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  

Name​​Date​Plea​Sentence​Appeal​Record​How Killed​Involvement & 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 AD

nil

stabbed

Crime of passion against ex-girlfriend. Diminished responsibility rejected.

Dundas
(26)

NSWSC
Studdert J
15.4.1992

VG

MT 11y
AT 5y

 

minor

stabbed

Stabbed de facto. Provocation rejected (alcohol).

Webb
(40)

NSWSC
B-Parker J
17.6.1992

PG

MT 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

PG

MT 13y 5m
AT 7y

 

nil

strangled / stabbed

Killed 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

VG

Life

 

prior murder x 2

assaulted and drowned in blood

Lured female through radio ad for relationship. Similar offence committed previously

Strong
(25)

NSWSC
Loveday J 2.12.1992

PG during trial

MT 11y
AT 5y

 

nil

stabbed

Stabbed de facto wife whilst she was sleeping.

Twala
(30)

NSWSC
Sully J

18.3.1993

 

NSW CCA
4.11.1994

VG

Life

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

VG

MT 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

VG

MT 11y
AT 3y 8m

 

lengthy

stabbed

 

intent GBH

Obsessed with V who rejected him

Huynh
(27)

NSWSC
James J
19.7.1993

PG

MT 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

Life

AD

minor

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

AD

nil

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

VG

MT 11y 6m
AT 4y

Conviction AD

nil

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

AD

nil

shot

Shot 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

Life

AD

violence, sexual offences

suffocated / stabbed

Suffocated 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

AD

record of violence

strangled

During 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

AD

AOABH, 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

 

nil

cut throat and stabbed

Killed 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

AD

nil

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

 

NSW CCA [96]
10.5.1999

 

HCA [4]
14.2.2002

VG

4 x Murder

MT 19y

AT 6y

Conviction AD

nil 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 AD

AVO

stabbed

Angered 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

AD

AOABH

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 irrelevant

stabbed

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)

NSWSC
Greg James J [61]

16.2.1999

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)

NSWSC
Sully J [510]

28.5.1999

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)

NSWSC
Newman J [659]

18.9.1999

 

NSW CCA [138]
13.4.2000

VG

Murder

Mal wound w/i GBH

MT 18y
AT 6y

AD

nil

stabbed

 

intent kill or GBH

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

Violent childhood.

Leung

NSWSC
Hulme J [1108]

11.11.1999

VG

MT 14y
AT 4y

 

 

strangled

 

intent kill

Strangled wife during argument at home.

Jang
(57)

NSWSC
Bell J [1153]

3.12.1999

 

NSWCCA [55]
5.4.2012

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

NSW SC
Ireland J

9.6.2000

 

NSW CCA [448]
9.11.2001

VG

2 x murder

Life

AD

nil

shooting and stabbing

Participated 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)

NSWSC
Kirby J [696]

20.7.2000

 

NSWCCA [123]
6.4.2001

VG

20y
NPP 14y

Conviction AD

nil

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

 

NSW CCA [203]
23.7.2003

 

NSW CCA [142]
10.12.2003

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

NSWSC
G. James J [977]
20.10.2000

 

NSW CCA [273]
2.7.2002

PG

15y
NPP 12y

AD

minor

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)

NSWSC [1059]
James J

7.12.2000

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

NSWSC
Dunford J [35]

9.2.2001

PG

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)

NSWSC [332]
Howie J

11.5.2001

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

 

NSWSC [580]
Grove J

6.7.2001

 

NSW CCA [360]
29.8.2002

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.

Ballangarr
(28)

NSWSC [642]
Sully J
27.7.2001

PG

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

NSW CCA [362]
14.9.2001

VG

MT 10y
AT 6y

AD

insignificant

shooting

Shot estranged wife outside child care centre.

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

Hurley
(32)

NSWSC [1007]
Levine J

2.11.2001

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)

NSWSC [1036]
Howie J

9.11.2001

 

NSW CCA [125]
13.5.2003

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)

NSWSC [1041]
Greg James J

16.11.2001

 

NSW CCA [395]
25.10.2004

early PG

16y
NPP 12y

AD

prior record for violence against wife

stabbing

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

Some cognitive defects - Croatian - estranged from family

Joiner
(37)

NSWSC [1163]
Whealy J

14.12.2001

 

NSW CCA [354]
28.8.2002

(2002) 133 A Crim R 90

VG

18y
NPP 13y 6m

Conviction AD

nil

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

 

NSWSC [56]
Grove J
12.2.2002

PG

16y
NPP 12y

 

prior convictions for drug offences

assault 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)

NSWSC [66]
Dowd J
19.2.2002

 

NSW CCA [301]
27.10.2003

VG

14y
NPP 10y

Conviction AD

minor

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)

NSWSC [84]
Hidden J

26.2.2002

 

NSW CCA [276]
18.7.2002

PG

25y
NPP 19y

Crown AA

Life

murder

stabbing

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)

NSWSC [577]
Barr J
18.6.2002

PG

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)

NSWSC [1154]
Bell J
12.12.2002

 

NSW CCA [24]
24.2.2004

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)

NSWSC [1257]
18.12.2002
Sully J

 

(2004) 151 A Crim R 426

VG

Life

AD

serious 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)

6.2.2003
NSW CCA [7]

VG

21y
NPP 16y

AD

nil relevant

shooting

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)

NSWSC [84]
Whealy J

20.2.2003

PG

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)

NSWSC [517]
Newman AJ

6.6.2003

 

NSW CCA [285]
3.10.2003

VG

 

 

18y
NPP 12y

Crown AD

Assault on victim

Stabbing

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

Prior good character – Good prospects of rehabilitation

Maskey
(46)

NSWSC [1029]
Newman J

11.7.2003

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)

NSWSC [779]
Adams J

20.8.2003

VG

20y
NPP 15y

 

Nil

Shooting

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

Joseph
(46)

NSWSC [1080]
Greg James J

21.11.2003

PG

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)

NSWSC [194]
Hulme J

6.2.2004

VG

18y
NPP 13y 6m

 

Minor and irrelevant

Assault

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

Out of character – Father to 3 children

Goodwin
(57)

NSWSC [757]
12.8.2004

Howie J

PG

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)

NSWSC [730]
Dunford J

13.8.2004

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)

NSWSC [747]
Barr J
27.8.2004

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)

NSWSC [981]
Barr J
22.10.2004

 

NSW CCA [155]
7.6.2005

VG

2 x Murder

22y
NPP 15y

Conviction AD

Old 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)

NSWSC [1030]
Dunford J

12.11.2004

PG

16y
NPP 11y

 

Nil

Assault 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)

NSWSC [1120]
Davidson AJ

19.11.2004

PG

35y
NPP 25y

 

Juvenile 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
(30) / (45)

 

NSWSC [1194]
Campbell AJ

13.12.2004

VG

22y
NPP 16y

 

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:

NSWSC [111] NSWSC [140]

Adams J Kirby J

29.2.2000 21.3.2003

 

NSW CCA [30]

28.2.2004

(2002) 127 A Crim R 198

Vu
(35)

NSWSC [271]
Barr J
1.4.2005

PG
(during trial)

 

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)

NSWSC [230]
Hulme J

1.4.2005

PG

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

 

NSW CCA [351]
8.11.2006

PG

Murder
2 x Agg Indecent Ass

Murder
25y
NPP 18y 9m

   
Total:
25y
NPP 20y 9m

AA

Murder
23y 8m

NPP 18y 5m

   
Total:
25y
NPP 19y 9m

Lengthy and serious record – includes arson

Assault / Strangulation

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

Kalouf

NSW CCA [395]
18.11.2005

VG

20y
NPP 13y 6m

Conviction AD

 

Stabbed

Stabbed lover in hotel room – conviction appeal only

Verslyus
(32)

NSWSC [188]
Newman AJ

24.3.2006

VG

26y 8m
NPP 20y

 

Priors – no violence

Strangled

 

Intent to do gbh

Offence committed after 1.2.2003

Strangled girlfriend during argument – prior threats – not premeditated

Matheson
(21)

NSWSC [332]
Mathews AJ

28.4.2006

VG

27y
NPP 18y

 

Nil

Strangled

Offence committed after 1.2.2003

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

Suffering mental disorder affecting imprisonment

Mencarious
(37)

NSWSC [719]
Grove J

17.7.2006

 

[2008] NSWCCA 237

VG

26y 8m
NPP 20y

AD

Nil

Asphyxiation

 

Intent to kill

Offence committed after 1.2.2003

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

Shepherd
(35)

NSWSC [799]
Hoeben J

11.8.2006

 

NSW CCA [245]
17.11.2011

VG

20y
NPP 15y

Conviction AD

Nil

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)

NSWSC [897]
James J

8.9.2006

 

NSW CCA [63]
14.3.2007

VG

20y
NPP 14y

Crown AD

Breached 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)

NSWSC [1179]
Kirby J

17.11.2006

 

NSW CCA [168]
26.6.2009

VG

23y
NPP 17y

AD

Violence

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)

NSW CCA [390]
15.12.2006

VG

20y
NPP 15y

AD

Minor

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)

NSWSC [218]
James J

23.3.2007

VG
Murder

 

Sched:
3
Firearm 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)

NSWSC [460]
Hall J
11.5.2007

PG

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)

NSWSC [1392]
Berman AJ

14.12.2007

PG

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)

NSWSC [1418]
Bell J
14.12.2007

 

NSW CCA [38]
4.3.2010

VG

21y
NPP 16y

Conviction AD

Record 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)

NSWSC [170]
Mathews AJ

28.2.2008

PG
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 the 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)

NSWSC [109]
Hoeben J

14.3.2008

PG

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)

NSWSC [319]
Adams J

11.4.2008

PG

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)

NSWSC [877]
Price J
29.4.2008

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)

NSWSC [1297]
Studdert AJ

5.12.2008

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)

NSWSC [164]
Buddin J

17.3.2009

PG

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)

NSWSC [275]
RA Hulme J
16.4.2009

VG

28y
NPP 21y

 

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)

NSWSC [432]
Johnson J

22.5.2009

PG
Murder

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)

NSWSC [764]
McCallum J
7.8.2009

PG
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)

NSWSC [814]
Grove J

14.8.2009

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)

NSWSC [808]
Hulme J

14.8.2009

VG

18y
NPP 13y 6m

 

nil

Strangled

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

 

NSWSC [1077]
Howie J

9.10.2009

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)

NSWSC [1171]
Howie J

6.11.2009

PG
Murder

Mansl

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)

NSWSC [1382]
R A Hulme J
4.12.2009

PG

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)

NSWSC [64]
Rothman J
12.2.2010

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

Lechmana
(37)

NSWSC [849]
Latham J

9.7.2010

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)

NSWSC [983]
Buddin J

1.9.2010

PG

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

NSWSC [995]
Latham J

3.9.2010

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

Biddle
(60)

NSWSC [1262]
Garling J

28.10.2011

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

NSWSC [1460]
Schmidt J

30.11.2011

PG

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

Neave
(41)

NSWSC [229]
RS Hulme J
14.3.2012

VG

17y
NPP 13y

 

Nil relevant

Stabbing

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

 

NSWSC [521]
McCallum J

18.5.2012

VG

28y
NPP 21y

 

Assault

Unknown

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)

NSWSC [694]
Hidden J

22.6.2012

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 put of character

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

KJS
(36)

NSWSC [1690]
Hidden J

25.8.2011

VG

20y
NPP 15y

 

nil

Assault

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)

Maglovski (No.2)
(60)

NSWSC [16]
Beech-Jones J

4.2.2013

 

 

VG

20y
NPP 16y

 

Nil

Stabbed

 

 

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)

NSWSC [243]

Beech-Jones J
28.3.2013

VG 22y
NPP 16y 6m
Nil Bashed 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

Bolt
(26)

NSWSC [895]
Rothman J

5.7.2013

PG

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)

NSWSC [1128]

Button J
16.8.2013

 VG

24y
NPP 18y

 

Firearms, driving offences

Bashed

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

Gierczynski
(58)

NSWSC [1870]

Adamson J
13.12.2013

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)

NSWSC [1940]

Bellew J
20.12.2013

PG
(12.5%)

Murder

23y 4m
NPP 17y 6m

 

Violence and alcohol related offences

Assault

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)

NSWSC [49]

McCallum J
11.2.2014

VG

26y
NPP 18y

 

Drug 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)

NSWSC [413]

Campbell J

10.4.2014

PG

18y 9m
NPP 14y

 

Assault (on partner)

Stabbing

SNPP 20y
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)

NSWSC [443]

Fullerton J 16.4.2014

VG

29y
NPP 22y

 

Nil relevant

Stabbing

Intent to kill

SNPP 20y
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

PG19y
NPP 14y 3m
AOABH Strangled/

Choked and assault

SNPP 20y
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

​VG21y

NPP 16y

​NilStabbing

Intent to kill

SNPP 20y
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

 

Sched: Assault (on same victim)

21y

NPP 15y 9m

​​Previous domestic violence assaults

Bashed

 

Intent GBH

SNPP 20y
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

​PG22y 6m

NPP 16y 10m

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

Strangled

SNPP 20y
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 cleaverSNPP 20y
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

​VG23y

NPP 16y

​NilStabbing, assault and asphyxiation

 

Intent to kill

SNPP 20y

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