This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.
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
B- Parker J
(1992) 29 NSWLR 242
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.
Slattery AJ 19.7.1991
Rob 2 x Obtain by deception
Tied elderly lady up in house, took chequebook and withdrew money.
Escapee at time of offence.
AA MT 10y 3m
AT 5y 4m
intent to do GBH
S McAULIFFE (17y 11m) D McAULIFFE
VG Murder Rob/wound
Mal wound with intent to do GBH.
MT 11y AT 8y
MT 12y AT 8y
CCA AD (1993) 70 A Crim R 303
H.Ct Conviction AD
(1995) 69 ALJR 621
lengthy, including assault
assaulted / drowned
Common criminal enterprise to assault
Abadee J 14.4.1993
VG murder PG
Use weapon resist arrest
MT 7y 6m
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
Wood J 8.4.1994
MT 12y 6m
AT 5y 6m
assault and dishonesty
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".
NSW CCA 8.11.1995
Rob with wounding
felony murder / common purpose
Hunt CJ at CL
 NSWCCA 93
appalling, including violence
bad record, including violence
Cousins robbed commuter walking home from train station. Struck head with rock.
H regarded as less culpable.
MT 10y 6m
AT 6y 6m
Stabbed and assaulted 69y acquaintance. No pre-meditation.
Aboriginal with deprived childhood. Suffering significant brain damage, alcohol abuse. Good rehabilitation.
 NSWCCA 3
Rob in Co
Mal inflict gbh
minor record - on bail at time of offending
no significant history
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.
(17y 10m at offence – 20 at sentence)
Cut throat with knife
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)
 NSWSC 896
2 x Rob with violence
Went to flat to purchase heroin with six friends. V stabbed in chest three times with knife found at flat.
Prospects of rehabilitation.
 NSWSC 972
 NSWCCA 359
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.
(16 at time of offence; 26 at time of sentence)
 NSWSC 1061
 NSWCCA 150
NPP 8y 8m
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  Sully J 2.7.1999
 NSWSC 1154
(Appeal – Dalley only)
(2002) 132 A Crim R 169
NPP 10y 6m
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.
 NSWSC 1255
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.
 NSWSC 357
Wood CJ at CL
2 x AR in Co
Possess unauth firearm
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.
 NSWSC 876
 NSWCCA 501
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.
(16 at time of offence
22 at time of sentence)
 NSWSC 394
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
 NSWSC 537
(cumulative to earlier sentence for murder)
NPP 14y 3m
sentenced one month earlier for unconnected murder committed 8 days earlier:
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
 NSWSC 567
 NSWCCA 9
 NSWSC 1160
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
 NSWSC 758
(2003) 142 A Crim R 503
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
 NSWSC 1042
Take and drive conveyance
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
 NSWSC 1261
NPP 11y 38w
(partially cumulative to existing sentence)
record unclear but not significant
appalling record for violence - includes murder and manslaughter committed around same time, subsequent murder in gaol
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
 NSWSC 978
(2004) 145 A Crim R 434
NPP 8y 6m
 NSWSC 470
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
 NSWSC 1308
NPP 16y 6m
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
 NSWSC 730
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
 NSWSC 521
(2005) 156 A Crim R 577
Mal inflict GBH
NPP 9y 6m
(to partially accumulate sentences)
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
(17y 10m - 22 at sentence)
 NSWSC 871
 NSWCCA 226
Fatal assault on 17y friend - principal - friend taken to remote area and body buried – pre-meditation
Good employment history – supportive family – denies all involvement
 NSWSC 1035
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
 NSWSC 1164
 NSWCCA 254
NPP 15y 6m
NPP 12y 6m
Assault with broken bottle
Intent to inflict GBH
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.
 NSWSC 1202
Intent to GBH
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
 NSWSC 1199
Not satisfied intent to kill
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
 NSWSC 358
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
 NSWSC 22
Assault w/I to rob in co
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
 NSWSC 188
 NSWCCA 32
2 x Ass w/I Rob
NPP 12y 9m
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
 NSWSC 543
 NSWCCA 12
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
 NSWSC 653
NPP 11y 1m
(cumulative on separate sentence for Agg BE&S)
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 .
Recommend A be detained in Forensic Hospital for as long as reas possible.
 NSWSC 812
PG(discount midway in the scale)
Wound w/I murder
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
 NSWSC 634
 NSWCCA 29
(discount lower range)
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.
 NSWSC 710
Attempted Agg BES
NPP 10y 9m
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
 NSWSC 1527
Sp Agg BES
Sched: Conspire robbery; AR
Joint criminal enterprise.
Wounded with meat cleaver / machete
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
 NSWSC 1591
 NSWCCA 339
2 x public justice offences
Use postal service to threaten harm
(all sentences concurrent)
Minor record – breached bond
Lengthy and violent record – breached probation – violent record in custody
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
 NSWSC 1510
2 x Murder
NPP 13y 11m
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
(16) (Now 20)
(15) (Now 20)
 NSWSC 659
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.
(17 – 44 at sentence)
 NSWSC 1890
20y NPP 15y
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