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 - Child Victims since 2000

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

Other cases:  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  

Name

Date

Plea

Sentence

Appeal

Record 

How Killed 

Involvement & Summary 

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

CIKOS

[2001] NSWSC 35

Dunford J

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

MCINTYRE

(44)

[2001] NSWSC 500

Bell J

 

[2002] NSWCCA 29

VG

22y
NPP 17y

AD

negligible

stabbed

 

intent to kill

Stabbed 14y boy in neck and chest. Disposed of body in bushland after cutting off penis and scrotum and attempting to saw off leg. Motive unclear. Not premeditated.

Socially isolated lifestyle. Family support.

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.

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

MERRITT
(30)

[2002] NSWSC 1159

Greg James J

 

(2004) 146 A Crim R 309

NSWCCA

PG

3 x Murder

Life

AA
34y
NPP 27y

minor

suffocation

 

intent to kill

Father killed his 3 children aged 11w, 11m and 6y on custody visit - No explanation for killing - Incomprehensible action - no evidence of mental disorder

Insufficient weight given to A’s depressive state – Sentence patterns show life not imposed in cases of parents murdering children.

FOLBIGG

(36)

[2003] NSWSC 895

Barr J

 

(2005) 152 A Crim R 35

NSWCCA

 

[2007] NSWCCA 371

VG

Manslaughter

Intentionally inflict GBH

3 x Murder

40y
NPP 30y

Sentence AA
30y
NPP 25y

 

Conviction AD

Nil

Suffocation

 

Intent to kill

Mother killed four babies over ten years – Suffocated each child in spontaneous burst of anger – Earlier attack on second child caused blindness

Seriously psychologically damaged by early neglect and physical and sexual abuse – Protective custody

 

On appeal: error in cumulation and overall sentence crushing – comments on public opinion

FRASER

(36)

[2004] NSWSC 53

Howie J

 

[2005] NSWCCA 77

VG

3 x Murder

32y
NPP 27y

AD

Nil

Drowning

 

 

Drugged daughter and 2 sons with sleeping tablets then drowned them in bath – Daughter violently struggled – Revenge against estranged wife – Genuine attempt at suicide – Premeditated and planned offences

Severely mentally disturbed at time – History of mental illness – Protective custody

JSK

(16y)

 

 

Co-offender:

MAH

NSWSC [871]

Hislop J

30.8.2005

[2004] NSWSC 470

Buddin J

PG

11y
NPP 7y

 

Nil

Assault

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

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

VANN

(20)

[2004] NSWSC 988

Dunford J

PG

Murder

Assault

Possess loaded firearm

19y
NPP 14y 3m

 

Possess knife in public place

Shooting

 

Intent to kill

Shot 16y male stranger with SKS rifle during fight outside cinema – Called to cinema to assist

O’CONNELL

(18)

[2004] NSWSC 1120

Davidson AJ

 

[2006] NSWCCA 82

PG

35y
NPP 25y

AD

Juvenile record for serious crimes of violence

49 injuries, inc 10 stab wounds

 

Intent to kill

SNPP 20 years

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 – but for youth and plea, life sentence would have been imposed – limited protective custody

COULTER

(41)

[2005] NSWSC 101

G. James J

PG

Life

 

Nil

Smothered

 

intent to kill

SNPP 20 years

Killed 11y daughter of cousin – Planned to kill so would be forced to commit suicide – Smothered V in own home – Took body to bushland and grossly mutilated body before genuine attempt at suicide – carefully planned

Suffering severe depression, pervasive and intrusive violent thoughts and obsessive compulsive disorder

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

neg driving

Assault / kicking /

heavy log

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

Good employment history – supportive family – denies all involvement

JALATY

(30-31)

[2006] NSWSC 675

Grove J

VG

Murder

Mal Admin noxious thing

Murder:
20y
NPP 15y

 

Mal Admin:
FT 5y

(concur)

 

Not relevant

Ingestion of methadone

 

Recklessness

SNPP 20 years Female dosed 3y daughter with methadone causing cardiac respiratory arrest – 3 months later dosed daughter again causing death – attempting to control behaviour and keep child asleep during liaison with male friend

Difficult life with rape, forced marriages and serious back injuries from car accident – acute loneliness – drug addiction from back injuries – protective custody – chronic back pain

F.A.P

(24)

[2007] NSWSC 905

Howie J

PG

19y 6m
NPP 14y 6m

 

Record

Assault

SNPP 20 years Caused fatal head injury to 15m son – admitted abusing son physically over week preceding death – frustrated by victim’s crying and behaviour – unplanned offence – slightly below mid-range of seriousness

Aboriginal with deprived and troubled upbringing – immature and low intellectual ability

DN

(24)

[2007] NSWSC 1252

Hidden J

PG

Murder

Att murder

Murder:
20y
NPP 15y

 

Total
25y
NPP 20y

 

Nil

Stabbing

SNPP 20 years

Stabbed partner in face – fatally stabbed 11y step son – no explanation for uncharacteristic attack or violent rage – suffering at time from intoxication, cannabis withdrawal and depression – offences above mid- range

Aboriginal with no history for violence – deep remorse

RHB

(25 at 1st offence 37 at 2nd offence 41 at sentence)

[2007] NSWSC 1466

Hall J

 

(2008) 189 A Crim R 178

NSWCCA

VG

Mansl

Murder

Murder
30y
NPP 20y

 

Total:
34y 6m
NPP 24y 6m

Crown AD

AA

Murder

26y 8m

NPP 20y

 

Total:

31y 2m

NPP 24y 6m

Minor – no violence

Assault

SNPP 20 years

Killed 14m step son – traumatic injuries to head – circumstances of killing unclear – 12y later killed 2y son of sister in law – traumatic head injury – circumstances unclear – both children in care of offender – unlawful and dangerous act manslaughter

DL

(16)

[2008] NSWSC 1199

Hulme J

VG

22y
NPP 17y

 

Nil

Stabbing

 

Not satisfied intent to kill

SNPP 25years 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

PJS

(33)

[2009] NSWSC 153

Mathews AJ

VG

26y

NPP 20y

 

Lengthy record – breached bonds

Assault

SNPP 25 years

Severe assault of 3y step daughter left at home with offender and 9y sister when mother went to refuge – assaulted all over head and body – intoxicated – no recollection – position of trust – above mid-range

Violent childhood – protective custody – violent relationship with wife

WALSH

(69)

[2009] NSWSC 764

McCallum J

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

SNPP 25 years

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

SNPP 25 years

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

SW (No 3)

(34)

[2009] NSWSC 1043

Hulme J

 

[2013] NSWCCA 103

VG

Life

AA

40y

NPP 30y

Nil

Starvation, neglect.

SNPP 25 years

Mother of 7y daughter who died as a result of starvation and neglect – Daughter suffered developmental delay and autism – Left in bedroom in unhygienic conditions.

Worst case – drug use.

Father [BW] sentenced for manslaughter.

DENNIS

(19)

[2009] NSWSC 1357

Barr AJ

 

[2012] NSWCCA 120

VG

26y 8m

NPP 20y

Conviction AD

Nil

Assault

 

Intent GBH

SNPP 25 years

Assaulted 23m son of girlfriend while in his care – hit head with blunt instrument or forced head against wall – placed child back in cot – spontaneous offence – circumstances of offence unclear

Exemplary character – reasonable prospects of rehabilitation – protective custody

PFITZNER

(26)

[2009] NSWSC 1267

RA Hulme J

 

[2010] NSWCCA 314

PG

25y 6m

NPP 19y 2m

AD

Breached suspended sentence for mal inflict GBH in company – other offences

Asphyxiation

 

Intent GBH

SNPP 25 years

Mother mistreated, abused and assaulted 2y son over long period of time – Murdered victim by asphyxiation although actual method of killing unclear –wrapped body in plastic, placed in suitcase and threw in nearby pond – spontaneous offence giving in to anger and influenced by several factors and pressures – had declined to give up Dean to custody of mother or DOCS despite asking for help – aware victim about to be returned to lawful guardian - displayed appropriate parenting to two other children – slightly below mid range

LANE

(21 / 36)

[2011] NSWSC 289

Whealy J

(decision restricted)

 

[2013] NSWCCA 317

VG

Murder

3 x False swearing

18y
NPP 13y 5m

9m concurrent terms

Conviction AD

nil

Unknown

Intent to kill

Mother disposed of 2-day old daughter in 1996 – body never found and no information as to circumstances of or motive for killing – killing relatively spontaneous – suffering disordered personality - false swearing offences related to false information contained in affidavits used for adoption of other children – birth of daughter and two other children kept secret from friends and family

Strong character testimonials – rehabilitation – mother to 9y daughter – low level of protective custody

DA-PRA

(48)

 

[2012] NSWSC 607

RS Hulme J

 

[2014] NSWCCA 211

VG

Murder

Manslaughter

Attempt murder

20y

NPP 15y

AA

Manslaughter conviction quashed on grounds of mental illness.

 

Crown AA:
Murder & Attempt murder

Total –
25y
NPP 19y

Nil

Stabbed

SNPP 20 years Suffocated father (manslaughter) – ran next door to neighbours home - attacked 12 year old female neighbour and cut her throat (murder) – also attacked her mother and cut her throat (attempt murder).

Manslaughter charge: believed bikies were after him which led to argument with father.

Murder: Substantial impairment by abnormality of mind (at [50]) - unclear why attacked neighbours – did not attend their home with intention to kill.

Schizophrenia - chronic cannabis use – no prior violence – was a reliable employee – remorse – attempted suicide – no possibility of reoffending.

ABRAHAMS

(27)

 

 

 

 

 

 

    

 

Co-accused:

Smith [2013] NSWSC 796

Latham J (manslaughter)

[2013] NSWSC 952

Harrison J

PG

 

Murder

 

    

Improperly interfered with body of deceased

21y 6m
NPP 15y

FT 18m  

    

Total:
22y 6m
NPP 16y

 

Personal violence order (against same V)

Bashed

SNPP 25 years Female - murder of 6 year old daughter – In 2010 A called police saying V had gone missing – in 2011 V’s body found – A and partner S took police to gravesite of V - post-mortem suggested V suffered repeated injuries over weeks and months prior to death –suffered fractured teeth just prior to death suggesting blunt force trauma and consistent with being punched in an upward direction – A and partner S had placed V’s body in suitcase and placed body in hole in remote area – S had poured petrol over body and burnt it. Mid-range objective seriousness. Borderline disabled intellectual range – dysfunctional and disruptive upbringing – upbringing in violent household – Aboriginal background.

 

MBELE

(22)

[2013] NSWSC 1394

Latham J

VG

26y

NPP 18y

 

Breached bond for assault

Stabbed

 

Intent GBH

SNPP 25 years

Stabbed 16y V during confrontation at railway station in early evening – earlier confrontation with victim – members of opposing groups – angry – deliberately antagonised Victim to provoke confrontation – single stab to chest – ‘cowardly, vicious, vengeful and premeditated attack’

FAZAH

(32)

[2014] NSWSC 231

Hidden J

PG

(25%)

Murder

s.33

Murder

24y
NPP 18y

 

s.33
7y
NPP 5y

 

Total:
26y
NPP 20y

 

nil

Assault

 

Intent GBH

SNPP 25 years

After assaulting wife in unit chased her down stairs and stabbed her multiple times – returned to unit and fatally stabbed 2y daughter – offender stabbed himself – spontaneous offence

Troubled relationship – history of violence towards wife – suffered wartime conditions, capture and torture in Afghanistan – PTSD – custodial conditions more onerous because of history of capture

ROSS

(29)

[2014] NSWSC 707

Rothman J

VG

40y
NPP 30y

 

BES - assault

 

SNPP 25 years

Killed 2y daughter of de facto- mistreated child during two months prior to death – forced her into cold shower and hit her head against shower screen – kicked collapsed child forcing her head to hit linen cupboard – injured child left in pram unattended for night and day – unplanned and unpremeditated

Bipolar disorder and high-level personality disorder – heavy smoker of cannabis – difficult childhood – aboriginal but no relevant Fernando considerations – no remorse

HILL

(33)

[2014] NSWSC 1010

Bellew J

PG

(10%)

27y 6m
NPP 20y 6m

nil

Assault

 

Intent GBH

 

SNPP 25 years

Killed 2y son of de facto – physically abused victim over many months – fractured skull and gastric tear caused by two separate blows – significant force used – would have been aware of pain caused by first blow to stomach – second blow inflicted several hours later – spontaneous and unplanned – slightly above mid-range

Back injuries causing persistent pain - depression

McARTHUR

(39)

 

Co-Accused: Robertson (manslaughter)

 

[2014] NSWSC 1401

Harrison J

PG

25y 2m

NPP 18y 10m

 

 

Stabbing

SNPP 25 years Stabbed V, 15 year old male – mistook V for V’s father – A had been made an offer by a ‘mate’ to ‘rough up’ and assault a person who owed money – A would be paid in drugs – had never seen V or V’s father before – stabbed V to chest – intent to inflict really serious injury – planned offence – armed with weapon. Above mid-range. Drug use.