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 - Juveniles

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

Where the victim was a police officer, emergency services worker, correctional officer, judicial officer, health worker, teacher, community worker, or other public official, exercising public or community functions and the offence arose because of the victim’s occupation or voluntary work:  25 years

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

Other cases:  20 years  

NameDatePleaSentenceAppealRecordHow KilledInvolvement & Summary

MORGAN

(17y 3m)

 

MIHAILOVIC

(18y 5m)

 

HOWARD

(18y 2m)

NSWSC

B- Parker J

15.4.1991

 

 

 

NSWSC

B- Parker J

30.8.1991

VG

MT 10y

AT 8y

 

MT 10y

AT 8y

 

MT 8y

AT 5y

AD

(1992) 29 NSWLR 242

nil

 

nil

 

 

minor

assaulted

 

intent to do GBH / joint enterprise to assault

Gang homosexual bashing. V lured to toilet and attacked - beating and kicking.

H some assistance to police.

CALLEJA
(17)

NSWSC

Slattery AJ
19.7.1991

VG

Murder

 

PG

Rob
2 x Obtain by deception

MT 15y
AT 5y
 long record armed robbery, kidnapping

strangled

 

reckless indifference

Tied elderly lady up in house, took chequebook and withdrew money.

Escapee at time of offence.

LOWE
(17y 4m)
NSW CCA
19.2.1992
VG

MT 12y
AT 3y 7m

AA
MT 10y 3m

AT 5y 4m

nil

assaulted

 

intent to do GBH

Rammed head into pole. Not premeditated. Blamed others until after conviction. Vicious attack by large youth on smaller youth.

MTD

(16y 8m)

 

 

 

S McAULIFFE
(17y 11m)


D McAULIFFE

(16y 10m)

NSWSC

Wood J

7.8.1992

PG

Murder

Malicious wounding

 

VG
Murder Rob/wound

VG
Murder

Mal wound with intent to do GBH.

MT 11y
AT 8y

 

 

 

MT 12y
AT 8y



MT 12y
AT 8y

McAuliffe brothers:

CCA AD
(1993) 70 A Crim R 303

 

H.Ct Conviction AD

(1995) 69 ALJR 621

lengthy, including assault

 

 

 

nil



nil

assaulted / drowned

 

Common criminal enterprise to assault

Attacked two men with intent to rob – one man assaulted with hammer, punching and kicking - one fell over the cliff.
ZIDANSEK
(17y 11m)

NSW CCA

31.8.1992

PGMT 13y
AT 7y
ADminor BES

assaulted

 

intent to do GBH

Sustained attack on tramp with pipe – victim set alight.
VERNEY
(16)

NSW CCA

23.3.1993

VG
2 x Murder
MT 13y
AT 7y
ADminorshotShot mother and baby sister. - claim of mercy killing.  DR rejected.
CRAIG
(16½)

NSWSC

Abadee J
14.4.1993

VG murder

PG

Kidnap

Use weapon resist arrest

MT 7y 6m

AT 6y

 On bail and bond.  Priors include. kidnap and possess offensive weapon

stabbed

 

intent GBH

Spur moment, affected by liquor - threatened girlfriend and stabbed male with knife when he sought to intervene - abducted pregnant girlfriend, used knife to resist arrest.

Earlier attempt to PG rejected

FJD
(17y 1m)

NSWSC

Wood J
8.4.1994

VG

(DR rejected)

MT 10y
AT 8y
 minor dishonesty, minor drug

stabbed

 

intent GBH

Female.  Stabbed taxi driver in neck.  Disturbed and under stress, angry, and had desire to strike out at others.

GIESELMANN

(15)

 

 

 

 

 

 

 

 

SHERWOOD

(17)

NSWSC

Studdert J

3.11.1995

 

NSW CCA

12.11.1996

 

NSW CCA

13.7.1998

 

NSWSC

Studdert J

3.11.1995

 

NSW CCA

24.7.1998

VG

 

 

 

 

 

 

 

 

 

VG

MT 12y 6m

AT 5y 6m

 

 

 

 

 

 

 

 

MT 12y 6m

AT 5y 6m

Conviction AD

Sentence AD

 

 

 

 

 

 

 

Conviction AD

Nil

 

 

 

 

 

 

 

 

assault and dishonesty

stabbed

 

intent kill

Stabbing of female youth worker at youth refuge.  Robbery.  Savage attack: fourteen stab wounds.  Although both involved equally in stabbing, G played a more primary role in planning.

G:  tragic background left her with no "moral control" and "an uncaring attitude".

DAR
(16y 11m)

NSWSC

B-Parker J

29.9.1994

 

NSW CCA
8.11.1995

VG

MT 9y

AT 6y

AD stabbedDeliberate stabbing of another youth at dance party with a knife

GAC

(15)

 

 

 

 

 

JOHNSON

(18)

NSWSC

Ireland J

24.4.1996

 

NSW CCA

1.4.1997

 

NSWSC

Ireland J

24.4.1996

VG

Murder

Rob with wounding

MT 6y

AT 4y

 

 

 

 

 

MT 8y

AT 4y

Conviction AD

 

 

 

 

 

 

 

record

assaulted

 

felony murder / common purpose

Group of young persons assaulted elderly vagrant in park.

JB

(15y 11m)

 

 

 

RJH

(17y 10m)

Hunt CJ at CL

20.11.1997

 

 

 

Hunt CJ at CL

25.11.1997

 

[1999] NSWCCA 93

PG

 

 

 

 

PG

MT 11y

AT 5y

(20% assistance)

 

MT 12y

AT 6y

AD

 

 

 

 

AD

appalling, including violence

 

 

bad record, including violence

assaulted

 

felony murder

Cousins robbed commuter walking home from train station. Struck head with rock.

H regarded as less culpable.

HAS

(17y 7m)

NSW CCA

13.8.1998

PG

MT 12y

AT 5y

AA

MT 10y 6m

AT 6y 6m

nil

stabbed

 

intent kill

Stabbed and assaulted 69y acquaintance. No pre-meditation.

Aboriginal with deprived childhood. Suffering significant brain damage, alcohol abuse. Good rehabilitation.

GRAFF

(20)

 

 

 

 

 

 

LEAITUAALESI

(19)

 

 

RT

(17)

NSWSC

Barr J

25.9.1998

 

[2001] NSWCCA 3

 

 

NSWSC

Barr J

25.9.1998

 

NSWSC

Barr J

25.9.1998

PG

Murder

Rob in Co

 

Sched:

AOABH

Mal inflict gbh

 

PG

Murder

Rob in Co

 

PG

Murder

Rob in Co

MT 18y

AT 5y

 

 

 

 

 

 

MT 10y

AT 6y

 

 

MT 11y

AT 6y

AD

minor record - on bail at time of offending

 

 

 

 

 

 

no significant history

assaulted

Punched and kicked taxi driver in the head and body. Stripped and whipped him with his belt. Drove off in taxi. No reason for attack. Equal culpability.

Robbery of taxi driver nine days earlier. Took taxi and money.

G: History of alcohol, violence, low intellectual functioning. Considered leader of group.

L: Difficult background, previously stabbed. Alcohol addiction, low intellectual functioning and depression lessen criminal responsibility.

MHN

(17y 10m at offence – 20 at sentence)

 

 

 

 

Co-offender:

TNT

NSWSC

Kirby J

29.10.1998

PG

MT 16y

AT 6y

 Breached probation for AOABH – subsequent offences for violence

Cut throat with knife

 

Intent kill

Part of group of four youths who took 17y male acquaintance to park area and assaulted causing serious injury –strangled, stabbed and throat cut – body dumped at building site – brutal crime – seeking to eliminate witness to earlier offence

Vietnamese – suffering depression – Evidence of explosive temper

Subsequently sentenced to concurrent sentence for manslaughter (MHN NSWSC 20.11.1998)

HOOKER

(17)

[1999] NSWSC 896

Barr J

PG

Murder

2 x Rob with violence

Murder:

MT 7y

AT 6y

 

Total:

MT 10y

AT 6y

 drug related offencesstabbed

Went to flat to purchase heroin with six friends. V stabbed in chest three times with knife found at flat.

Prospects of rehabilitation.

ROBINSON

(17)

[2000] NSWSC 972

Adams J

 

[2002] NSWCCA 359

PG

45y

NPP 35y

AA

45y

NPP 27y

 

bowling pin

 

intent kill

Accompanied stranger home with intention to at least assault and rob. Bashed V then stabbed and mutilated body. Boasted of killing to friends.

Extremely dangerous and disturbed person.

KANE

(16 at time of offence; 26 at time of sentence)

[2000] NSWSC 1061

Barr J

 

[2001] NSWCCA 150

VG

10y 6m

NPP 8y 8m

Crown ADminor

suffocated

 

intent kill

1990: With co-offender bashed male school teacher in his home with baseball bat. V suffocated after being tied up with plastic bag taped over head. Believed co-offender had been raped by V.

Retrial - return to prison particularly stressful.

NSWSC [647] Sully J 2.7.1999

MCNELLEE

 

 

TUCKER

(33)

 

DALLEY

(16)

[2000] NSWSC 1154

Bell J

 

 

(Appeal – Dalley only)

(2002) 132 A Crim R 169

NSWCCA

PG

 

 

VG

 

 

VG

14y

NPP 10y 6m

 

13y

NPP 9y

 

10y

NPP 6y

 

 

 

 

 

 

Conviction AD

minor

 

 

nil

 

 

nil

stabbed

 

common purpose robbery

Offenders involved in common purpose to rob victim of cannabis while armed with knives, mattock handle and machete. Victim stabbed 21 times by fourth offender.

All offenders played subsidiary role; good prospects of rehabilitation.

O'GRADY

(16y 9m)

[2000] NSWSC 1255

Hulme J

VG

15y

NPP 10y

 no significant recordshot

Led 15y male acquaintance into bush area and shot with rifle and silencer 9 times. Voluntarily surrendered to police. No rational explanation for offence.

Displayed genuine remorse and shame - long history of drug abuse - desensitised to violence but no actual history of violence - impulsive - some degree of depersonalisation at time of offence - general deterrence limited value.

PHUNG

(17)

[2001] NSWSC 357

Wood CJ at CL

PG

Murder

s.97(2)

 

Sched:

2 x AR in Co

Possess unauth firearm

Murder:

13y

NPP 8y

 

Total:

14y

NPP 9y

 some prior and subsequent offences

Shot

 

felony murder

With co-offender robbed two males at entertainment arcade of various personal property - used .32 calibre weapon wrapped in towel. In subsequent robbery male shot in chest attempting to aid victim of robbery.

Deprived childhood resulting in living on streets and drug addiction at early age - no contact with any family.  Good rehabilitation since custody.

WHITFIELD

(17)

[2001] NSWSC 876

Adams J

 

[2002] NSWCCA 501

VG

20y

NPP 13y

Conviction and sentence ADlengthy criminal record

stabbing

 

intent to do gbh

Went armed with knives to V's house with three others to commit robbery.  Stabbed V three times probably in panic to escape.

Disturbed and troubled childhood displaying early signs of behavioural difficulties.

Aboriginal.

TRAN

(16 at time of offence

22 at time of sentence)

 

Co-offenders:

PHAM

NGUYEN

[2002] NSWSC 394

Sully J

PG

Murder

Unlawfully imprison

14y

NPP 9y

 no criminal history

shooting

 

intent to kill

Involved in gang - Agreed to shoot V for older friend - Took V to oval at night and shot him four times - Gangland killing - Degree of coercion and manipulation

Subsequently assaulted and moved interstate with girlfriend and baby daughter - established new life  - 4 year delay - Excellent work record - Good prospects of rehabilitation - genuine remorse - Assistance - Protective custody

TNT

(16 at time of offence

22 at time of sentence)

 

 

 

 

 

Co-offender:

MHN

[2002] NSWSC 537

Hidden J

PG

10y

NPP 6y

(cumulative to earlier sentence for murder)

 

Total:

23y 3m

NPP 14y 3m

 

sentenced one month earlier for unconnected murder committed 8 days earlier:

Tran

NSWSC [394]

Sully J

2.5.2002

stabbing

 

accessory

With 2 co-offenders took 18y victim from coffee shop to nearby street and assaulted him - V tied up in house then taken to garage - Further assaults committed in garage - V stabbed in throat by co-offender in absence of offender

Disturbed childhood - At time of killings involved in gang and under influence of co-offender - Drawn into serious life of crime - Subsequent to killings left gang and seriously assaulted - Moved interstate with pregnant girlfriend - Evidence of good character - Volunteered guilt - Assistance to authorities

PHAM

(17)

[2002] NSWSC 567

Hulme J

 

[2005] NSWCCA 9

VG

25y

NPP 20y

AA

20y

NPP 16y

record not serious but displayed contempt for lawshootingShot drug dealer in car three times - Motive unclear - Not satisfied offender entered car with weapons - Satisfied offender and friend agreed to kill if circumstances warranted course - Cold-blooded execution of business associate

MTN

(17)

[2002] NSWSC 1160

O'Keefe J

VG

Murder

 

PG

Mal wound

Affray

Murder:

16y 6m

NPP 11y

 

Total:

17y 6m

NPP 12y

 not relevant

stabbing

 

intent to do GBH

Gang attack on 2 victims outside amusement centre - Mistakenly believed V belonged to gang responsible for assault on friend - One V stabbed in shoulder - Second V stabbed in heart - Leader of attack

Remorse - Married with one child - Borderline intelligence - Good prospects of rehabilitation - Disturbed background

SLD

(13y 10m)

[2002] NSWSC 758

Wood CJ at CL

 

(2003) 142 A Crim R 503

NSWCCA

PG

20y

NPP 10y

AD 

stabbing

 

intent to kill

Broke into neighbouring home at night and abducted 3y sleeping girl - Removed clothes and stabbed her in chest once - Discarded body in long grass - Misled police during inquiries - Callous and cold-blooded killing - Motive unclear

Seriously affected by background of upheaval, abuse and lack of emotional support, intellectual and speech disability and dysmorphic appearance - Sexually abused by half brother - Disturbed and problematic individual - History of aggressive and unacceptable behaviour - Significant level of future dangerousness, although difficult to assess at this stage

SJB

(15)

 

McLEAN

(18)

[2002] NSWSC 1042

Wood CJ at CL

PG

 

 

PG

Murder

Take and drive conveyance

15y

NPP 10y

 

19y

NPP 13y

 

nil

 

 

no violence

stabbing

 

intent to kill

McL angered by sexual interlude between SJB and victim - Agreed to stab V - Multiple stab wounds in car - Equal involvement in killing

Both suffered limited intellectual resources, impulsiveness and ADHD - Offence out of character - Offenders involved in destructive relationship

P PHAM

(18)

 

NGUYEN

(17)

 

 

 

 

 

 

Co-offender:

TRAN

[2002] NSWSC 1261

Sully J

 

VG

 

 

VG

 

16y

NPP 11y

 

17y 38w

NPP 11y 38w

(partially cumulative to existing sentence)

 

Total:

31y

NPP 25y

 

record unclear but not significant

 

appalling record for violence - includes murder and manslaughter committed around same time, subsequent murder in gaol

shooting

 

intent to kill

1996 execution in context of gang involvement - Victim taken to oval by offenders at night and shot four times by Tran

PP - Vietnamese - difficult childhood - refugee - drugs - need for psychiatric care - important co-operation with police

N - Traumatised childhood - Serious depression - Serving sentences for:

Murder: 29.10.1998 Kirby J

Manslaughter: 20.11.1998 Kirby J

Murder: 15.12.2000 Whealy J

MA

(17)

[2003] NSWSC 978

Shaw J

 

(2004) 145 A Crim R 434

NSWCCA

PG

(25%)

13y 6m

NPP 8y 6m

Crown AA

16y

NPP 11y

PG (15%)

Nil

Shooting

 

Reckless indifference

During altercation with 18y male on street shot victim in chest at close range – Offence unplanned and unpremeditated

JSK

(16y)

 

 

Co-offender:

MAH

NSWSC [871]

Hislop J

30.8.2005

[2004] NSWSC 470

Buddin J

PG

11y

NPP 7y

 NilAssault

Fatal assault on 17y friend at instigation of co-offender – friend taken to remote area and body buried – pre-meditation – element of duress – voluntary admission of guilt three years later

Extreme remorse – significant assistance against co-offender – emotionally immature – excellent prospects of rehabilitation

TJA

(17)

 

 

Co-offender

WILLARD

WILKINSON

[2004] NSWSC 1308

Howie J

PG

22y 6m

NPP 16y 6m

 Nil for violence – breached bail and bondShooting

SNNP 20 years

Involved in killing of male on behalf of wife - shooter – victim shot in back of head while asleep on lounge – premeditated offence for financial reward – seeking to impress older girlfriend

Remorse – severely deprived childhood resulting in early drug abuse

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

AB

(17)

[2005] NSWSC 521

Adams J

 

(2005) 156 A Crim R 577

NSWCCA

PG

(15%)

Murder

Mal inflict GBH

14y

NPP 9y 6m

(concurrent sentence)

Crown AA

(to partially accumulate sentences)

Murder:

14y

NPP 9y

Total:

15y

NPP 10y

Not statedShot

SNPP 20 years

Argument initiated by co-offender with group of men on street - AB came to assistance, shooting two of them- one killed – one permanently injured – intoxicated – impulsive act – 15% discount for PG

Some family support but also DV by father – Aboriginal though family does not identify as such – heavy D&A use from very early age, encouraged and facilitated by father – remorse – good prospects for rehabilitation – 20 month old daughter

Co-offender Clifford convicted of mansl

MAH

(17y 10m - 22 at sentence)

 

Co-offender:

JSK

NSWSC [470]

Buddin J

14.5.2004

[2005] NSWSC 871

Hislop J

 

[2006] NSWCCA 226

VG

22y

NPP 16y 6m

Crown AD

AD

1 x neg drivingAssault

Fatal assault on 17y friend  - principal - friend taken to remote area and body buried – pre-meditation

Good employment history – supportive family – denies all involvement

A

(16)

[2006] NSWSC 1035

Buddin J

PG

12y 8m

NPP 9y 6m

 Priors

Stabbing

 

Felony murder

SNPP 20 years

Involved in armed robbery of service station – after robbery co-offender suddenly and without provocation stabbed operator four times

Remorse – prospects of rehabilitation – assistance – protective custody

MB

(16)

[2006] NSWSC 1164

Howie J

 

[2013] NSWCCA 254

VG

22y

NPP 15y 6m

AA

17y 6m

NPP 12y 6m

Nil

Assault with broken bottle

 

Intent to inflict GBH

SNPP 20 years

Unprovoked confrontation on street between group of intoxicated youth and two intoxicated males – fist fight between offender and victim – stabbed V in neck with broken bottle – unplanned offence – Midrange seriousness

Born in PNG – positive evidence of rehabilitation.

"Muldrock error" – insufficient weight given to age.

SSA

(17)

 

 

 

Co-offender:

SIOSE (manslaughter)

[2007] NSWSC 1202

Hidden J

VG

18y

NPP 13y

 Brief

Stabbing

 

Intent to GBH

SNPP 20 years

Stabbed young stranger during fight in amusement arcade – in company – carrying knives for protection – single stab to chest – spontaneous offence

Disturbed childhood – Philippino – became involved in gang culture and early drug abuse – evidence of rehabilitation and remorse

DL

(16)

[2008] NSWSC 1199

Hulme J

VG

22y

NPP 17y

 Nil

Stabbing

 

Not satisfied intent to kill

SNPP 25 years

Stabbed 15y school girl walking home from school 48 times – frenzied killing – no explanation for attack – irrational – premeditation not established – intent to kill not established – uncharacteristic – possible psychotic episode – little below mid-range

Suffering anxiety and depression – declined to discuss offence claiming innocence

BH

(17)

[2009] NSWSC 358

Hidden J

PG

(25%)

17y

NPP 13y

 Disturbing record – includes AR and Rob in Co – breached probation

Assault

 

Felony murder

SNPP 20 years

Assaulted 23y homeless male with garden stake outside Town Hall – intended to rob V of poker winnings – below mid-range

Troubled childhood – sexual abuse – early substance abuse – remorse – gaining insight – reasonable prospects of rehabilitation

LR

(16)

 

 

 

 

Co-offender:

KR

[2010] NSWSC 22

Howie J

PG

(20%)

 

Assault w/I to rob in co

14y 3m

NPP 10y 6m

 

FT 6m

(concurrent)

 nil

Assault

 

Intent GBH

Agreed with co-offender to find person to rob – Assaulted male stranger and stole mobile phone – assault initiated by co-offender who stomped on head of victim – offender joined assault and kicked victim once to head - assaulted male bike rider with intent to rob shorting before killing

Aboriginal – some evidence of rehabilitation in custody and remorse

KR

(17)

 

 

 

Co-offender:

LR

[2010] NSWSC 188

Howie J

 

[2012] NSWCCA 32

PG

(15%)

 

2 x Ass w/I Rob

18y 9m

NPP 12y

 

Total:

19y 6m

NPP 12y 9m

ADnil

Assault

 

Intent GBH

Agreed with co-offender to rob someone – kicked male victim to death in driveway of house – assault included stomping on head – subsequently attempted to rob cyclist - pushed female from behind, punched her twice to head and kicked in cheekbone

Aboriginal – drug and alcohol abuse - remorse

JB

(15)

[2010] NSWSC 543

Latham J

 

[2012] NSWCCA 12

VG

23y

NPP 16y

ADNil

Stabbing

 

Intent GBH

Street brawl between offender's groups and group with Victim – offender principal aggressor – lunged at male with knife – stabbed victim who was waiting away from group uninvolved – no basis for attack – victim unarmed and unprotected – severed femoral artery - intoxicated

Sudanese refugee with very difficult childhood

MJR

(17)

[2010] NSWSC 653

Johnson J

PG

Murder

Agg BES

16y 2m

NPP 11y 1m

 

(cumulative on separate sentence for Agg BE&S)

 

 

  Shot

Shot father whilst asleep at close range to back of head – no real evidence of abuse by father.

Mental health - juvenile bipolar disorder and depression, affected A's judgment and contributed to commission of offence.

Bottom of middle range of objective seriousness: at [68].

Recommend A be detained in Forensic Hospital for as long as reas possible.

DB

(16)

[2010] NSWSC 812

Barr AJ

PG

 

Murder

Wound w/I murder

Assault

Murder:

20y

NPP 12y

 

Total:

24y

NPP 16y

 nil

Stabbing

 

Intent to kill

Broke into home of ex-girlfriend armed with carving knife at night – fatally stabbed father of ex-girlfriend in confrontation – stabbed mother in bedroom then pursued her outside and stabbed in back and continued to stab – taunted ex-girlfriend about killings, pushed her up against wall, slapped her face and forcefully kissed her on lips – disabled telephones

Vindictively jealous and made numerous threats against various people before incident – otherwise prior good character – no mental illness – remarkable progress in gaol

MILAT

(17)

 

KLEIN

(18)

[2012] NSWSC 634

Mathews AJ

 

 

 

 

 

 

 

 

[2014] NSWCCA 29

PG

(No discount)

 

PG

(discount lower range)

43y

NPP 30y

 

32y

NPP 22y

AD

 

 

AA

27y

NPP 20y

(25% PG)

Mid-range PCA.

 

No violence.

Axe

SNPP 25 years (to Klein only)

Both accused and another friend CD invited V to accompany them to Belanglo Forest for drinking and being together – M and K planned killing - M took double sided axe from vehicle and struck V in torso before striking V to back of head – killing recorded by K on mobile phone – co-accused friendly with V.

"Thrill kill" – planned - premeditated - actual use of weapon - in company - gratuitous cruelty.

Milat: Personality dysfunctions and lack of empathy -  poses substantial risk of violent re-offending -  remains a serious potential danger to the community – no remorse – worst case category murder.

Klein:  Impressionable, strongly influenced by M - no psych illness - prospects of rehabilitation as at least moderate, more favourable – within serious range.

JK

(juvenile)

[2012] NSWSC 710

Harrison J

VG

(17.5%)

Murder

 

Attempted Agg BES

 

Sched:

6 offences

15y

NPP 10y

 

Total:

15y 9m

NPP 10y 9m

 Breached parole – record for dishonesty and car theft

Car

 

Constructive murder

With group of young men stole cars – attempted to break into service station – attacked male victim and his adult son standing near car – stole car and drove out of service station – struck male victim on road who was attempting to escape on foot – no intent to run over of inflict harm – affected by alcohol

Difficult and traumatic childhood – low intelligence – limited education - early drug and alcohol abuse – mental illness – aboriginal - youth

MA

(17)

Co-Accused:

BYQUAR

RAMOS

NATUBA

TAMAPUA

KHOURY

KARIMI

MIR

[2012] NSWSC 1527

Johnson J

PG

(25%)

Murder

Sp Agg BES

AR

 

Sched: Conspire robbery; AR

Murder:

20y

NPP 14y

 

Total:

23y

NPP 17y

 on bond. Stalking, intimidation, assault w.i rob in co.

Joint criminal enterprise.

 

Wounded with meat cleaver / machete

SNPP 20 years

Home invasions committed over three-day period with number of other young males - armed with meat cleavers - occupant at one home seriously injured - occupant of another house killed while resisting offenders - did not strike V but present

remorse, rehabilitation, maturity

LOVERIDGE

(18)

 

 

 

 

 

 

 

 

 

AB

(17)

[2013] NSWSC 1591

Adams J

 

 

 

 

 

 

 

 

(AB)

[2014] NSWCCA 339

VG

Murder

 

PG

s.112(3)

s.96

2 x public justice offences

 

 

PG

Murder

 

s.112(2)

Intimidate

Sched:

Use postal service to threaten harm

45y

NPP 30y

(all sentences concurrent)

 

 

 

 

 

 

 

45y

NPP 30y

(all sentences concurrent)

 

 

 

 

 

 

 

 

 

 

 

 

AD

Minor record – breached bond

 

 

 

 

 

 

 

 

 

Lengthy and violent record – breached probation – violent record in custody

Stabbing

 

Intent to kill

SNPP 20 years

Broke into neighbouring house at night – assaulted 87y female occupant with walking stick – made threats – stole property

Premeditated and unprovoked attack on three male strangers walking down the street – L slashed knife against neck of one male – knocked second male to ground – 'cowardly, sadistic, pitiless, deadly attack, stabbing and cutting him repeatedly' – left scene then returned to continue assault – attack included intent to torture – both represent danger to community – worst case

AB threatened girlfriend – L threatened witness

 

L – seriously deprived childhood affecting ability to make moral judgments – low intelligence – drug and alcohol abuse

AB – severely deprived childhood including violence – limited education – drug and alcohol abuse – no discount for guilty plea for murder offence

TNV

(17)

 

 

 

 

 

 

Co-offenders:

NGUYEN

LUONG

(2011)

[2014] NSWSC 1510

Fullerton J

PG

(15%)

 

2 x Murder

19y 3m

NPP 13y 11m

  

Stabbing

 

Joint enterprise

Victims stabbed during attack by four males outside bar during argument – TVN inflicted one non-fatal stab wound on one victim during fight - attack a response to earlier attack on co-offender by one victim and friends  – delay between incidents and degree of planning – mid range offences – disregard for public safety – under influence of 26y co-offender – offences above mid-range

Spent three years in Vietnam with father after murder – voluntarily returned – difficult childhood – evidence of rehabilitation

SB

(16) (Now 20)

 

AE

(16) (Now 20)

 

 

MG

(15) (Now 20)

[2015] NSWSC 659

Hall J

Each:

VG

Each:

12y

NPP 8y

 

Each:

Nil

Bashing

 

Joint criminal enterprise

Joint criminal enterprise – part of group of males - bashing and fatal assault of male V at party – group kicked and bashed V – V struck on head by co-offender JP with wine bottle causing V's death.

Each offender:  favourable rehabilitation and strong subjective circumstances.

KATSIS

(17 – 44 at sentence)

[2015] NSWSC 1890

Fagan J

VG

 

Murder

s.61D(1)

FT 6y

20y NPP 15y

(concurrent)

 Subsequent record for petty offences involving dishonesty and assault

Strangulation

 

Intent to kill

1988 – forced entry into neighbouring unit – sexually assaulted and strangled 66y female occupant - set fire to contents of unit

Abusing drugs and alcohol at time of offence – subsequent 27y demonstrates no risk of re-offending