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 - Offenders Aged 18 to 20 Years  

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

Name
Date
Plea
Sentence
Appeal
Record
How Killed
Involvement & Summary 
McCABE
(19)

NSWSC
Abadee J
14.12.1990

NSW CCA
14.10.1991

PG

MT 15y
AT 5y

AA
MT 9y
AT 7y

minor

stabbed

Repeatedly stabbed elderly neighbour while attempting to rob.
Mother of young baby.

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.

PHILLIPS
(18)

NSWSC
Mathews J
21.5.1991

NSW CCA
14.11.1991

VG

MT 15y
AT 9y

AD

nil

stabbed

intent to kill

Stabbed neighbour’s wife in front of 2 young children - DR rejected.
Psychiatric condition.

WEBSTER
(18)

NSW CCA
15.7.1991

PG

MT 14y
AT 6y

AD

nil

assaulted

Choked and crushed head with rock when 14y female resisted attempt at rape at party. Intoxicated.

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.

KNOWLSON
(18y 9m)


 

PERKINS
(18y 3m)

NSWSC
Enderby J
21.5.1992

PG


 

PG

MT 12y
AT 6y


 

MT 8y
AT 7y

 

prior offences


 

brain damage from petrol sniffing and intellectual disability

strangled / stabbed

 


intent to kill

Premeditated killing of old man.

K dominant of two.

SHARPE
(19)

NSWSC
Wood J 10.9.1992

PG

MT 10y
AT 8y

 

minor - disregarded

assaulted and strangled

intent GBH

Went to aunt’s home in early hours of morning to sexually assault her - struck her with poker and strangled with cord.

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.

GILL
(18)

NSWSC
Mathews J
9.2.1993

VG

MT 10y 6m
AT 6y 6m

 

very minor

assaulted

reckless indifference

Affected by liquor. Assaulted girlfriend then kicked 27m old stepson, picked him up by ankles and threw to ground.

CATON
(18)



McDONALD
(19)

NSWSC
Levine J
12.3.1993


NSWSC
Levine J
12.3.1993

NSW CCA
18.8.1994

VG
Murder
PG
Rob in Co

PG

MT 10y
AT 5y



MT 18y
AT 6y

AA
MT 15y
AT 7y

minor




no violence but lengthy dishonesty.

shot

common purpose robbery

intent to kill

Intending to steal taxi told driver to get out and run - shot to prevent identification.

O’BRIEN
(19)

NSW CCA
10.6.1993

PG

MT 10y
AT 6y

Crown AA
MT 12y
AT 6y

BES, steal, AOABH,
mal damage

shot

Felony murder - entered bedroom with loaded rifle and shot V when challenged.
Crown appealed because withdrew offer to give evidence against co-offender.

MOORE
(19)

NSWSC
Wood J 5.8.1993

NSW CCA
21.6.1995

VG

MT 10y
AT 5y

Conviction AD

minor

stabbed

Drunken fight between old friends. V stabbed 6 times. A called ambulance, claimed self defence

CAMPBELL
(20)

NSWSC
Abadee J
3.9.1993

VG

MT 5y 7m
AT 4y

 

lengthy: property offences, ass & rob

assaulted

V bashed with punches, kicks and striking V’s head with brick. V’s body weighted down with bricks and thrown into river. Group involved.

DAVIS
(18y 3d)

 


WIGGINS
(24)

NSWSC
Campbell J
28.10.1993

PG

 


PG

MT 13y
AT 7y

 


MT 15y
AT 6y

 

mainly dishonesty

 


mainly dishonesty

shot

intent to kill

V lured to isolated area & shot because offenders believed he was ripping them off over drug crop they all involved in.

HUNGERFORD
(20)

NSW CCA
15.12.1993

PG

MT 18y
AT 6y

AD
(top of range)

nil of consequence

assaulted

Abducted and sexually assaulted 49y woman - bashed skull with piece of concrete.

PILLER
(20)


KRAMER
(23)

NSWSC
Dowd J
6.7.1995


NSWSC
Dowd J
29.11.1995

VG



PG

MT 13y
AT 5y



MT 11y
AT 4y

 

Nil

 


Assault, dishonesty as a juvenile

Shot

Felony murder

Shooting of Pizza Hut employee during armed robbery – K waited in car – Shot gun used

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.

GLASBY
(20)

NSWSC
Sully J
11.11.1997

PG

MT 9y
AT 3y

 

minor

shot

intent kill

Female - Lured V away on pretence of sex. V shot by dominating husband to fulfil contract killing.

SPEDDING
(20)

NSW CCA
11.12.1997

VG
Murder
2 x conceal dead body

MT 11y
AT 4y

AD

 

shot

Group of four travelling / living together. During argument shot V. Buried body in the bush.

GRAFF
(20)







 

LEAITUAALESI
(19)


 

RT
(17)

NSWSC
Barr J
25.9.1998

NSW CCA [3]
30.1.2001


 

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.

HEARNE
(19)

NSWSC
Wood CJ at CL [605]
4.6.1999

(2001) 124 A Crim R 451
NSW CCA [37]
28.2.2001

PG
Murder
Mal wound W/I to do GBH

MT 20y
AT 7y

AA
21y
NPP 16y

insignificant

stabbed

intent to do GBH

Stabbed two off-duty police after offering them illegal drugs and they asked for identification. Seeking to prevent apprehension. Impulsive - not aware police officers.
Remorse - surrendered self to police - youth.

COX
(18)

NSW CCA [246]
30.8.1999

PG

MT 11y
AT 5y

AA
MT 9y 6m
AT 4y 6m

nil

stabbed

intent GBH

Female - Stabbed 14y girl over money owed.
Good character, rehabilitation, special circumstances.

GIRI
(19)






 

 

 



 

 

KARKI
(20)

(1999) 109 A Crim R 499
Studdert J [1269]
21.12.1999

NSW CCA [197]
12.6.2001
(2001) 121 A Crim R 568


(1999) 109 A Crim R 499
Studdert J [1269]
21.12.1999

NSW CCA [67]
12.6.2001

VG









 

 

 

 

 

VG

MT 12y
AT 5y








 

 

 

 

 

MT 12y
AT 5y

Conviction AD









 

 

 

 

Conviction AD

nil









 

 

 

 

 

nil

assaulted

Nepalese males assaulted intoxicated 27y male outside nightclub. Culmination of confrontations and arguments during evening.
Genuine remorse, offence out of character, good prospects of rehabilitation.

BOWHAY
(18)

(2000) 111 A Crim R 271
NSW CCA [54]
14.3.2000

VG

MT 16y
AT 7y

AD

custody

assaulted and stabbed

intent kill

Met V in hotel earlier in evening. Lured V to park then strangled, stabbed and assaulted him. Saw V as easy target for aggression - decided to have fun at V’s expense.
Youth, intoxicated, deprived childhood.

HODGE
(18 at time of offence – 31 at time of sentence)

NSWSC
Dunford J [897]
6.9.2000

NSW CCA [10]
15.2.2002

VG

15y
NPP 7y

Conviction AD

minor record subsequent to offence

mallet

intent GBH

Picked up hitch-hiking late at night and accompanied V home for drinks. Bashed V to death with mallet when woken up by homosexual advances.
Contrition; married with young family; established successful life

VALERA
(19)

NSWSC
Studdert J [1220]
21.12.2000

NSW CCA [50]
12.4.2002

VG
2 x murder

Life

AD

nil

assault / strangled

intent kill

Bashed to death 59y male in own home then mutilated body. Random killing. Two weeks later bashed and strangled 68y male in own home and mutilated body. Nothing to mitigate killing.
Physically and verbally abused by father throughout childhood - mother left home when offender aged 3.

GOSLING
(18)

NSWSC [850]
Howie J
28.9.2001

NSW CCA [351]
29.8.2002

VG

16y
NPP 12y

Conviction AD

on bond for assault on father

shooting

intent to cause gbh

Shot dead V during attack with three co-offenders as pay back for alleged insulting behaviour of V towards mother of one offender.
Culpability somewhat reduced by mental disorder. Manipulated by son of woman allegedly insulted.
Admitted killing.

HOLMES
(21)

 


 

 

RATU
(18)

NSWSC [1183]
Levine J
18.12.2001


NSW CCA [258]
11.9.2003

PG


 

 

 

PG

16y
NPP 12y

 

 

 

16y
NPP 12y

AD


 

 

 

AD

nil relevant


 

 

 

nil relevant

assault

intent to do gbh

Taxi driving attacked after attempting to prevent offenders running off - kicked, punched and stomped for over 10 minutes.
Genuine contrition and remorse- good prospects of rehabilitation

EZOLD
(19)


Co-accused: FARRELL

NSWSC [129]
Barr J
20.2.2002

VG

16y
NPP 12y

 

nil

bashing and drowning

intent to kill

Involved in group assault on male acquaintance - Led group to place of assault and struck first blow with bottle - V drowned by co-offender - Planned offence - Under strong and brutal influence of co-offender
Genuine remorse - Evidence of rehabilitation

HAMZY
(19)

NSWSC [128]
Bell J
15.3.2002

NSW CCA [243]
23.7.2004

VG

Murder
Mal wound w/i GBH
Mal discharge weapon w/i
Threaten to use weapon
Conspiracy to murder

Sched:
2 x poss illegal firearm
Consp to pervert justice

Murder:
21y
NPP 15y 9m

Total:
27y 9m
NPP 21y 9m

AD

Sentence imposed partially cumulative to sentence for unrelated drug offences committed between commission of murder and arrest

shooting

intent to kill

Fired at group of men involved in disturbance outside nightclub - Deliberately fired while victim on ground - No premeditation but went to nightclub armed with gun - Shot at other men and pointed weapon at police attempting to apprehend - Left country - Upon return refused bail - While in custody attempted to arrange murder of Crown witness.
Disturbed childhood - Exposed to serious criminal activity of father at early age - Heavy drug use - Totality

FARRELL
(19)



Co-accused: EZOLD

NSWSC [375]
Barr J
2.5.2002

VG

18y
NPP 13y 6m

 

no relevant criminal history

assault

intent to kill

With co-offenders bashed to death V on deserted beach. Group of homeless young people who had made “pact” to kill V. Had consumed alcohol and LSD. Premeditated
Deprived background.

CHAN
(19)

NSWSC [544]
Ireland AJ
20.6.2002

VG

14y
NPP 9y

 

nil

shooting

Shot service station operator in chest after V had verbal exchange with offender’s friend – s23A defence rejected
Suffering Tourette’s syndrome, obsessive compulsive disorder and schizophrenic psychosis - also aggressive and given to acting impulsively and recklessly - capacity to control self substantially impaired but not so as to reduced offence to manslaughter
Native of Hong Kong - Family support - Delay - Prospects of rehabilitation

SJB
(15)

 

 

 

 

MCLEAN
(18)

NSWSC [1042]
Wood CJ at CL
6.11.2002

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)

 

 

 

V PHAM
(20)


 

NGUYEN
(17)










Co-offender:
TRAN

13.1.2003
NSWSC [1261]
Sully J


NSW CCA [190] 16.7.2004

VG


 

 

 

VG



 

VG

16y
NPP 11y

 

 

 

20y
NPP 14y


 

17y 38w
NPP 11y 38w
(partially cumulative to existing sentence)

Total:
31y
NPP 25y

Conviction AA
(Vu Ngoc Pham only)

record unclear but not significant

 

 

nothing

relevant



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
VP - Vietnamese - Brother of PP - Difficult childhood - Less culpable than PP but no co-operation with police
N - Traumatised childhood - Serious depression - Equal culpability to VP – Serving sentences for:
Murder: 29.10.1998 Kirby J
Manslaughter: 20.11.1998 Kirby J
Murder: 15.12.2000 Whealy J

WILSON
(18)

NSWSC [597]
Simpson J
7.7.2004

NSW CCA [112]
29.4.2005

PG

12y
NPP 8y

Crown AA
15y
NPP 11y

Nil

Stabbing

Intent GBH

Stabbed taxi driver in remote area during argument over fare – No premeditated intent to rob – Burned taxi and stole money
Originally found unfit to plead and sentenced after special hearing – Dysfunctional childhood – Low intelligence and depression – Successful efforts at rehabilitation
On appeal: head sentence manifestly inadequate - GD in relation to killing taxi drivers

GOLZALES
(20)

NSWSC [822]
James J
17.9.2004

VG
3 x Murder

Life

 

Nil

Stabbing - striking and strangling one victim

Intent to kill

Stabbed father, mother and 18y sister in their home - made it look like racially motivated attack – premeditated – tried to poison mother 10 days before murder
False alibi – no mitigation of objective seriousness of offence – no contrition – risk of dangerousness

VANN
(20)

NSWSC [988]
Dunford J
28.10.2004

PG
Murder
Assault
Poss 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)

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

DEHAYBI
(20)

NSWSC [128]
Levine J
25.2.2005

VG
Murder
s.33
AR

Murder:
24y
NPP 18y

Total:
26y
NPP 20y

 

Breached bond for dishonesty offences

Stabbed

Intent to GBH

With brother pre-planned armed robbery of family attempting to sell engagement ring – during struggle fatally stabbed adult son and stabbed father in chest

EM
(19)

NSWSC [212]
James J
23.3.2005

VG:
Murder
s 97(2)
s 93G(1)(c)

PG
5 x s 97(2)

Murder:
25y
NPP 16y

Total:
36y
NPP 27y

 

Driving offences

Shot

Constructive murder

Home invasion with co-offender and guns – 5 occupants forced to lie on floor – V shot and killed in struggle – V’s wife shot in thumb – 10 days later, similar offence with 2 co-offenders - robbery completed and 5 occupants left tied up in house
Cambodian – polysubstance abuse – mood disorder

WEIGHTMAN
(20)

NSWSC [1354]
Hidden J
23.12.2005

VG
2 x Murder

28y
NPP 22y

 

Minor

Asphyxiation

Intent to kill

Killed adoptive parents for financial reasons – Planned killing with co-offender – victims sedated in own home and smothered – bodies placed in car crash scene – co-offender killed mother – assisted in killing of father
Early staged of mental illness at time of offences – influenced by drugs and co-offender – favourable prospects of rehabilitation

HOHAIA
(18)




ABDULKADER
(21)

NSWSC [866]
Kirby J
5.9.2006

VG
Murder
Rob in Co
AOABH



 

VG
Murder
Rob in Co

Murder
24y
NPP 18y
(concurrent sentences)


 

Murder
21y
NPP 15y 9m
(concurrent sentences)

 

Priors – no violence




 

Significant record

Assault

Intent to do GBH

Offence committed after 1.2.2003
Sustained assault on male acquaintance – robbed him of mobile phone and wallet – no clear motive H – principal offender – disrupted childhood with early drug abuse A – lesser offender but still struck victim – early drug abuse

NGUYEN
(20)

NSWSC [389]
Whealy J
24.4.2007

PG

18y
NPP 13y 6m

 

Criminal record for lesser offences – breached parole

Stabbing

Felony murder

Offence committed after 1.2.2003
Stabbed shop owner during attempted robbery of newsagency – repeated stabbing - below mid-range – spontaneous and unplanned killing Long history of drug addiction

HOURI
(19)







Co-offender:
A

NSWSC [615]
Buddin J
14.6.2007

PG
Murder

Sched:
3 x BES

18y
NPP 12y 6m

 

Nil relevant

Stabbing

Felony murder / intent to inflict GBH

Offence committed after 1.2.2003
Stabbed console operator during armed robbery of service station – unprovoked attack on co-operating victim – use of weapon – in company – vulnerable victim – mid range offence Troubled childhood with heavy drug and alcohol addiction – reasonable prospects of rehabilitation – serious physical disability resulting from shooting subsequent to offence - depression

ZARO
(18)

NSWSC [756]
Howie J
13.7.2007

VG

22y
NPP 16y 6m

 

Nil

Stabbing

Intent to kill

Offence committed after 1.2.2003
Stabbed male friend to death after evening of drinking and playing computer games – made younger friend watch deliberate killing – angered by perceived breakdown in relationship with girlfriend – intoxicated – above mid-range seriousness Born in Iraq – no mental disorder – family support

HARVEY
(18)

NSWSC [871]
Howie J
10.8.2007

PG

16y
NPP 10y

 

Minor

Assault

Intent to inflict GBH

Offence committed after 1.2.2003
After evening of drinking assaulted male friend with piece of wood – fatal head injuries – no motive – suffering sever mental illness – paranoid schizophrenia – spontaneous offence – well below mid range Long history of mental illness

SHAMOUIL
(20)




Co-offenders:
AB
DAVID

NSWSC [24]
Hidden J
6.2.2009

PG

19y
NPP 14y 6m
(partially concurrent with existing sentences for attempt murder and drug supply)

 

Attempted murder – breached bail – committed subsequent offence of supply comm. qty amphet

Shooting

Intent to inflict GBH

Offence committed after 1.2.2003
D arranged to meet V at service station to discuss argument with S’s female cousin – S shot V three times during argument – spontaneous offence – below mid-range D and AB sentenced for accessory after the fact to murder Assyrian – difficult childhood – carried gun as protection after exposure to violence - remorse

BARRETT
(20)








Co-offender:
FORDHAM

NSWSC [338]
Mathews AJ
30.4.2009

PG

22y
NPP 16y

 

Nil

Shooting

Intent to kill

Offence committed after 1.2.2003
Arranged murder of ex-partner – V became frustrated at offender’s lack of response and sent threatening SMS messages – disproportionate response to threats due to heavy cannabis consumption – meticulously planned killing with male friend – lured V interstate – multiple stab wounds inflicted by co-offender – both offenders inflicted final stab wound – instigator of plan – above mid-range Abusive childhood – smoking marijuana by 12y – remorse – two young children y

CARR
(18)

NSWSC [995]
McClellan CJ at CL
21.9.2009

PG

16y
NPP 12y

 

Lengthy criminal record including violence – breached conditional liberty

Stabbing

Intent to inflict GBH

Offence committed after 1.2.2003
Single stab wound to chest of male acquaintance outside party – spontaneous offence – earlier argument inside house – offence moderately below mid-range Aboriginal - Under influence of alcohol, ice and cannabis – severe drug addiction – deprived background y

DENNIS
(19)

NSWSC [1357]
Barr AJ
4.12.2009

VG

26y 8m
NPP 20y

 

Nil

Assault

Intent GBH

Offence committed after 1.2.2003
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 y

WONG
(18)

NSWSC [171]
Buddin J
10.3.2010

PG
Murder
s.33

19y 6m
NPP 14y

Total:
21y
NPP 15y 6m

 

Minor – breached conditional liberty

stabbing

SNPP 20 years
Followed three male Koreans from fast food restaurant after arranging to meet co-offender – approached victims and stabbed one male in chest – second male tripped while fleeing and struck by co-offender with hammer – stabbed by offender multiple times – claimed angered because first victim stared at him in fast food restaurant – slightly below mid-range Chinese parents – drug user causing hypersensitivity and paranoia y

CAMBEY

 


CARNEY
(19)

NSWSC [369]
Fullerton J
30.4.2010

VG

18y
NPP 14y 6m


22y
NPP 16y 6m

 

 

Assault

SNPP 20 years
Three men entered V’s unit – fatal assault with metal bar by Carney – Cambey present and kicked victim – dispute over drugs – two of three men armed before entering unit – no intent to kill Carney – mid range seriousness - suffering schizophrenia and substance abuse Cambey – just below mid-range seriousness - very low intelligence

TATCHELL
(18)

 

 


WILDSMITH
(20)

NSWSC [495]
Kirby J
28.5.2010
VG

18y
NPP 13y 6m

 


16y
NPP 12y

Breached bail

 

 



Breached bond for assault

Assault

Intent GBH / Joint criminal enterprise

SNPP 20 years
Victim fatally assaulted by group of youths – Retaliation for victim’s abuse of ex-partner known to co-offenders – after discussion at fast food restaurant weapons collected at nearby house and victim assaulted while walking along road – opportunistic offence of short duration – metal pole, wooden axe handle and golf club used T – intent GBH – multiple blows with weapon – below mid-range – drug addiction / depression – some behaviour problems in custody - remorse W – not as involved – joint criminal enterprise aware possibility co-offender would use weapon to do grievous bodily harm – reluctant – supported Tatchell – assaulted in custody as result of offence – guarded prospects of rehabilitation Co offenders AA, SS and AC convicted of manslaughter

LEE

(18)

 

 

 

Co-offender: WONG NSWSC [171] Buddin J 10.3.2010

NSWSC [632]

Price J

18.6.2010

PG

19y 3m

NPP 13y 3m

 

Sched:

Assault s 61

AA

17y 6m

NPP 12y 3m

Nil

Stabbing

SNPP 20 years

With co-offender confronted victim and friends because thought victim had been “staring” – co-offender stabbed victim to heart – with co-offender chased victim – A struck V with hammer – co-offender inflicted more stab wounds – V died from stab wound to heart.

Remorse – lesser role than co-offender.

 

CCA – parity with co-offender.
NGUYEN

 

 

 

 

 

LUONG

(18)

NSWSC [562]

McCallum J

11.6.2011

VG

2 x Murder

 

 

 

 

PG

2 x Murder

30y

NPP 22y 6m

 

 

 

28y

NPP 21y

 

Nil significant

 

 

 

 

 

Nil

Stabbing

 

Common purpose to inflict gbh

SNPP 20 years

Victims stabbed during attack by four males outside bar – not known who inflicted fatal wounds – attack a response to earlier attack on first offender by one victim and friends – delay between incidents and degree of planning – mid range offences – disregard for public safety

N – judgment clouded by fear caused by earlier attack – did not stab anyone although aware of knives and armed with knife himself –reasonable prospects of rehabilitation

L – stabbed both victims

SHIELS

(20)

NSWSC [1177]

Barr AJ

7.10.2011

VG

20y NPP 13y

 

Bonds for assaults including assault on victim – committed while mentally ill

Stabbing

 

Intent to kill

SNPP 20 years

Stabbed father in temple during argument at party – both intoxicated - history of violent arguments with father – spontaneous offence Suffering schizophrenia – regular user of marijuana and alcohol – voluntary surrender to police – issue at trial was substantial impairment, provocation and self defence – remorse – prospects of rehabilitation

MILAT

(17)

 

 

 

 

 

 

KLEIN

(18)
2012 NSWSC [634]

Mathews AJ

8.6.2012
PG

 

 

 

 

 

 

 

PG
43y

NPP 30y

 

 

 

 

 

 

32

NPP 22y
Mid-range PCA.

 

 

 

 

 

 

No violence
Axe

SNPP 20 years

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

AMOS

(20)
NSWSC [1021]

Hall J

31.8.2012
VG 28yNPP 21y Nil Shooting

 

Intent to kill

SNNP 20 years

Involved in armed robbery with co-offender of male drug dealer who owed co-offender money – formed intent to kill and shot victim eight times – returned to house with co-offender and stole property – committed in home of victim – robbery not murder planned – high level of culpability – committed for financial gain - Deprived and neglected childhood

NATUBA

(19)

 

 

 

 

 

 

 

TAMAPUA

(20)

 

Co-Accused:

MA

BYQUAR

RAMOS

KHOURY

KARIMI

MIR

[2012] NSWSC 1569

Johnson J

PG

Murder

AR

 

Sched – Robbery

 

 

 

PG

Murder

Sp Agg BES

Poss Firearm

Poss weapon

 

Sched:-

3 x Robbery

Murder:

14y

NPP 10y

 

Total:

15y

NPP 11y

 

 

Murder

14y

NPP 10y

 

Total:

15y 6m

NPP 11y 6m

 

Agg robbery – breached bond.

 

 

 

 

 

 

Robbery, assault, breach AVO - on bond

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

 

N – threatened V with cleaver

T - organisational role – did not enter homes

 

Each received discount for assistance to authorities - undertaking to give evidence against co-accused - youth – drug and alcohol abuse

MA

(17)

 

 

 

 

 

 

 

 

 

 

BYQUAR

(18)

 

 

 

 

 

 

 

 

RAMOS

(18)

 

Co-Accused:

NATUBA

TAMAPUA

KHOURY

KARIMI

MIR

[2012] NSWSC 1527

Johnson J

PG

Murder

Sp Agg BES

AR

 

Sched: Conspire robbery; AR

 

 

PG

Murder

AR

 

Sched:-

AR

 

 

 

 

PG

Murder

Sp Agg BES

AR

 

Sched:

Conspire rob; AR

 

Murder:

20y

NPP 14y

 

Total:

23y

NPP 17y

 

 

 

 

 

Murder:

18y

NPP 16y

 

Total:

25y

NPP 18y

 

 

 

Murder:

17y

NPP 12y

 

Total:

19y

NPP 14y

 

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

 

 

 

 

 

 

 

AOABH, Rob in co.

 

 

 

 

 

 

 

 

Nil

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

 

MA – did not strike V but present

B – struck V

R – outside house assisting

 

 

M – remorse, rehabilitation, maturity

B – drug / alcohol abuse. Remorse

R – remorse, rehabilitation.

KAEWKLOM No.3

(18)

[2013] NSWSC 59

Johnson J

 

[2013] NSWSC 504

Johnson J

PG

Murder

Recklessly cause GBH

Murder:

20y

NPP 13y 6m

 

Total:

22y

NPP 15y 6m

 

Nil

Assault

 

Intent GBH

SNPP 20 years

Attacked 69-year old fellow prisoner in courthouse cell - kicking and stomping causing fatal injuries – four days earlier had assaulted 15-year old former girlfriend including kicking and stomping on victim due to rejection.

Youth.

Matter brought back under s.43 Crimes (SP) Act – had originally pleaded guilty to s.33 offence so sentence for s.35 offence contrary to law – sentence quashed, PG to s.35 and re-sentenced to identical sentence

LOVERIDGE

(18)

 

 

 

 

 

 

 

 

 

 

AB

(17)

[2013] NSWSC 1591

Adams J

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)

 

 

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

KARIMI

(22)

 

 

 

 

 

 

 

KHOURY

(29)

 

 

 

 

 

 

MIR

(20)

 

 

 

 

 

Co-offenders:

NATUBA

TAMAPUA

MA

BYQUAR

RAMOS

[2013] NSWSC 1761

Johnson J

VG

Murder

7 offence

 

 

 

 

 

 

Murder

7 offences

 

 

 

 

 

 

Murder

2 offences

26y

NPP 18y

 

Total:

40y

NPP 32y

 

 

 

24y

NPP 17y

 

Total:

37y

NPP 30y

 

 

26y

NPP 19y

 

Total:

31y

NPP 24y

 

Limited

 

 

 

 

 

 

 

 

Minor

 

 

 

 

 

 

 

Minor

Assault with meat cleavers

 

Joint criminal enterprise

 

 

 

Joint criminal enterprise

 

 

 

 

 

 

Intent to kill

SNPP 20 years

Home invasions committed over three-day period by young males armed with meat cleavers linked to drug dealing - occupant at one home seriously injured - occupant of another house killed with meat cleaver while resisting offenders – planned to engage subsequent fight to death

Khoury effective leader of organisation involved in drug dealing – continued to plan criminal activity after murder

Karimi significant role in organisation

Mir one of several who assaulted deceased with meat cleaver

Mir – foot soldiers

 

Karimi and Khoury also sentenced for:

Conspiracy to commit AR

s.112(3)

recruit person to commit AR

AR x 2

Conspiracy to murder

Possess firearm

Mir also sentenced for:

AR x 2

 

Khoury – Lebanese

Karimi – Afghanistani

Mir - Afghanistani

HADCHITI

(20)

[2014] NSWSC 257

Schmidt J

VG

29y

NPP 21y 9m

 

nil

Throat cut

 

Intent to kill

SNPP 20 years

Cut throat of sister’s boyfriend during confrontation in front yard of parents’ house – victim set upon by several people on entering yard – throat cut from behind after pinning V with chair frame – multiple injuries - planned offence

Prior good character

E McKELLAR

(18)

 

 

B McKELLAR

(28)

[2014] NSWSC 1243

RA Hulme J

VG

Murder

 

 

 

Wound with intent

 

Att AR

20y

NPP 14y

 

 

 

Total:

24y

NPP 18y

 

Lengthy – breached parole

 

 

Lengthy – breached bail for assault offence

Stabbing

 

Intent GBH

 

Accessory

SNPP 20 years

Four males attended home of victim with intent to rob – victim sold small amounts of cannabis on regular occasions - victim stabbed four times by E McKellar – 17y son pursued and stabbed twice by E McKellar

Aboriginal with difficult background including domestic violence – E McKellar very low intellectual functioning – B McKellar suffering brain damage from accident

M BARBIERI

(19)

[2014] NSWSC 1808

Hulme J

PG

(10%)

 

Sched:
4 offences

35y

NPP 26y

​NilStabbing

 

Intent to Kill

SNPP 25 years

Male lived with his mother on rural property -  Relationship with neighbour became antagonistic – fired crossbow at workers on neighbour's property – siege developed between police and offender and his mother – attacked police with knife and sledgehammer – police officer fatally stabbed by son - mother was dominant offender

Mother pleaded guilty to manslaughter

Mother suffered serious mental illness causing paranoia and social isolation for both offenders – Offender also developed serious mental illness - mandatory life sentence does not apply because of serious cognitive impairment