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.

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Manslaughter - Provocation  

Case

Type

Plea

Record

Sentence

Appeal

Facts

Hill

(1981) 3 A Crim R 397

Provocation

Shooting - domestic

VG

Murder

 

 

Conviction AA

Manslaughter substituted

 

4y 6m

NPP 1y

Shot husband after many years of physical abuse. On night of killing V had returned home drunk and violent.

Bogunovich

(1985) 16 A Crim R 456

Provocation

Stabbing - domestic

PG

 

4y Bond

 

Stabbed husband after long history of domestic violence. Night of killing V had struck offender outside club.

Cotton

NSW SC

Hunt J

28.6.1990

 

Provocation

Assault – general

Accessory

Juvenile

VG

 

MT 2y

AT 18m

 

Assaulted V with de facto - could not determine which blows caused death - V had verbally insulted offender.

Intellectual disability and limited insight.

Low

(1991) 57 A Crim R 8

Diminished responsibility / Provocation

Assault - domestic

VG

 

Bond

Crown AA

MT 2y

AT 2y

Killed fiancée with claw hammer after she first attacked him - brain damage as result of attack by V with hammer

Whalen

NSW CCA

5.4.1991

Provocation

Stabbing - domestic

PG

 

MT 5y

AT 3y

AD

Killed husband with carving knife and axe - relationship had deteriorated - on day of killing verbally and physically abused by V

Mathews

(42)

NSW CCA

17.4.1991

Provocation

Shooting - domestic

VG – murder

 

s.33

s.35

Armed with intent.

 

Conviction AA

Manslaughter verdict substituted

 

MT 9y 8m 22d

AT 6y 2m 11d

 

Custody dispute with parents-in-law - killed mother-in-law and badly wounded father-in-law

Gardner

NSWSC

Wood J

27.3.1992

Diminished Responsibility / Provocation

Shooting - domestic

PG

 

7y GBB

 

Shot husband under extreme stress – V very ill with MS and physically dependent - child suffered cerebral palsy and was also utterly dependent - V terrorised A and kept a gun beside his bed – shot V once, then buried and reported him as missing

Extreme use of mechanisms of denial and repression developed to cope with major childhood traumas

Son died in lead-up to the trial - pregnant at time of sentencing - wholly exceptional case.

Peterson

NSW SC

22.5.1992

(Enderby J)

Provocation

Fight

Stabbing - domestic

PG

unimportant

5y Bond

(PSC 5m)

 

Stabbed step brother in fight -element of self defence - V aggressively picked fight with offender - both been drinking - no premeditation.

History of violence at hands of step father and brothers.

Spencer

NSWSC

Mathews J 18.12.1992

Provocation

Stabbing - domestic

PG

Nil

3y PD

 

Killed de facto husband with single stab wound. - history of domestic violence - V physically and verbally abusing offender.

Fragile mental state.

Panozzo

NSW CCA

25.3.1993

Provocation

Shooting - domestic

VG

 

MT 8y

AT 2y 6m

AD

Shot estranged wife in front of two young daughters at point blank range - angered by finding love letters to another man.

Jacky

NSW SC

Campbell J

10.6.1993

Provocation

Assault – general

PG

lengthy

MT 2y 6m

AT 2y 6m

 

Intoxicated, Aboriginal male woke to find himself being homosexually assaulted by V.

Jenkins

NSW CCA

14.7.1993

Provocation

Motor vehicle

VG

nil

MT 2y 6m

AT 3y 6m

AA

MT 1y 6m

AT 2y 6m

Chinese woman met V with intention of plutonic relationship - V attempted to force intercourse and offender took car with intention of escape - V stood in front of car and was run over three times

SJ had not expected that offender would have to serve her sentence at gaol overlooking the car park where offence took place.

Thomas

NSW SC

Dunford J

3.11.1994

 

Provocation

Fight

Stabbing - domestic

PG

mal wounding and assaults

MT 3y 6m

AT 3y

 

Stabbed sister’s ex de facto - history of violence - sister raped by V - night of stabbing fight broke out between offender and V as V tried to approach sister.

Pavia

NSW CCA

9.12.1994

Provocation

Assault - domestic

VG

nil

MT 9y

AT 3y

AA

MT 7y

AT 3y

 

Special leave to HC refused

Intense but turbulent homosexual relationship with V - bashed V with barbell and statuette - previous assaults on V.

Alexander

(1994) 78 A Crim R 141

 

NSWCCA

24.2.1995

Provocation

Shooting - domestic

 

nil

MT 2y 6m

AT 3y 6m

Crown AD

Shot wife during argument - provocation was V’s attitude and behaviour to offender’s children from first marriage.

Gilham

(25)

NSW SC

Abadee J

7.4.1995

Provocation

Stabbing - domestic

PG

nil

5y Bond

 

Stabbed brother who had just killed their parents

Remorse. Excellent prior character and prospects for rehabilitation.

Dunn

(19)

NSW SC

Ireland J

21.9.1995

 

NSW CCA

28.10.1997

Provocation

Assault – general

VG

not serious

MT 7y

AT 4y

AA

(to make technical corrections to date)

Met stranger on cycleway late at night - physical altercation resulted in death - homosexual provocation - returned to scene to either inflict further violence or ensure that V was dead.

Vella

(33)

NSW CCA

15.12.1995

Provocation

Assault – general

Fight

VG

minor

MT 10y

AT 4y

AD

Attacked by V with iron bar without warning or provocation - during ensuing fight overpowered V and assaulted him with bar - disposed of body without knowing if dead.

Below average intelligence.

McIntyre

NSWSC

McInerney J

15.3.1996

Provocation

Stabbing - domestic

PG

nil

MT 2y

AT 4y

 

Stabbed de facto husband when he grabbed her hair - prelude on previous occasions to serious assault - relationship characterised by inhumane treatment of offender - consumed drugs and alcohol.

Nelson

NSW CCA

25.6.1996

Provocation

Assault - domestic

PG

 

MT 8y

AT 6y

AA

MT 6y

AT 4y

With brother bashed boarder in house, believing he had molested her daughter - assaulted at house, then taken to deserted country area and brother continued assault with metal baseball bat - Brother pleaded guilty to murder.

Khan

(1996) 86 A Crim R 552

Provocation

Stabbing - domestic

VG

nil

MT 2y

AT 3y

Crown AA

MT 4y

AT 2y

Stabbed wife’s lover - devout Muslim - delay between finding wife with lover and arming himself.

Isaacs

(24)

(1997) 41 NSWLR 374

(1997) 90 A Crim R 587

Provocation

Assault - domestic

VG

nil

MT 5y

AT 4y

AD

Woke and beat violent flatmate with dowel.

Cheung

(19)

NSW CCA

12.3.1998

Provocation

Fight

Stabbing - general

VG

nil

MT 6y

AT 2y

AD

Fracas in street involving number of people following earlier argument in restaurant - two men stabbed, one fatally in chest seven times - V had attacked offender with club-lock during fight - took knife anticipating violence.

Young

(mid 30s)

NSW SC

Levine J

20.5.1998

Provocation

Stabbing - domestic

PG

2 bonds, mal damage, assault

MT 3y

AT 3y

 

7 stab wounds to husband - V started assaulting offender in argument about wine consumption - A ‘snapped’ and went into frenzy - no premeditation

Stormy and volatile relationship - offender not passive, helpless victim - some prospects of rehabilitation.

McEwan

(35)

NSW SC

Barr J

9.7.1998

Provocation

Shooting - general

VG

no violence

MT 5y

AT 3y

 

Male drinking heavily with ex-girlfriend and her de facto - de facto began hitting girlfriend. Offender obtained gun from house and shot de facto - motivated by fear for ex-girlfriend - no prior animosity or jealousy.

Tragic childhood, including sexual abuse - highly suicidal in gaol - good rehabilitation in gaol.

Dang

NSW CCA [42]

2.3.1999

Provocation

Shooting – general

Fight

VG

nil

MT 4y 6m

AT 1y 6m

Crown AD

Female had argument with female V where V had produced rifle - two weeks later another argument ensued - offender loaded rifle out of fear V might use it against her - V shot during argument - high level of criminality and culpability - also wounded V’s daughter.

Green

(22)

NSW CCA [97]

18.5.1999

Provocation

Stabbing - general

VG

drug offences and assault

MT 8y

AT 2y 6m

AD

Stabbed 36y friend when friend made homosexual advances on him - traumatised by father sexually assaulting sisters - stabbed V with poultry shears multiple times.

K

(16)

NSW SC [933]

Hulme J

1.10.1999

 

NSWCCA [24]

24.2.2000

Diminished responsibility – Provocation

Juvenile

Stabbing - domestic

VG

insignificant

4y GBB

Crown AD

Stabbed man he had been staying with. - week before had been sodomised by V – element of provocation

Developmental delays and profoundly disturbed - appalling childhood - gross psychiatric disturbances - ill equipped to deal with stress

Positive evidence of rehabilitation

Howard

(31)

NSWSC [1228]

Bell J

17.12.1999

Provocation

Fight

Stabbing - domestic

VG – at murder trial

one juvenile offence

MT 5y

AT 1y 6m

 

Stabbed neighbour during argument at offender’s flat.

Good prospects of rehabilitation.

Butcher

(50)

NSW SC [92]

Barr J

25.2.2000

Provocation

Shooting - domestic

PG

nil

MT 2y 6m

AT 2y

 

Shot friend in chest after finding him engaged in sexual intercourse with wife.

Genuine remorse, depressed at time, will not re-offend.

Fiu

(25)

NSW SC

Ireland J

1.6.2000

Diminished responsibility / provocation

Stabbing - domestic

VG at murder trial

nil

7y

NPP 3y 6m

 

Stabbed lover when he told her he would not marry her and did not love her - provoked by fact that V used her for sexual gratification only.

High order of impairment to mental responsibility - depression

Attempted to kill self - West Samoan female. Genuine remorse – guilty plea to manslaughter rejected.

Kelly

(30)

NSW SC [701]

Barr J

13.7.2000

Provocation

Fight

Stabbing - domestic

PG

irrelevant

7y

NPP 3y 6m

 

Stabbed victim during altercation in kitchen - V started physical fight pushing offender to ground and causing wound to head - offender feared further assault may cause death because of brain injury he suffered in accident in 1994 - stabbed V seven times in chest and abdomen with fishing knife - intent to do really serious injury - culpability low.

Aboriginal - immediate assistance to victim, confession to police, genuine remorse

Vandersee

(47)

NSW SC [916]

18.9.2000

Provocation

Assault - domestic

VG

(murder trial)

nil

8y

NPP 5y

 

Bashed sleeping husband to death with blunt end of a tomahawk or axe. Provoked by domineering, controlling and cruel behaviour of V over many years. Medium degree of provocation.

Suffering mild depression at time of offence. Made immediate admissions to police.

Ko

(26)

NSWSC [1130]

Kirby J

12.12.2000

Diminished responsibility / provocation.

Stabbing - domestic

PG

Nil

4y

NPP 18m

 

Stabbed husband 17 times. Married V after he sexually assaulted her. Unhappy and violent marriage, V forcing offender to have abortion, and seeking divorce. Offender isolated and suffering major depression. Attempted suicide.

Exemplary life prior to offence, model prisoner, genuine remorse

Dimond

(22)

NSW SC [1212]

B-Parker AJ

18.12.2000

 

(2000) 118 A Crim R 188

Provocation

Alcohol / fight

Stabbing - general

PG

record for some violence

6y

NPP 4y 6m

 

Stabbed male victim once in chest with steak knife. Offender provoked by behaviour of V taunting offender and taking cap and t-shirt, armed self with knife and stabbed with intention to cause really serious harm.

Displayed aggressive personality disorder from early childhood. Real risk of re-offending unless aggression dealt with.

Dally

(47)

(2000) 115 A Crim R 582

Provocation

Fight

Stabbing - domestic

VG

assault 21 years ago

MT 6y

AT 2y

AD

Stabbed flatmate once in chest during argument over accommodation arrangements. Offender picked up carving knife and V stabbed when he starting pushing offender around.

Lonely life culminating in alcohol dependency. Offence not pre-meditated. Remorse.

Veech

(25)

NSW SC [68]

Wood CJ at CL

8.2.2001

Provocation

Shooting - general

VG

(murder trial)

Nil relevant

6y 6m

NPP 4y 11m

 

Shot male friend four times with rifle after loud and aggressive confrontation outside offender’s house. Shot V twice while standing and twice while V helpless on ground. Provocation significant and annoying but not extreme. Struck V with rifle butt after shooting him. Intent to kill.

Youth; unlikely to re-offend in this way; suffering physical effects of motor accident; benefit from counselling.

Bolt

(19)

NSW SC [747]

Hidden J

31.8.2001

 

(2001) 126 A Crim R 284

Provocation

Stabbing - domestic

VG - murder trial (25% offer)

criminal record related to difficult background

5y 6m

NPP 2y 6m

Crown AA

6y

NPP 3y 6m

Stabbed mother to death. Extremely dysfunctional childhood caused by violent and abusive treatment by mother. Earlier in afternoon mother had ordered mentally ill daughter to leave house. Offender subsequently lost control when mother verbally abused him and poked him in chest. Degree of provocation high. Unlikely to re-offend in this way.

Crown refused plea to manslaughter. Needs much rehabilitation. Genuine remorse.

Cardoso

(22)

NSW SC [775]

Hulme J

7.9.2001

 

(2003) 137 A Crim R 535

Provocation

Stabbing – general

Fight

VG (murder trial) (12.5% for offer on appeal)

nil

8y

NPP 5y

AA

7y

NPP 4y

Stabbed male stranger in head during fight between V and 6 men in shopping centre. Offender left fight and obtained table knife before returning and stabbing. High degree of force required. Moderate degree of provocation. Offender more sensitive because of refugee background.

Refugee from East Timor - Difficult background - Remorse - Limited English - Isolated.

See

(30)

NSW SC [776]

Hulme J

7.9.2001

Provocation

Stabbing - general

VG

(murder trial)

 

PG

s33B

nil

7y

NPP 4y 6m

(concurrent sentence)

 

Stabbed fellow employee to death with carving knife and meat cleaver - 30 wounds - provoked by puerile teasing - chased another employee with meat cleaver

History of being teased and picked on - Malaysian - working illegally - isolation in custody - little English

Gardiner

(46)

NSW SC [1147]

Whealy J

6.12.2001

Provocation

Stabbing – domestic

Fight

PG (12%)

Lengthy minor matters only

7y 11m

NPP 5y

 

Stabbed flatmate during argument over rent money. V aggressive and abusive. Stabbed V in neck. Attempted to save V.

Special circumstances. No previous custody.

Ladd

(41)

NSW SC [1055]

James J

7.12.2101

Provocation

Assault - domestic

PG (20%)

murder, AOABH

10y

NPP 7y

 

Saw friend in bed with offender 9y son. Struck V with wine bottle over head and punched him several times in head

Single parent of no fixed abode – binge drinker – served 8 years for murdering an Aboriginal woman in WA in 1977 – almost completed a science degree while in custody – anger management issues

Griffis

(33)

NSW SC [1154]

McClellan J

13.12.2001

Provocation

Fight

Shooting - general

PG (30%)

minor juvenile offence

7y

NPP 5y 3m

 

Went camping with male friend - during physical argument received burn injuries to face - retrieved gun and shot friend in head - intoxicated and under influence of cannabis

Limited intelligence - good work record - problem with alcohol - unlikely to re-offend - remorse - co-operated with police

Popovic

(29)

NSW SC [1118]

O’Keefe J

19.12.2001

 

NSWCCA 103

25.3.2003

Provocation

Shooting - general

VG - 9 x malicious wound

 

PG

firearms offences

Manslaughter:

10y

NPP 6y

Total:

12y

NPP 8y

AD

Discharged 2 shots from double barrelled shot gun in busy street - injured 9 bystanders - shot dead male – V had been harassing and threatening offender over long period of time - offender in relationship with V’s ex-girlfriend - formed intent to kill prior to day of shooting - no fear for safety at time of shooting

Some contrition - good prospects of rehabilitation

Lynch

(48)

NSWSC [1140]

Whealy J

20.11.2002

Provocation

Stabbing - domestic

PG (15%)

Mansl

Mal Wound

record related to drug addiction, AOABH and DV

Manslaughter

7y 8m

NPP 5y 9m

Total:

8y 8m

NPP 6y 9m

 

Stabbed estranged wife and lover found in bed together - Killed male and charged with malicious wounding of wife - Build up of anger, distress, humiliation and jealousy over afternoon and evening - No intent to kill - Degree of provocation quite high

Remorse

Tindall

(35)

NSWSC [1108]

Hidden J

4.12.2002

Provocation

Assault - domestic

PG

minor assault matters

5y 6m

NPP 2y 6m

 

Assaulted brother with hammer over head - V acquitted of murder of father - Offender chief Crown witness - Subsequent to trial V harassed offender for 5 months with physical abuse and threats - Grave and cumulative provocation

Johnson

(22)

NSW CCA [129]

22.5.2003

Provocation

Stabbing - general

VG

(murder trial – 10% on appeal)

Breached parole for assault w/i to rob w/ wounding (stabbing)

10y

NPP 7y 6m

AA
9y

NPP 6y 9m

Sexually abused by V when 13y – Went to V’s house seeking cannabis – Fight over sexual advances resulted in stabbing in chest

Protective custody – Behavioural problems exacerbated by abuse – Offer to plead to manslaughter not taken into account

KMB

(32)

NSWSC [862]

Bell J

23.9.2003

 

NSW CCA [185]

6.5.2005

Provocation

Assault - domestic

VG

(murder trial)

Nil

6y

NPP 3y 6m

AD

Female – Prolonged assault on Uncle – V admitted sexually interfering with offender’s children – Intent to inflict GBH – V’s mental health deteriorating – Offender caring for V

Mother to 3 young children – Prior good character – Good prospects of rehabilitation

Marlow

(27)

NSWSC [1130]

Studdert J

5.12.2003

Provocation

Stabbing - domestic

VG

(murder trial - 18% for offer))

Nil

9y

NPP 6y 9m

 

Fatal stabbing with kitchen knife in V’s home – Extremely violent killing – Sexually assaulted by V on 16th birthday – Subsequent consensual sexual encounters - V attempted further sexual assault night of killing

Offer to plead to manslaughter

Walsh

(32)

NSWSC [111]

Howie J

27.2.2004

 

(2004) 142 ACrimR 140

Provocation

Assault – domestic

Fight

VG

(murder trial - 15% for offer)

Lengthy record including violence

7y 3m

NPP 5y 6m

 

Became involved in violent struggle with male acquaintance staying at offender’s premises – Struck V in head with hammer 8-9 times – V aggressive all evening – Substantial provocation – Body dismembered and dumped in river – Attempt made to cover offence

Poor health

Williams

NSWSC [189]

O’Keefe J

22.3.2004

 

NSW CCA [99]

24.3.2005

Provocation

Assault - domestic

VG

(murder trial)

Lengthy including violence

14y

NPP 10y 6m

AA

12y

NPP 9y

Bashed de facto wife with heavy metal weight lifting bar – low level of provocation – Hid body in bushland – Returned and re-hid body in another area

No remorse – future dangerousness

Clarke

(50)

NSWSC [1125]

Barr J

26.11.2004

 

NSWCCA [36]

27.2.2008

Provocation

Stabbing - domestic

VG

Lengthy record for dishonesty offences

8y

NPP 6y

AD

Stabbed neighbour after daughter complained of violent and heated argument – Intent to inflict GBH – Single thrust caused death – Opportunistic – Provocation not high – Mid-range seriousness

Moderate prospects of rehabilitation

Hamoui [No.4]

(27)

NSWSC [279]

Kirby J

15.4.2005

Provocation

Assault - domestic

VG

(murder trial)

Serious offences involving violence – breached bail

11y

NPP 8y

 

Strangled girlfriend and left body in car –circumstances of killing not clear – V bound at some stage – intent to kill – gratuitous cruelty – V’s relationships with other men probable provocation.

Physically and emotionally abused as a child – no contrition but evidence of rehabilitation in jail – resumed religious studies – engaged to sister of another inmate – possible mental illness

Ali

(mid 20s)

NSWSC [334]

Wood CJ at CL

18.4.2005

Excessive self defence / Provocation

Shooting - general

VG at murder trial

Record includes acc to robbery

5y 8m

NPP 2y 8m

 

V obsessed with offender’s partner - threatened offender and partner a number of times including using a pistol – on night of killing, V had cocaine and told others he was going ‘to get’ offender – V talked with offender then threatened to have his parents killed – offender shot V when latter seeking refuge after being disarmed

Lebanese background – stable family – doesn’t use drugs – remorse – involved in community – partner pregnant again

Dunn

(60)

NSWSC [1231]

Latham J

13.9.2005

Provocation

Stabbing - domestic

VG

(murder trial)

Nil

8y

NPP 5y

 

Stabbed female flatmate during argument – Long history of taunting by V – Intent to inflict GBH – Offence slightly above mid-range

Socially isolated – Organic brain damage due to alcoholism – Genuine contrition

Bullock

(25)

NSWSC [1071]

Buddin J

21.10.2005

Provocation

Fight

Stabbing - general

VG

(murder trial)

Minor

8y

NPP 5y

 

Fight in hotel – Unprovoked assault by V – Offender collected knives from father’s house nearby and returned – Assault resumed by V and offender stabbed V in abdomen – Significant provocation – Intent to cause GBH

Immediate remorse – discount for offer to plead guilty to manslaughter

Russell

(48)

NSWSC [722]

Newman AJ

21.7.2006

Provocation

Stabbing - domestic

PG

 

6y

NPP 3y

 

Female – stabbed de facto husband during confrontation – history of domestic violence – intent to inflict GBH

Mildly intellectually handicapped – difficult personal; life – brain injury from accident

Moore

(72)

NSWSC [1369]

Bell J

15.12.2006

Provocation

Shooting - domestic

PG

(25%)

Nil

4y 6m

NPP 2y

 

Shot 41y neighbour from housing commission flats – lengthy period of confrontation intensified during previous 6 days – unsuccessful in attempt to obtain AVO – significant distress and turmoil – threatened by V – V a drug user and mental problems

Community involvement – impeccable character – early stages of dementia and some hearing loss

Berrier

(22)

NSWSC [1421]

Hidden J

21.12.2006

 

NSW CCA [40]

27.2.2009

Provocation

Fight

Stabbing - general

VG at murder trial

Minor

9y

NPP 6y

AD

History of animosity and threatening behaviour by V – stabbed during fight – single stab wound – significant level of provocation – intent to inflict GBH

Remorse – low intellectual ability

A.S.Jones

(43)

 

 

 

 

 

 

 

A.Jones

(21)

 

 

 

 

 

 

S.M.Jones

(32)

 

 

 

 

 

S.Jones

(64)

 

 

 

 

 

 

E.Jones

(female)

63)

 

NSWSC [1333]

Buddin J

23.11.2007

Excessive self defence / Provocation

Fight

Stabbing – general

Accessory

VG (at murder trial - 15% for offer)

Mal wound

 

Sched:

4 off

 

 

VG

Mansl

Mal wound

Assault

 

 

 

 

 

PG (15%)

Mansl

Mal wound

 

 

 

 

VG

Mansl

Mal wound

 

 

 

 

VG

Mansl

Mal wound

Nil

 

 

 

 

 

 

 

 

Minor

 

 

 

 

 

 

 

Minor

 

 

 

 

 

 

 

Minor

 

 

 

 

 

 

 

nil

Mansl

8y 3m

NPP 5y 3m

Total

9y

NPP 6y

 

 

 

Mansl

8y 3m

NPP 5y 3m

Total

9y

NPP 6y

 

 

Mansl

8y 3m

NPP 5y 3m

Total

9y

NPP 6y

 

 

Mansl

7y 9m

NPP 4y 9m

Total

8y 6m

NPP 5y 6m

 

 

Mansl

7y

NPP 4y 6m

Total

7y 6m

NPP 5y

 

 

 

 

 

 

 

 

 

AD

NSWCCA 169

26.6.2009

All offenders part of Romany gypsy family – V members of another Romany gypsy family related by marriage to offenders – during evening AS Jones and A Jones involved in aggressive altercation with members of V family – both families armed selves and prepared for confrontation – SM Jones, S Jones and E Jones travelled to caravan park for purpose of confrontation – fight broke out in which male V fatally stabbed and second male V badly injured – A Jones assaulted 16y female – not clear which offender responsible for fatal stabbing – element of self defence and provocation – culpability of E.Jones slightly less – Offenders convicted of alternative offences at trial for murder and attempt murder

AS Jones – father to A Jones and son of S Jones - credit given for offer to plead to manslaughter - exemplary conduct in custody – possibility of deportation – prospects of rehabilitation

A Jones – son of AS Jones - remorse – prospects of rehabilitation – credit given for offer to plead to manslaughter

SM Jones – evaded police and voluntarily surrendered during trial of other offenders

S Jones – father to AS Jones and S Jones and grandfather of A Jones

E Jones – wife of S Jones, mother to AS Jones – health problems – isolation from family (most in custody)

Frost

NSWSC [220]

Barr J

17.3.2008

Provocation

Assault - domestic

PG (substantial)

Nil

6y

NPP 3y 6m

 

Ex-wife visited from Philippines and asked to take youngest daughter back for purpose of prostitution – choked complainant – panicked and buried body – left trail suggesting complainant returned to Philippines

Forrest

(48)

NSWSC [301]

Studdert AJ

4.4.2008

 

NSW CCA [11]

12.2.2009

Provocation

Stabbing - general

PG (25%)

No serious violence

7y 6m

NPP 5y 9m

AD

Stabbed male acquaintance with kitchen knife – V threatening to stab female – entered house to retrieve knife – significant degree of provocation

Genuine remorse – effected by incident many years prior where innocently involved in stabbing

Mitchell

(24)

NSWSC [320]

Howie J

18.4.2008

Provocation

Assault - general

PG (17.5%)

Mansl

Arson

Primarily dishonesty and driving offences

Manslaughter:

8y 3m

NPP 4y 6m

 

Total:

9y

NPP 5y 3m

 

Assaulted male acquaintance with hammer in V’s apartment – response to being sexually assaulted – set fire to door of apartment

History of mental health problems – drug and alcohol problems - remorse

Ferguson

(36)

NSWSC [761]

Barr J

25.7.2008

Substantial impairment / provocation

Stabbing - domestic

PG (substantial)

Nil

7y

NPP 4y

 

Female entered sexual relationship with 22y male – unhappy relationship involving physical abuse, drug abuse and threats to kill – stabbed V during argument – impulsive and sudden offence – element of provocation

Major depressive disorder

Also suffering amphetamine abuse disorder – sexually abused as a child – remorse – prior good character

Stevens

(40)

NSWSC [1370]

Hall J

18.12.2008

Provocation

Assault - domestic

PG (20%)

Some assault

8y 9m

NPP 6y 7m

 

Killed de facto wife – spleen injury caused abdominal bleeding – evidence of other injuries – both had history of drug addiction – under influence of prescribed medication at time of killing – unpremeditated offence – low level of provocation from V’s drug addiction and failure to properly care for children

Chant

(41 – 48 at sentence)

NSWSC [593]

Howie J

26.6.2009

Provocation

Shooting - domestic

PG (5%)

Mansl

Interfering with human remains

nil

Manslaughter

4y 9m

NPP 3y 4m

 

Total:

5y 4m

NPP 3y 11m

 

Female – Shot husband in head during argument – physically abusive relationship – gun initially produced that night by V – dismembered body and disposed of in various locations

Son assisted in hiding boy

Lovett

(21)

NSWSC [1427]

Barr AJ

18.12.2009

Provocation

Stabbing - domestic

VG at murder trial

Record for violence offences – breached conditional liberty

10y 8m

NPP 8y

 

Aware V at house of estranged partner – returned to house, uninvited, at night, with knife – observed V and partner having sexual intercourse – stabbed V once in chest – assaulted V with garden stake, dragged him out onto lawn and kicked body

Gabriel

(64)

NSWSC [13]

Price J

4.2.2010

Provocation

Assault - domestic

VG

(murder trial – 10% for offer)

nil

9y 3m

NPP 6y 3m

 

Had offer to plead guilty to manslaughter rejected by Crown – struck wife to head with skutch hammer – history of arguments with wife and suspected infidelity on her part – degree of provocation not high – threatened by wife with knife – extreme degree of violence – element of self defence

Also suffering early dementia, depression and underlying conditions – remorse – poor health

Lynch

(24)

NSWSC [952]

15.9.2010

Studdert AJ

Provocation

Fight

Stabbing - general

PG (15%)

minor

7y

NPP 5y

 

Stabbed V lightly to back of neck then fatally to stomach during confrontation between group of people outside house at night – all drinking – used work knife – intent to cause GBH – provocation of pushing offender’s fiancé significant and shortly before stabbing

Genuine remorse – good character

Goundar

NSWSC [1170]

Kirby J

5.11.2010

 

NSWCCA [87]

23.2.2012

Provocation

Stabbing - domestic

VG – (murder trial – 17.5% for offer)

Breached bail

10y 8m

NPP 8y

AD

Stabbed male friend during confrontation at ex-marital home – angry because V had commenced sexual relationship with offender’s estranged wife – planned confrontation although use of knife spontaneous – ferocious and sustained attack - placed in bath and left to die – intent to kill – disposed of body in bush with estranged wife – well above mid-range

Fijian Indian – drinking problem and adjustment and depressive disorder at time of offence – offered to plead guilty to manslaughter

Vulovic (No.4)

(53)

NSWSC [212]

Johnson J

15.3.2012

Provocation

Fight

Stabbing - domestic

VG

at murder trial

Record including assault

9y

NPP 6y

 

Stabbed male acquaintance during violent argument in offender’s house – both parties intoxicated - provocative words and violence from V – offender partially strangled – intent to inflict GBH – substantial level of objective gravity

Reasonable prospects of rehabilitation

Singh

(22)

NSWSC [637]

McClellan CJ at C

7.6.2012

Provocation

Stabbing - domestic

VG

(murder trial – 25% for offer)

nil

8y

NPP 6y

 

Cut wife’s throat with a Stanley knife during argument by ferocious attack -– during argument verbally abused by brother-in-law on telephone and V – V threatened to leave and have offender kicked out of country - married in India so both could move to Australia – long history of martial disharmony and violence – brutal and violent attack

Immature with no family or friends for support – offered to plead guilty – suffering psychiatric disorder at time of offending – good prospects of rehabilitation

Won

NSWSC [855]

Fullerton J

3.8.2012

Provocation

Stabbing - domestic

VG

(murder trial - 25% for offer)

Nil

7y 6m

NPP 5y

 

Stabbed male acquaintance in arm severing arteries – stab wounds to back, chest and abdomen – found V having sex with offender’s wife – intent to kill

25% discount for offer to plead guilty to manslaughter rejected by Crown - Korean – exemplary character

Butler

NSWSC [1227]

Button J

11.10.12

Provocation

Assault - general

PG (25%)

Nil

7y

NPP 4y 6m

 

Street prostitute – assaulted client V with brick after V made fantasy references to sexual assault – A had suffered sexual assault as a child and been sexually assaulted a month earlier - V’s comments provoked / caused A to black out and assault V.

Special circumstances - longstanding psychological problems, drug dependence, substantial adjustment on return to the community. -Troubled upbringing – good progress rehabilitation.

Hassan

(54)

NSWSC [280]

Garling J

21.3.2014

ProvocationDomestic - Stabbing

VG

(murder trial)

(25%)

Nil

12yNPP 9y

 

Stabbed wife multiple times during argument at family home – responding to low level verbal provocation – brutal and vicious assault on wife cowering under blankets in bed

Pleaded guilty to manslaughter before jury Born in Sudan – relatively safe childhood – good character

Armstrong
(28 at time of offence)

[2014] NSWSC 700

Adamson J

 

 

[2015] NSWCCA  273

​Provocation

Assault - General

​PG

(5%)

​Offences of violence both before and after manslaughter​13y 3m

NPP 9y 11m

​1991 – Fatal assault - killed male acquaintance after sexual encounter – lost control when advised by V he was HIV – brutal and savage attack – great fear of AIDS in 1991

Lack of remorse – HIV – assaulted in gaol

No discernible change in sentencing patterns

 

 

 

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