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This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Murder - Section 19A: 18 – 20 year olds

 

Standard non-parole period (offences committed 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

NameDatePleaSentenceAppealRecordHow KilledInvolvement & Summary

McCABE

(19)

NSWSC

Abadee J

14.12.1990

 

NSW CCA

14.10.1991

PG

MT 15y

AT 5y

AA

MT 9y

AT 7y

minorstabbed

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

VGMT 15y
AT 9y
ADnil

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
PGMT 14y
AT 6y
ADnilassaultedChoked 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 ADnilstabbedCrime 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

PGMT 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

PGMT 13y 5m
AT 7y
 nilstrangled / stabbedKilled girlfriend – V bashed, with fractures to head, & set alight when dead.
GILL
(18)

NSWSC

Mathews J
9.2.1993

VGMT 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

PGMT 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 ADminor stabbedDrunken fight between old friends.  V stabbed 6 times.  A called ambulance, claimed self defence
CAMPBELL
(20)

NSWSC

Abadee J
3.9.1993

VGMT 5y 7m
AT 4y
 lengthy: property offences, ass & robassaultedV 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
PGMT 18y
AT 6y
AD
(top of range)
nil of consequenceassaultedAbducted 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 shotGroup 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

 

[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.

HEARNE

(19)

[1999] NSWSC 605

Wood CJ at CL

 

(2001) 124 A Crim R 451

[2001] NSWCCA 37

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)

[1999] NSWCCA 246PG

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

[1999] NSWSC 1269

Studdert J

 

(2001) 121 A Crim R 568

[2001] NSWCCA 197

 

[2002] NSWCCA 67

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

[2000] NSWCCA 54

VG

MT 16y

AT 7y

ADcustody

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)

[2000] NSWSC 897

Dunford J

 

[2002] NSWCCA 10

VG

15y

NPP 7y

Conviction ADminor 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)

[2000] NSWSC 1220

Studdert J

 

[2002] NSWCCA 50

VG

2 x murder

LifeADnil

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)

[2001] NSWSC 850

Howie J

 

[2002] NSWCCA 351

VG

16y

NPP 12y

Conviction ADon 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)

[2001] NSWSC 1183

Levine J

 

[2003] NSWCCA 258

PG

 

 

PG (25%)

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

[2002] NSWSC 129

Barr J

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)

[2002] NSWSC 128

Bell J

 

[2004] NSWCCA 243

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

ADSentence 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

[2002] NSWSC 375

Barr J

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)

[2002] NSWSC 544

Ireland AJ

VG

14y

NPP 9y

 nilshooting

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)

[2002] NSWSC 1042

Wood CJ at CL

PG

(25%)

 

 

PG

(20%)

Murder

Take and drive conveyance

15y

NPP 10y

 

19y

NPP 13y

 

nil

 

 

no violence

stabbing

intent to kill

SJB female offender - 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

WILSON

(18)

[2004] NSWSC 597

Simpson J

 

(2005) 152 A Crim R 257

[2005] NSWCCA 112

PG

(25%)

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

GONZALES

(20)

[2004] NSWSC 822

James J

 

(2007) 178 A Crim R 232

[2007]NSWCCA 321

VG

3 x Murder

LifeADNil

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)

[2004] NSWSC 988

Dunford J

PG

Murder

Assault

Poss loaded firerarm

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

(20%)

35y

NPP 25y

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

CLEVERLY

(18)

[2004] NSWSC 1279

Mathews AJ

 

[2007] NSWCCA 169

VG

 

Sched:
Agg kidnap

Att pervert course of justice

24y

NPP 18y

Conviction ADNilStrangulation

Strangled aunt in her home – possibly motivated by financial gain – premeditated – higher end of range

Brain injury at least affected judgment.

DEHAYBI

(20)

[2005] NSWSC 128

Levine J

 

(2006) 160 A Crim R 392 ;

[2006] NSWCCA 31

VG

Murder

s.33

AR

Murder:

24y

NPP 18y

 

Total:

26y

NPP 20y

AD

Crown AD

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

 

(co-offender sentenced for manslaughter)

EM

(19)

[2005] NSWSC 212

James J

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)

 

 

 

 

Co-offender:

DONAI

[2005] NSWSC 1354

Hidden J

PG

2 x Murder

(combined assistance 30%)

 

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)

[2006] NSWSC 866

Kirby J

 

Hohaia

[2015] NSWCCA 91

VG

Murder

Rob in Co

AOABH

 

 

VG
Murder

Rob in Co

Murder

24y

NPP 18y

(concurrent sentences)

 

Murder

21y

NPP 15y 9m

(concurrent sentences)

AA

(Muldrock error)

 

24y

NPP 18y

(same sentence imposed)

Priors – no violence

 

 

 

 

Significant record

Assault

Intent to do GBH

SNPP 20 years

Sustained assault on male acquaintance over several hours – victim assaulted by H in home of H's mother – victim robbed of mobile phone and wallet, forced to reveal PIN and taken to ATM to obtain money – subjected to further assault by both offenders and left for dead – H principal offender – A lesser offender but involved in second, fatal assault on victim - no clear motive

H - also sentenced for assault on male in company with friend three months earlier – sustained attack with no motive - disrupted childhood with early drug abuse

A – early drug abuse

NGUYEN

(20)

[2007] NSWSC 389

Whealy J

PG

(25%)

18y

NPP 13y 6m

 Criminal record for lesser offences – breached parole

Stabbing

Felony murder

SNPP 20 years

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

[2007] NSWSC 615

Buddin J

PG

(discount at bottom of range)

Murder

 

Sched:

3 x BES

18y

NPP 12y 6m

 Nil relevant

Stabbing

Felony murder / intent to inflict GBH

SNPP 20 years

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)

[2007] NSWSC 756

Howie J

 

[2009] NSWCCA 219

VG

22y

NPP 16y 6m

ADNil

Stabbing

Intent to kill

SNPP 20 years

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)

[2007] NSWSC 871

Howie J

PG

(15%)

16y

NPP 10y

 Minor

Assault

Intent to inflict GBH

SNPP 20 years

After evening of drinking assaulted male friend with piece of wood – fatal head injuries – no motive – suffering severe mental illness – paranoid schizophrenia – spontaneous offence – well below mid range

Long history of mental illness

TA'ALA

(20)

[2008] NSWCCA 132

PG

(just over 13%)

 

Murder x 2

 

AA (in part)

Total:

47y

NPP 35y 3m

 Bashing and stabbing

Beat first victim with cricket bat over head – argument as to drug dealing – bashed and stabbed second female victim who had witnessed the attack – Extreme violence.

[CCA corrected SJ's intention to set NPP at 75% of total sentence].

POCOCK

(20)

[2008] NSWSC 1435

Latham J

PG

(15%)

19y 6m

NPP 14y 9m

 Breached bond for violence offences

Assault

Intent to inflict GBH

SNPP 20 years

Confronted male Victim in street about stolen handbag – punched and kicked victim and stomped on head – no threat or provocation offered by victim – failed to provide assistance – under influence of alcohol and ecstasy – below –mid-range

Remorse – exposed as a child to domestic violence

SHAMOUIL

(20)

 

 

 

 

Co-offenders:
AB

DAVID

[2009] NSWSC 24

Hidden J

PG

(15%)

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

SNPP 20 years

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

[2009] NSWSC 338

Mathews AJ

PG

(12.5%)

22y

NPP 16y

 Nil

Shooting

Intent to kill

SNPP 20 years

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

CARR

(18)

[2009] NSWSC 995

McClellan CJ at CL

PG

(15%)

16y

NPP 12y

 Lengthy criminal record including violence – breached conditional liberty

Stabbing

Intent to inflict GBH

SNPP 20 years

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

DENNIS

(19)

[2009] NSWSC 1357

Barr AJ

 

[2012] NSWCCA 120

 

[2015] NSWCCA 61

VG

26y 8m

NPP 20y

Conviction AD

 

Sentence AD

Nil

Assault

Intent GBH

SNPP 20 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

WONG

(18)

 

 

 

 

Co-Offender:

LEE

NSWSC [632]

Price J

18.6.2010

[2010] NSWSC 171

Buddin J

PG

(20%)

Murder

s.33

19y 6m

NPP 14y

 

Total:

21y

NPP 15y 6m

 Minor – breached conditional libertystabbing

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

TATCHELL

(18)

 

 

WILDSMITH

(20)

[2010] NSWSC 495

Kirby J

 

(Wildsmith)

[2012] NSWCCA 116

VG

18y

NPP 13y 6m

 

 

16y

NPP 12y

 

 

 

 

AD

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

MJR

(19)

[2010] NSWSC 653

Johnson J

PG

(15%)

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]

Recommendation A be detained in Forensic Hospital for as long as reas possible

LEE

(18)

 

 

 

 

 

 

Co-offender:

WONG

[2010] NSWSC 632

Price J

 

[2011] NSWCCA 169

PG

(12.5%)

19y 3m

NPP 13y 3m

 

Sched:

Assault s 61

AA

17y 6m

NPP 12y 3m

NilStabbing

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)

[2011] NSWSC 562

McCallum J

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)

[2011] NSWSC 1177

Barr AJ

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

ATAI

(18)

[2011] NSWSC 1617

Grove J

 

[2014] NSWCCA 210

VG

24y

NPP 18y

ADCustodial record

Shooting

Recklessness

SNPP 20 years

Approached house with group of men – fired shots into front window of house killing occupant after being advised had wrong house – motive for approach to house and shooting unclear

Afghani refugee with links to bikie gang

ISKANDAR

(19)

 

 

 

 

Co-offender:
ISKANDAR

[2012] NSWSC 149

Davies J

 

[2013] NSWCCA 235

VG

25y

NPP 18y

AA

To backdate sentence

nil

Stabbing

Intent to kill

SNPP 20 years

With father determined to take action against mother's lover – together waited for victim to return home – victim attacked in street by offender with hammer and stabbed by father with knife – left home that evening with father intending to kill victim

Father somewhat dominating and controlling

MILAT

(17)

 

KLEIN

(18)

[2012] NSWSC 634

Mathews AJ

 

[2014] NSWCCA 29

PG

(No discount)

 

 

PG

(CCA – 25%)

43y

NPP 30y

 

 

 

32

NPP 22y

AD

 

 

 

 

AA

27y

NPP 20y

 

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.

TAHA

(20)

[2012] NSWSC 903

Latham J

VG

22y

NPP 16y

 nil

Stabbing

Intent GBH

SNPP 20 years

Jealous and angry that girlfriend in car with victim and his girlfriend – armed with knives and gun – picked fight with victim who left car with intention to disarm offender – victim stabbed in heart during – offender intoxicated – jury rejected self defence

AMOS

(20)

[2012] NSWSC 1021

Hall J

VG

28y

NPP 21y

 Nil

Shooting

Intent to kill

SNPP 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

(combined discount 50%)

Murder

AR

 

Sched – Robbery

 

 

PG

(combined discount 50%)

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ramos [2015] NSWCCA 313

PG

(25%)

Murder

Sp Agg BES

AR

 

Sched: Conspire robbery; AR

 

PG

(25%)

Murder

AR

 

Sched:-

AR

 

 

PG

(25%)

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Ramos AA:

14y 3m

NPP 10y

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

 

 

 

 

 

 

 

 

(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

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

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

E McKELLAR

(18)

 

 

 

 

 

 

B McKELLAR

(28)

[2014] NSWSC 1243

RA Hulme J

VG

Murder

 

Wound with intent

Att AR

 

 

VG

Murder

 

Wound with intent

Att AR

20y

NPP 14y

 

Total:

24y

NPP 18y

 

 

20y

NPP 14y

 

Total:

24y

NPP 18y

 

Lengthy – breached parole

 

 

 

 

 

 

Lengthy – breached bail for assault offence

Stabbing

Intent GBH

Extended joint criminal enterprise

SNPP 20 years

Four males attended home of victim with intent to rob – victim sold small amounts of cannabis on regular occasions – group brought machete and knife to scene - V assaulted by B McKellar at door to house – B McKellar pursued by V and 17y son – Son stabbed by E McKellar twice at request of B McKellar to 'kill the cunt' – victim surrounded and assaulted by four offenders – stabbed four times by E McKellar – spontaneous assault

Aboriginal brothers 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

 nil

Stabbing

Intent to Kill

SNPP 20 years

Male lived with him 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

KENNEDY

(18)

 

Co-offenders:

SMITH

[2013] NSWSC 1723

SMITH

[2013] NSWSC 1159

[2015] NSWSC 327

Wilson J

 

 

[2016] NSWCCA 114

PG

(CCA 5%)

21y

NPP 15y 9m

Conviction AD

 

Sentence AA

20y

NPP 15y

Not as serious as co-offenders

Assault

JCE / intent to do GBH

SNPP 20 years

Three men broke into home of 75y male occupant – co-offender severely assaulted in attempt to obtain access to safe – left for nearly a day – joint criminal enterprise – moral culpability high but lower than co-offenders

Drug addicted – aboriginal – exposed to drugs early  - low intelligence – poor schooling

MAAKA

(18)

[2015] NSWSC 358

RA Hulme J

PG

(20%)

 

 

Sched:

16 offences

20y

NPP 15y

 BES, AOABH, Larceny

Assault

Intent GBH

SNPP 20 years

Severe and violent attack upon homeowner male V aged 53 years when disturbed during break and enter–  struck V and smashed drawer on V's head - unbridled, gratuitous and extreme violence  - with 2 co-offenders - A affected by drugs - not planned or premeditated; occurred spontaneously.

Disrupted upbringing – drug abuse

KELSALL

(20)

[2015] NSWSC 480

RA Hulme J

VG

Murder

 

Indecent assault

40y

NPP 30y

 

Total:

40y 3m

NPP 30y 3m

 nil

Stabbing

Intent to kill

SNPP 20 years

Followed male stranger home late at night – entered through unlocked door – found male stranger in bedroom asleep or intoxicated – touched penis and stabbed multiple times (more than 20 wounds) – no motive although had previously reported thoughts of killing random stranger

No remorse – questionable prospects 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.

TOWNEY

(20)

[2016] NSWSC 97

Fagan J

VG

24y

NPP 18y

 Violence offences – breached bond and bail – gaol misconduct charges

Stabbing

Intent to kill

SNPP 20 years

Engaged in fist fight with male acquaintance outside party at offender's house – retrieved knife from house and pursued victim who had left area on foot, stabbing him in neck several times – violent and spontaneous impulse

Aboriginal – childhood of violence and deprivation – early drug abuse – some degree of remorse

FULLER

(18)

[2016] NSWSC 815

Rothman J

PG

(not full extent of 25%)

 

Sched

Add offences

24y 6m

NPP 17y

 Long record

Assault

Intent GBH

SNPP 20 years

Believed V owed offender money for stolen goods sold on behalf of offender – lured victim to meeting – punched victim twice then frenzied attack with blunt end of tomahawk – feared victim would report stolen goods to police

Aboriginal with violent and abusive childhood - aggressive and psychopathic personality disorder

PERKINS

(18)

[2016] NSWSC 1080

Button J

PG

(10%)

20y 6m

NPP 15y

 Nil

Stabbing

Intent to kill

SNPP 20 years

Spent evening with girlfriend and female friend drinking and smoking cannabis – confrontation early in night with boyfriend of female friend – boyfriend returned later in evening and waited in car at request of girlfriend – offender found knife in kitchen and stabbed victim three times – victim in car restrained by seatbelt – no provocation – motivation unknown – formed intent shortly before offence

Remorse – support of family – no history of substance abuse or mental illness

 

 

 

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