

No evidence of remorse or rehabilitation

VALIUKAS

(33 at offence – 43 at sentence)

[2009] NSWSC 808

Hulme J

VG

18y

NPP 13y 6m

 nilStrangled

1999 offence - Strangled former partner in her home –volatile relationship – strangled victim during an argument – suffering dissociative episode at time of killing – visions of violent father and person who molested him as a child – not fully aware of acts - spontaneous offence - hid body in chest and lied to children – took body and children to mother's house and hid body in shed – lied about disappearance of victim – confessed to police 9 years later – offence below mid-range

Prior good character – difficult custodial conditions

NAA

 

[2009] NSWSC 1077

Howie J

VG

Murder

AOABH

 

PG

Use off weapon to prevent lawful appreh

Murder

23y

NPP 17y 3m

(other sentences concurrent)

 Drug related offences

Stabbing

Intent to kill

Offence committed after 1.2.2003

Staying with ex-partner – followed victim into grandparents' house and stabbed her in stomach – lifted her head and slit side of neck with knife although wound not life threatening – pushed over grandmother and threatened grandfather – history of domestic violence – standoff with police over three hours threatening them with knives – attempted suicide by calling on police to shoot him – slightly below mid-range

Intoxicated and suffering depression – brain injury made him more susceptible to effects of alcohol

FAULKNER

(40)

[2009] NSWSC 1171

Howie J

PG

(15%)

 

Murder

Manslaughter

Mansl:

4y 3m

NPP 3y

 

Murder:
20y 3m

NPP 16y

 

Total:

23y 3m

NPP 19y

 Offences of violence

Stabbing

Intent to kill

Offence committed after 1.2.2003

During argument with caretaker of boarding house pushed V down stairs – unlawful and dangerous act – spontaneous offence – low range – fit of anger

Three years later stabbed partner – broke into house after she asked him to move out – threatening to call the police - 16 stab wounds – stabbed himself in stomach – upper end of mid range

Some mental impairment

BENNETT

(47)

[2009] NSWSC 1382

R A Hulme J

PG

(25%)

18y

NPP 13y 6m

 Minor record – breached bond

Assault

Intent to kill

Offence committed after 1.2.2003

Assaulted female lover with a hammer multiple times to head in remote location – circumstances and motive for killing unclear – buried victim in shallow grave – lower end of mid-range

CHEN

(29)

[2010] NSWSC 64

Rothman J

VG

23y 4m

NPP 17y 6m

 nil

Choked / Strangled

Intent GBH

Offence committed after 1.2.2003

Strangled de facto wife at her residence – drove body 8km to his residence – placed body in bed covered with ice, flowers and favourite food – intoxicated – no clear motive for offence – spontaneous offence – no history of domestic violence – slightly below mid-range

Prior good character – contrition – suffers psychosis – good prospects of rehabilitation – Chinese national with little English

YUKE

(30)

 

[2010] NSWSC 754

Barr AJ

VG

24y

NPP 14y

 Violence, property, breach AVO, being armed w/intent, possess weapons, public nuisance (Local Ct matters only).  Stabbing

SNPP 20 years

Stabbed partner with single blow during argument – heavily intoxicated - history of some violence in relationship.

Substantial intellectual deficit – alcohol abuse.

Below mid range – no intent to kill.

LECHMANA

(37)

[2010] NSWSC 849

Latham J

VG

23y

NPP 17y 3m

  

Strangulation

Intent to kill

SNPP 20 years

Strangled wife when she threatened to leave him with child –jury rejected substantial impairment defence – attempted to strangle and threatened victim with knife four months earlier – marginally below mid-range

Suffering depression – born in Malaysia – difficulties adapting to Australia – absence of remorse

DAY

(46)

[2010] NSWSC 983

Buddin J

PG

(25%)

19y 4m

NPP 14y 6m

 Criminal record

Strangulation

Intent to kill

SNPP 20 years

Strangled estranged de facto wife during argument and left her body hidden in unit – body undiscovered for four weeks – spontaneous offence – slightly below mid-range

Some prospects of rehabilitation

CAMPBELL

[2010] NSWSC 995

Latham J

 

[2014] NSWCCA 175

VG

33y

NPP 24y

 Minor record

Pushed off cliff

Intent to kill

SNPP 20 years

Pushed wife off cliff while camping in national park – motivated by financial gain – lied and deceived victim in order to obtain large amounts of money – planed killing over several months – well above mid-range

WILLIAMS

(23)

[2011] NSWSC 583

Schmidt J

 

[2012] NSWCCA 172

PG

(25%)

21y 9m

NPP 16y 3m 23d

ADnil

Assault and asphyxiation

Intent to kill

SNPP 20 years

Became angry with ex-girlfriend while talking late at night – motive for killing not established - strangled victim, struck her with a shovel and buried her near lagoon – spontaneous offence – just above mid-range

Assistance in relation to offence – remorse – good prospects of rehabilitation – long term alcohol and cannabis user – offence out of character

BIDDLE

(60)

[2011] NSWSC 1262

Garling J

VG

27y

NPP 18y

 nil

Assault

Intent to kill

SNPP 20 years

Assaulted wife with iron bar – covertly entered house and struck wife from behind – sustained assault – angered by recent separation due to offender's extra martial affair – above middle range

Good prospects of rehabilitation

McKENZIE

[2011] NSWSC 1460

Schmidt J

PG

(25%)

14y 3m

NPP 10y

 Nil

Smothering

Intent to kill

SNPP 20 years

Smothered wife during argument – evidence of struggle – no premeditation – no provocation

No history of domestic violence – suffering depression as a result of health issues - remorse

KJS

(36)

[2011] NSWSC 1690

Hidden J

 

[2013] NSWCCA 132

VG

20y

NPP 15y

 nilAssault

SNPP 20 years

Bashed wife to death in bedroom with plumber's tool – angered by indication from victim she accepted daughter's allegation of long term sexual abuse at hands of offender – argued over prior weekend

Good character – no history of violence – pleaded guilty to manslaughter (provocation)

NEAVE

(41)

[2012] NSWSC 229

RS Hulme J

VG

17y

NPP 13y

 Nil relevantStabbing

SNPP 20 years

During argument punched girlfriend in face and attacked her with knife – en route to hospital to treat hand wounds stabbed girlfriend multiple times – concealed body in shed – subsequent self inflicted injuries – capacity to control self and understand events substantially impaired

Long term sufferer of depression – offered to plead to manslaughter

RICHARDSON

 

[2012] NSWSC 521

McCallum J

 

[2013] NSWCCA 218

VG

28y

NPP 21y

 AssaultUnknown

SNPP 20 years

Killed girlfriend – how killed unknown – troubled relationship – prior assault – body dismembered into small parts with circular saw - body parts found 6 months later in garbage bags hidden under bush – evidence that A formed premeditation to kill – evidence that forced V to phone bank asking for new bank card so that A would have access to V's bank account after V's death.

Little remorse – little prospect rehabilitation – schizoid personality – depression – ill-health.

MITCHELL

(37 at offence – 62 at sentence)

[2012] NSWSC 694

Hidden J

PG

(25%)

14y

NPP 10y

 nil

Strangulation and suffocation

Reckless indifference

1987 – During argument with de facto wife strangled her with pantyhose and suffocated with pillow – spontaneous offence and out of character

On the run until voluntarily attended police station 2011 – genuine remorse – good prospects of rehabilitation

LEE

(32)

 

[2012] NSWSC 1240

Bellew J

PG

(25%)

18y

NPP 13y 6m

 not relevant

Asphyxiation / strangled

Intent to kill

SNPP 20 years

Mid-range objective seriousness - Killed V (female, ex-girlfriend) following argument about money - V died due to combined effects of neck compression from belt tied around neck, gagging from sock in mouth and asphyxia due to plastic bag placed on head – planned to dispose of body but car broke down so left body to decompose in car boot– voluntary surrender to police – could not recall committing offence.

No real explanation for actions.

MAGLOVSKI (No.2)

(60)

[2013] NSWSC 16

Beech-Jones J

4.2.2013

 

[2014] NSWCCA 238

VG

20y

NPP 16y

ADNil

Stabbed

Intent GBH

SNPP 20 years

Stabbed and punched wife (V) when she told A she wanted to leave him – gave evidence V spat at him – Macedonian background – evidence regarding "honour killing" in Macedonian culture - humiliation – provocation rejected by jury.

Prior good character – unlikely to reoffend

MEYN (No.6)

(34)

[2013] NSWSC 243

Beech-Jones J

VG

22y

NPP 16y 6m

 NilBashed and strangled

SNPP 20 years

Killed V who was A's ex-wife and mother of their two young children – had separated – A cruelly needled V causing upset – A then killed V following argument.

Unplanned - rehabilitation

HARDING

(57)

[2013] NSWSC 513

Garling J

PG

(25%)

27y

NPP 20y 3m

 Record for violence against women – breached bailSet alight

SNPP 20 years

Poured 250ml bottle methylated spirits over female lover confined to wheelchair and set V alight with cigarette lighter – spent afternoon with V drinking wine – possibly motivated by jealousy - gratuitous cruelty in leaving house – spontaneous offence – criminality very high

Long history of alcohol abuse – acquired brain injury

KING

(27)

[2013] NSWSC 801

Bellew J

 

 

[2015] NSWCCA 99

VG

Murder

 

PG

s 35(2)

s 59(1)

32y

NPP 24y

 

Total:

33y 6m

NPP 25y 6m

ADSupply drug, possess firearm.  On bond.Bashed

SNPP 20 years

Bashed 18 year old female with whom previously in relationship – volatile and violent relationship – A took ice and drank alcohol prior to offence – vicious, unprovoked and inhumane attack – V suffered severe injuries – above mid-range objective seriousness.

Rehabilitation – remorse.

BOLT

(26)

[2013] NSWSC 895

Rothman J

PG

(highest discount)

18y

NPP 12y

 Assault, drugs, BES, previous violence in domestic setting.  On bond. No previous imprisonment.Bashed

SNPP 20 years

Argument with V de facto partner - multiple injuries to head, thorax and abdomen - severe degree of force, from punching, kicking or stomping, and possibly being thrown against furniture or walls – both A and V had been drinking and smoking cannabis – violence perpetrated by both A and V throughout afternoon and evening - intention to inflict grievous bodily harm - momentary and spontaneous intention – A called emergency services.

Slightly below mid-range.

Neglectful and abusive upbringing by mother – mother murdered by her partner – often cared for by relatives – drug and alcohol abuse from young age.

AHOLA (No.8)

(50)

 

 

[2013] NSWSC 1128

Button J

VG

24y

NPP 18y

 Firearms, driving offencesBashed

SNPP 20 years

Bashed partner with wooden baton to head – unclear as to how argument started or motive – both intoxicated.

Out of character – highly regarded by adult daughters and friends - good employment history – alcohol abuse – good rehabilitation

HICKS

 

[2013] NSWSC 1324

Adams J

PG

(15%)

17y

NPP 12y 9m

 Demanding property by force w/i intent steal,  aggravated indecency. threatening injury to a person for being a witness, contravening AVO

Stabbed

Intent cause GBH

SNPP 20 years

Stabbed female partner during argument – some history of domestic violence and frequent arguments – both A and V had been taking drugs – not planned offence

Difficult childhood – borderline cognitive abilities

BRETHERTON

(38)

[2013] NSWSC 1339

Harrison J

VG

21y

NPP 15y 9m

 Nil

Stabbed

 

Substantial impairment

SNPP 20 years

Stabbed V, former female partner during argument – numerous stab wounds - ongoing argument over property settlement

Substantial impairment s 23A rejected at trial but taken into account on sentence

Slightly below mid-range – spontaneous uncontrolled offence.

Depression – obsessive compulsive personality – autism spectrum – did not like V to have contact with her family – difficult childhood

GIERCZYNSKI

(58)

[2013] NSWSC 1870

Adamson J

VG

 

Murder

s.33

28y

NPP 21y 4m

 

Total:

28y 6m

NPP 21y 10m

 Assault on first wife in Poland

Stabbing

Intent to kill

SNPP 20 years

Physically and emotionally abused wife throughout long marriage – domineering and hypocritical husband - stabbed wife to death during argument – multiple stab wounds – stabbed son who came to defend mother – spontaneous offence – above mid-range

Suffering from morbid jealousy

KENNEDY

(24)

[2013] NSWSC 1940

Bellew J

PG

(12.5%)

Murder

23y 4m

NPP 17y 6m

 violence and alcohol related offencesAssault

SNPP 20 years

Attacked female partner following argument – relationship marked by violence – injuries consistent with V being subject to multiple blows by A's fists – intent to inflict GBH.

Difficult upbringing – alcohol abuse - Bipolar and other mental health conditions

GITTANY (No.5)

(40)

[2014] NSWSC 49

McCallum J

 

 

[2016] NSWCCA 182

VG

26y

NPP 18y

Conviction ADDrug and assault offences

Assault

Intent to kill

SNPP 20 years

Killed de facto partner in act of rage by throwing her unconscious over balcony of high rise unit – during argument dragged victim back into unit after attempt to leave - intent to kill formed spontaneously but with background of controlling, volatile and abusive relationship – not above mid-range

LUTU

(48)

[2014] NSWSC 413

Campbell J

PG

(25%)

18y 9m

NPP 14y

 assault (on partner)Stabbing

SNPP 20 years

Stabbed female partner repeatedly in presence of their three young children – history of domestic violence.

Made redundant and not able to cope with being financially dependent on partner – immediate cooperation with police

MULVIHILL

(45)

 

[2014] NSWSC 443

Fullerton J

 

[2016] NSWCCA 259

VG

29y

NPP 22y

AD

 

Nil relevant

Stabbing

Intent to kill

SNPP 20 years

Stabbed estranged girlfriend in her home unit during sustained and violent struggle – careful planning – entered unit with intent to cause harm – history of obsessive behaviour and violence towards female partners

BALLANTYNE

(30)

[2014] NSWSC 1381

RA Hulme J

PG

(25%)

19y

NPP 14y 3m

 AOABH

Strangled

Choked and assault

SNPP 20 years

Choked and assaulted female partner – difficulties with relationship – argument –carried V away to nearby river where killing took place – V suffered skull fracture and choking injuries.

Mid-range objective seriousness  Immaturity – anger management issues – supportive family – reasonable rehabilitation prospects

SERUTAWAKE

(31)

[2014] NSWSC 1762

Mathews AJ

VG

21y

NPP 16y

 nil

Stabbing

Intent to kill

SNPP 20 years

Fatal stabbing of wife – 22 stab wounds – snapped  after fight with wife and she prepared to leave with baby – below mid-range

Intoxicated - Fijian

JOHNSON

(25)

[2015] NSWSC 31

Hamill J

 

 

PG

(slightly less than 20%)

 

 

 

Sched: Assault (on same victim)

21y

NPP 15y 9m

 Previous domestic violence assaults. 

Bashed

Intent GBH

SNPP 20 years

Had been in relationship with V (female) for 6 months - Repeated offences of domestic violence – argument - no intention to kill –no premeditation – brutal assault - immediately after offence accepted responsibility - Attempting to revive the deceased - Admitting he had killed her to several people.

Mid-range objective seriousness.

Remorse - Aboriginal background - early exposure to alcohol, drugs and violence - good prospects rehabilitation.

MAHON

(43)

[2015] NSWSC 25

Garling J

 

 

PG

(25%)

 

 

 

22y 6m

NPP 16y 10m

 Assault, AOABH. On bail. Previous domestic violence assaults. 

Bashed/

Strangled

SNPP 20 years

In relationship with V (female) – due to earlier assaults on V subject to AVO and bail – attended V's home – drinking and argument - severely beat V around head and neck,  strangled V -  after V died,  used an iron to inflict a burn injury V – attempted to conceal body.

Above mid-range objective seriousness.

WANG

(30)

[2015] NSWSC 433

Button J

PG

(25%)

20y

NPP 15y

 Nil relevantMeat cleaver

SNPP 20 years

Killed female with meat cleaver in sustained and violent attack –arrived from China 24 hours previously with intention to continue relationship with victim – killed victim when she indicated end of relationship – acted in blind rage and loss of self-control – spontaneous – above mid-range

Immediate confession of guilt – deep remorse – Chinese – isolation – good prospects of rehabilitation – well educated

DO (No.4)

(58)

[2015] NSWSC 512

Davies J

VG

23y

NPP 16y

 nil

Stabbing, assault and asphyxiation

Intent to kill

SNPP 20 years

Difficult, deteriorating and unequal relationship with wife – socially isolated – totally dependent upon wife – stabbed four times to head, blunt force injuries and asphyxiation – impulsive attack during argument at home – below mid-range

Vietnamese – law intelligence and possible brain damage from war - lived in America prior to marriage – custodial isolation – reasonable prospects of rehabilitation

CULLEN

(50)

[2015] NSWSC 768

Harrison J

VG

30y

NPP 22y 6m

 Nil in Australia – old record in England

Stabbing

Intent to kill

SNPP 20 years

Stabbed estranged wife – assaulted V in garage of apartment block and forced her into boot of car – purchased fishing knives drove to reserve and fatally stabbed wife in frenzied and brutal attack – resentment and frustration over relationship breakdown – above mid-range

MURRAY

(51)

[2015] NSWSC 1034

Schmidt J

PG

(12.5%)

25y 4m

NPP 19y

 

Assault with intent to rob with wounding, armed robbery, AOABH, assault police officer, common assault, stalking, wound with intent GBH, AVO

 

Stabbed

SNPP 20 years

Killed de facto female partner – argument – stab wounds  to V's  back - one wound was fatal – V's consumption of  methadone and alcohol reduced V's ability to perceive any threat to safety and ability to defend herself,  consistent with the absence of any defensive wounds -  A had taken  large amount of sedative – let V to bleed to death - could have summoned help for V.

Intent to kill – above mid-range objective seriousness.

Ongoing drug abuse associated with violent offending - repeated incarceration -  mental disorders

ARCHER

(53)

[2015] NSWSC 1487

Wilson J

PG

(25%)

 

Murder

s.33

Breach AVO

Murder:

24y

NPP 18y

 

Total:

26y 4m

NPP 20y 4m

 Limited – on bail for recent violence against victim

Stabbed

Intent to kill

SNPP 20 years

Stabbed estranged partner several times to chest and head while she was sitting at home – vicious but spontaneous attack – cause of argument unclear – purposely obtained knife from kitchen – pursued victim's friend out of house and stabbed her in abdomen

Suffering from depression and recently estranged – intoxicated – gambling problem – genuine remorse for murder

BIRCH

[2016] NSWSC 816

Rothman J

PG

(25%)

20y

NPP 13y

 Violence – no domestic violence charges

Assault

Intent GBH

SNPP 20 years

Killed female partner – domestic violence situation – both intoxicated – during argument offender became enraged and punched victim – sustained assault – victim found dead in hallway by offender's brother next day – midrange gravity

Aboriginal with deprived and dysfunctional childhood – full remorse – good prospects of rehabilitation

KUMAR

(54)

[2016] NSWSC 1747

Mathews AJ

VG

23y

NPP 17y

 Nil record – breached bail for sexual offences against victim – history of domestic violence

Suffocated

Intent kill

SNPP 20 years

Broke into home of estranged wife and suffocated her – limited planning – unprovoked killing – motive almost certainly to prevent victim giving evidence in sexual assault charges – mid-range

Fijian Indian – good prospects of rehabilitation

HOSSEINIAMRAEI

(33)

[2016] NSWSC 1181

RA Hulme J

PG

(25%)

 

Sched:

4 offences

21y

NPP 15y 9m

 Nil – breached ADVO

Intent to kill

Stabbing

SNPP 20 years

Stabbed estranged wife while sitting in car in shopping centre car park – 56 stab wounds with scissors – above mid-range – -previous violence and threats to kill – angry that wife had left marriage

Born in Iran – suffered persecution due to religion - small reduction in culpability due to mental condition

DA SILVA

(60 at time of offence, 67 at sentence)

[2016] NSWSC 1214

Harrison J

VG

24y

NPP 18y

 No relevant criminal record.Bashed

SNPP 20 years

2010 offence - Killed female former partner caused by blunt force trauma to head - inflicted while V asleep in bed – weapon not known - offence pre-meditated and planned.

No remorse or contrition – above mid-range of objective seriousness – age – prior good character.

QUINN (No.3)

[2016] NSWCCA 1699

Beech-Jones J

VG

25y

NPP 20y

 Nil

Stabbed

Intent to kill

SNPP 20 years

Previously in long term relationship with V – could not accept break up and after spending night together stabbed V with kitchen knife in neck – immediately stabbed self in attempted suicide causing quadriplegia – mid- range offence – moral culpability slightly reduced by borderline personality disorder

Hardship in custody due to physical condition – permanently in hospital

HEJABIAN

(37)

[2016] NSWSC 1692

Hidden AJ

VG

21y

NPP 15y 9m

 Minor – breached bond

Assault / asphyxiation

Intent to kill

SNPP 20 years

Male killed female girlfriend in her own home – developed obsessive relationship with victim - spontaneous act during argument – attempted suicide causing health issues – trial ran on basis of substantial impairment only – mental health did affect culpability

Suffering PTSD from treatment in home country of Iran – also struggling with wife suffering from schizophrenia

DROUDIS (No.16)

(33)

[2017] NSWSC 20

Johnson J

VG

44y

NPP 33y

 

Breached bail

 

Subsequently sentenced for offensive use of postal service

Stabbed and set on fire

Intent kill

SNPP 20 years

Female - at instigation of partner stabbed partner's ex-wife in stairwell of units 18 times – set victim alight without knowing if already dead and creating danger to other residents – carefully planned – desire to secure custody of partner's two children circumventing court order

Partner a violent extremist who subsequently died in café siege – highly unusual and influential relationship but no reduction in culpability

Attempt made to deflect police investigation showing lack of remorse – prospects of rehabilitation fair – some credit for cooperation during trial