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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 - s.19A - 1997-2000

NAME
(age if known)

DATE REFPLEASENTENCEAPPEALSUMMARY OF RECORDHOW KILLEDINVOLVEMENT & SUMMARY

PANTOJA

(29)

NSWSC

Barr J

5.3.1997

 

NSWCCA

5.11.1998

VG

MT 13y 6m

AT 4y 6m

ADnil

assault / strangulation

intent kill

Murdered wife and sexually assaulted sister-in-law - motivated by sexual passion for sister-in-law.
PREVITERA

(1997) 94 A Crim R 76

NSWSC

Hunt CJ at CL

27.5.1997

PG

MT 20y

AT 5y

 long record, including bag snatch on elderly womanstrangulationStrangled 81y female neighbour, then robbed her - motive for murder unclear.

KILMORE

(21)

NSWSC

Hidden J

18.7.1997

 

NSWCCA

13.8.1998

PG

MT 10y

AT 4y

ADdishonesty, drugs

stabbing

intent GBH

Female stabbed male tourist after altercation in street - single stab wound through heart.

Alcohol and drug problems

B FERNANDO

(27)

 

V FERNANDO

(26)

(1997) 95 A Crim R 522

 

[1999] NSWCCA 66

VG

Life

 

 

Life

AD

lengthy

 

 

lengthy

stabbing

intent kill

Sexual assault and killing of nurse with machete at Walgett – victim surprised offenders as they were stealing her car. Aboriginal cousins

PREUSS

(23)

NSWSC

Barr J

26.8.1997

VG

MT 7y

AT 5y

 attempt rob

shooting

intent kill

Accidentally shot friend - fired second shot to put friend out of misery

Depression and psychiatric history.

VELEVSKI

(29)

NSWSC

Dunford J

26.9.1997

 

[1999] NSWCCA 96

 

[2002] HCA 4

VG

4 x Murder

MT 19y

AT 6y

Conviction AD

 

 

 

 

 

 

HCA AD

nil relevant

cut throat

intent to kill

Cut throat of wife, 6y daughter and 3m twins - left them in bedroom - deliberate killings involving considerable degree of planning.

LEES

(22)

NSWSC

B-Parker J

30.9.1997

 

[1999] NSWCCA 301

VG

MT 13y 6m

AT 4y 6m

ADminor

assault

intent GBH

Bashed flatmate to death during fight about rent

Offer to plead to manslaughter taken into account as evidence of remorse - drug/ alcohol background.

LITTLE

(30)

NSWSC

Hidden J

17.10.1997

PG

Murder

MT 11y

AT 5y

 minor

stabbing

intent kill

Broke into home of friend's neighbour and stabbed male occupant - no reason for violent outburst – returned some time later to set fire to flat with body inside.

Aboriginal offender. Alcohol.

LEONARD

(24)

NSWSC

B-Parker J

10.11.1997

 

NSWCCA

7.12.1998

VG

Murder

 

PG

Murder

LifeAD 

bow and arrow

stabbing

intent kill

Shot victim with bow and arrow after alleged homosexual advance - cut up body and threw in river - second murder of taxi driver by stabbing.

GLASBY

(20)

NSWSC

Sully J

11.11.1997

PG

MT 9y

AT 3y

 minor

shooting

intent kill

Female - lured victim away on pretence of sex – victim shot by dominating husband to fulfil contract killing

WELSH

(22)

NSWSC

Hidden J

14.11.1997

 

[1999] NSWCCA 386

VG

MT 12y

AT 6y

AD 

assault

intent kill

Bashed and kicked 53y man asleep / intoxicated on front lawn of his own home.

Aboriginal offender - alcohol/ drug background

JB

(15y 11m)

 

 

 

RJH

(17y 10m)

Hunt CJ at CL

20.11.1997

 

 

 

Hunt CJ at CL

25.11.1997

 

[1999] NSWCCA 93

PG

 

 

 

 

PG

MT 11y

AT 5y

(20% assistance)

 

MT 12y

AT 6y

AD

 

 

 

 

AD

appalling, including violence

 

 

bad record, including violence

assault

felony murder

Cousins robbed commuter walking home from train station - struck head with rock.

H less culpable.

SPEDDING

(20)

NSWCCA

11.12.1997

VG

Murder

 

2 x conceal dead body

MT 11y

AT 4y

AD shootingGroup of four travelling / living together - during argument shot victim - buried body in the bush.
TOO

NSWCCA

17.12.1997

VG

MT 13y 6m

AT 4y 6m

Conviction AD stabbingStabbed victim during argument at party
NGUYEN

NSWCCA

20.3.1998

VG

Murder

 

PG

2 x mal wound

MT 9y

AT 5y

Conviction ADAVOstabbing

Angered when wife planned to move with children - splashed acid in face of daughter and friend - stabbed wife six times - stabbed daughter and friend

Diminished responsibility rejected

FADEL

(46)

NSWCCA

1.5.1998

VG

MT 14y

AT 4y

ADnil

shooting

intent to kill

Drive-by shooting - shot victim after pulling up beside car - motive unclear - pre-meditated.

GLASBY

(41)

NSWSC

Sully J

11.6.1998

 

(2000) 115 A Crim R 465

[2000] NSWCCA 83

VGLifeADvery bad, including robbery and armed robbery with wound

shooting

intent kill

Contracted with victim's wife to do murder.

WHITMORE

(66)

NSWCCA

24.7.1998

VG

MT 15y

AT 10y

ADAOABH

shooting

intent kill

Shot dead lover when she threatened to leave - some element of premeditation.

HAS

(17y 7m)

NSWCCA

13.8.1998

PG

MT 12y

AT 5y

AA

MT 10y 6m

AT 6y 6m

nil

stabbing

intent kill

Stabbed and assaulted 69y acquaintance - no pre-meditation.

Aboriginal with deprived childhood - suffering significant brain damage and alcohol abuse - good rehabilitation.

SMITH

(53)

NSWSC

Simpson J

10.9.1998

 

[2000] NSWCCA 202

VGLifeADlengthy, including murder

shooting

intent kill

Drove victim to Botany Bay, shot and buried him - took large amount of money from victim - victim was threatening offender's corrupt relationship with police - premeditated and planned killing.

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

assault

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 and violence - low intellectual functioning - considered leader of group.

L: Difficult background - previously stabbed - alcohol addiction - low intellectual functioning and depression lessened criminal responsibility

MHN

(17y 10m at offence – 20 at sentence)

 

 

 

 

 

Co-offender:

TNT [2002]

NSWSC

Kirby J

29.10.1998

PG

MT 16y

AT 6y

 Breached probation for AOABH – subsequent offences for violence

Cut throat with knife

Intent kill

Part of group of four youths who took 17y male acquaintance to park area and assaulted causing serious injury –strangled, stabbed and throat cut – body dumped at building site – brutal crime – seeking to eliminate witness to earlier offence

Vietnamese – suffering depression – Evidence of explosive temper

Subsequently sentenced to concurrent sentence for manslaughter (MHN NSWSC 20.11.1998)

BALDACCHINO

NSWCCA

3.11.1998

PG

MT 8y

AT 8y

ADnil relevant

shooting

intent kill

(1985) Killed lover's ex-husband - manipulated by lover - confessed in 1997 after becoming a Jehovah's Witness.

KINGI

(31)

NSWSC

Hidden J

18.12.1998

PG

MT 10y

AT 4y

 minor and irrelevantstabbing

Argued with estranged wife - she threatened to injure daughter - obtained knife and iron bar from home and returned to kill wife - dropped child at brother's house and went to police - moved by 'anger and frustration' not 'revenge and hatred'.

Good rehabilitation prospects.

BARAC

(32)

[1999] NSWSC 61

Greg James J

PG

MT 20y

AT 10y

 mal wound with intent on first wife

stabbing

intent kill or GBH

Stabbed wife and dumped body in bushland.

ADAM

(33)

[1999] NSWSC 144

Wood CJ at CL

 

(1999) 47 NSWLR 267

[1999] NSWCCA 197

VG

MT 21y

AT 7y

ADAOABH

stabbing / assault

joint criminal enterprise

Group bashing of off duty police officer outside hotel.
SUCKLING[1999] NSWCCA 36VGLifeAD body never foundKilled prostitute and dismembered body, burying her in outback New South Wales.

MOFFATT

(36)

[1999] NSWSC 362

Kirby J

 

(2000) 112 A Crim R 201

[2000] NSWCCA 174

VG

MT 6y

AT 5y

Conviction ADminor alcohol related

strangulation

intent GBH

Strangled acquaintance during drinking session - provoked by insults and intoxicated – not premeditated

Genuine remorse – alcoholic

SHORT

[1999] NSWSC 430

Sully J

 

[2000] NSWCCA 462

VG

Murder

 

 

Rob with violence

 

AOABH

MT 16y

AT 4y

 

 

FT 4y

 

 

FT 2y

(concurrent)

Crown AA

24y

NPP 18y

 

FT 4y

 

 

FT 2y

(concurrent)

minor violence

strangulation

intent kill

Strangled 21y female after leaving nightclub late at night and buried in sandpit - assaulted and robbed two other girls who had left night club.

Dysfunctional personal history.

LEONARD

(28)

[1999] NSWSC 510

Sully J

VG

MT 12y

AT 4y

 nil

shooting

intent kill or GBH

Shot de facto during argument - relationship strained and victim had returned from sexual liaison with another man - taunts as to sexual prowess.

Genuine remorse - threatened in gaol - attempted suicide - good prospects of rehabilitation.

ZAMMIT

(1999) 107 A Crim R 489

[1999] NSWCCA  65

VG

Murder

 

AR

MT 18y

AT 6y

 

FT 10y

Conviction AD 

shooting

intent GBH

Female shot taking money from service station in car with her son – offender leaned into car and demanded money – victim resisted and shot in cheek.

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

 

 

FT 6y

(concurrent)

AA

18y

NPP 13y

 

FT 6y

 

Total:

21y

NPP 16y

insignificant

stabbing

intent 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.

HALL

(22)

[1999] NSWSC 631

Hidden J

 

[2001] NSWCCA 202

VG

Murder

 

3 x s.33

MT 14y 6m

AT 5y

 

FT 10y

(concurrent)

ADnil

ran into victim with car

intent GBH

Drove car twice into group of people following exchange of words - female died week later from injuries.

Good character - intoxicated.

VICTORSEN

(24)

[1999] NSWSC 913

Hidden J

PG

MT 13y

AT 5y

 minor drug related charges

assault

intent kill

Savage and unexplained attack on father with metal pipe

Abnormal state of mind at time of offence due to drug and alcohol ingestion - drug addiction - prospects of rehabilitation - support from sister.

DAVIS

(25)

[1999] NSWSC 876

G. James J

 

[2001] NSWCCA 70

PG

MT 12y

AT 4y

ADminor drug matters

shooting

intent kill

Vicious and cowardly shooting - resented and feared victim after history of confrontations - murder encouraged by older half-brother.

Assistance to authorities against co-offender.

COX

(18)

[1999] NSWCCA 246PG

MT 11y

AT 5y

AA

MT 9y 6m

AT 4y 6m

nil

stabbing

intent GBH

Female - stabbed 14y girl over money owed.

Good character – rehabilitation

HOOKER

(17)

[1999] NSWSC 896

Barr J

PG

Murder

 

Rob with violence

 

Rob with violence

MT 7y

AT 6y

 

FT 3y

 

 

MT 3y

AT 2y

 

Total:

MT 10y

AT 6y

 drug related offencesstabbing

Went to flat to purchase heroin with six friends – victim stabbed in chest three times with knife found at flat.

Prospects of rehabilitation.

BARRY

(41)

[1999] NSWSC 659

Newman J

 

[2000] NSWCCA 138

VG

Murder

 

Mal wound w/i GBH

MT 18y

AT 6y

 

FT 12y

(concurrent)

ADnil

stabbing

intent kill or GBH

Stabbed wife in presence of stepdaughter - probably over access to children - also wounded stepdaughter.

Violent childhood.

D PRIVETT

(27)

 

 

M PRIVETT

(29)

[1999] NSWSC 1076

B-Parker AJ

 

(D Privett)

[2001] NSWCCA 518

VG

MT 14y 6m

AT 3y 3m

 

 

MT 11y

AT 3y 8m

AA

17y 9m

NPP 13y 4m

minor

 

 

 

long record reflecting trouble childhood

shooting

intent kill

common purpose or joint criminal enterprise

Shot victim during robbery at property - no premeditation - D fired fatal shot at close range and greater culpability
LEUNG

[1999] NSWSC 1108

Hulme J

VG

MT 14y

AT 4y

  

strangulation

intent kill

Strangled wife during argument at home.

ROSE

 

Co-offender: LEWIS

[1999] NSWCCA 327

PG

5 x Murder

LifeADNot stated

Not stated

Intent to kill

5 gangland / contract murders - facts not stated.

NGOC

(42)

[1999] NSWSC 1102

Greg James J

PG

Murder

 

Mal wound

MT 12y

AT 4y

 

FT 3y

(concurrent)

 nil

shooting

intent kill

Argument outside Club - no reason for shooting.

Intoxicated - previous good character.

TOMA[1999] NSWCCA 350VG

MT 13y 6m

AT 4y 6m

ADnilstabbing

Stabbed brother-in-law during fight.

Low risk of reoffending.

PETRINOVIC

(39)

[1999] NSWSC 1131

Greg James J

 

[2001] NSWCCA 118

PG

MT 20y

AT 7y

ADin gaol most of adult life - multiple AR

shooting

felony murder

Shot customer in struggle during robbery of bottle shop.

JANG

(57)

[1999] NSWSC 1153

Bell J

 

[2012] NSWCCA 55

PG

2 x Murder

MT 18y

AT 6y

(each – concurrent)

ADnil - breached AVO

stabbing / cut throat

intent kill

Korean - stabbed wife during argument over immigration papers - cut step daughter's throat - culmination of arguments.

No remorse.

GIRI

(19)

 

 

 

 

 

 

 

 

 

 

KARKI

(20)

(1999) 109 A Crim R 499

[1999] NSWSC 1269

Studdert J

 

(2001) 121 A Crim R 568

[2001] NSWCCA 197

(Giri)

 

[2002] NSWCCA 67

(Karki)

VG

 

 

 

 

 

 

 

 

 

 

 

VG

MT 12y

AT 5y

 

 

 

 

 

 

 

 

 

 

MT 12y

AT 5y

Conviction AD

 

 

 

 

 

 

 

 

 

 

 

Conviction AD

nil

 

 

 

 

 

 

 

 

 

 

 

nil

assault

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.

PATSALIS

(31)

 

SPATHIS

(31)

[2000] NSWSC 1320

Kirby J

 

[2001] NSWCCA 476

VG

 

 

VG

MT 16y

AT 5y 6m

 

MT 14y

AT 5y

AD

 

 

AD

nil

stabbing

intent kill

Victim stabbed in truck while accompanying both accused to warehouse - body set alight - premeditated murder

P dominant party.

DE GRUCHY

(2000) 110 A Crim R 271

[2000] NSWCCA 51

VG

3 x murder

MT 21y

AT 7y

(each – concurrent)

Conviction AD assaulted with heavy weaponsKilled mother, sister and brother in home - no motive for killings.

BOWHAY

(18)

(2000) 111 A Crim R 271

[2000] NSWCCA 54

VG

MT 16y

AT 7y

ADcustody

assault and stabbing

intent kill

Met victim in hotel earlier in evening - lured victim to park then strangled, stabbed and assaulted him - saw victim as easy target for aggression - decided to have fun at victim's expense.

Youth – intoxicated - deprived childhood.

CROCKER

(27)

[2000] NSWCCA 79

PG

Murder

 

Agg rob

 

 

SMV

 

Destroy MV by fire

MT 10y

AT 5y

 

MT 12y

AT 3y

 

FT 15m

 

FT 15m

 

Total:

MT 22y

AT 5y

ADminor offencesstabbing

Mugged male in park hitting him repeatedly with steering lock resulting in serious and permanent injuries.

Ten days later murdered another intoxicated male in park, stabbing him with screwdriver around face and throat 47 times.

Deprived background and drug addiction.

WALKER

[2000] NSWCCA 130

 

VG

MT 14y

AT 5y

Conviction AD 

shooting

intent kill or GBH

Shot female taxi driver in back.
HILL

[2000] NSWSC 259

O'Keefe J

 

[2003] NSWCCA 128

PG

Murder

 

 

Murder

 

 

2 x mal discharge firearm w/i to do GBH

MT 30y

AT Life

 

 

MT 25y

AT Life

 

MT 9y

AT 3y

(each)

 

(all concurrent)

AA

30y

NPP 25y

 

25y

NPP 23y

 

MT 9y

AT 3y

(each)

 

(all concurrent)

prior convictions for weapons offences - offence committed while on bond

shooting

intent kill

Angered by argument with neighbours shot two men working in nearby unit, killing one and injuring another - shot dead third man come to investigate noise then stalked and shot victim's wife.

Not affected by alcohol or drugs - history of anger and violence - personality disorder, some prospects of rehabilitation.

HARRIS

(30)

(2000) 111 A Crim R 415

[2000] NSWSC 285

Bell J

 

(2000) 121 A Crim R 342

[2000] NSWCCA 469

PG

3 x Murder

 

AR

40y

NPP 25y

Crown AA

Life

not serious

strangulation

intent kill

Strangled male suffering effects of stroke in own home - later strangled intellectually disabled woman he befriended in her home - strangled male neighbour and disposed of body in country - second and third killings motivated by desire to kill.

BURKE

(29)

[2000] NSWSC 356

Greg James J

PG

MT 5y

AT 4y

 street offences

stabbing

intent GBH

Female - stabbed de facto husband in chest while in car - spontaneous offence - intoxicated and arguing and seriously emotionally disturbed.

Aboriginal mother of four - deprived and abused life resulting in alcoholism and intellectual impairment - some evidence of rehabilitation.

MCGRATH

(21)

[2000] NSWSC 419

Grove J

 

[2002] NSWCCA 207

PG

18y

NPP 13y 6m

ADnot serious

assault / suffocation

intent kill

Bashed then suffocated victim with wet tea towel after learning victim accused of sexual assault on friend's daughter - travelled to home of victim with intention to execute in vigilante type vengeance

LEWIS

(62)

 

 

Co-offender:  ROSE

NSWSC

Ireland J

9.6.2000

 

[2001] NSWCCA 448

VG

2 x murder

LifeADnilshooting and stabbingParticipated in joint criminal enterprise with Rose in killing of de facto and her business employee - victims killed by Rose inside business premises - premises set on fire - contract killing.

P HELMHOUT

(31)

 

 

M HELMHOUT

(37)

[2000] NSWSC 651

Bell J

 

(2001) 125 A Crim R 257

[2001] NSWCCA 372

(M. Helmhout)

VG

 

 

 

VG

18y

NPP 13y 6m

 

 

18y

NPP 13y 6m

 

 

 

 

Conviction AD

relatively minor - violence and alcohol related

 

more serious including dangerous act causing death

strangulation

intent kill

Strangulation of 47y male friend - offenders and victim under influence of alcohol and marijuana following funeral earlier that day for offender's brother - angered by victim's continued reference to deceased brother - perceived lack of sensitivity to aboriginal culture - various acts of degradation performed on body after death and dumped in nearby bush.

DARGIN

(24)

[2000] NSWSC 710

Ireland J

PG

19y

NPP 14y

 long history of dishonesty and violence - on bail at time of offence

assault

intent GBH

Bashed 72y female to death in her home - brutal sexual assault - initial motivation was robbery.

Aboriginal offender.

LULHAM

(35)

[2000] NSWSC 703

G.James J

 

[2006] NSWCCA 262

PG

18y

NPP 13y 6m

ADon recog at time of offences - minor record

shooting

intent kill

Co-accused shot sleeping male in head - vicious and cowardly killing - equal criminal responsibility - supplied gun and present during killing - history of resentment towards victim

Severely intoxicated at time of offences - suffering brain dysfunction – need for drug and alcohol rehabilitation.

SERRATORE

(22)

[2000] NSWSC 696

Kirby J

 

[2001] NSWCCA 123

VG

20y

NPP 14y

Conviction ADnil

assault

intent kill

Convicted of killing or arranging killing of girlfriend after she indicated intention to break off relationship - body found several days after disappearance - violent relationship.

Good prospects of rehabilitation

FORD

[2000] NSWSC 713

Barr J

 

[2003] NSWCCA 5

VG

16y

NPP 12y

ADincludes convictions for violence

stabbing

intent kill

Stabbed male in fight - angered at racist jokes and armed himself with knife before provoking fight - pursued victim persistently, making threats.

LO

(29)

(2000) 115 A Crim R 53

[2000] NSWSC 714

Barr J

 

[2003] NSWCCA 313

PG

Murder

 

Conspiracy to murder

32y

NPP 23y

 

FT 18y

 

Total:

36y

NPP 27y

ADnil

shooting

intent kill

Contract killing of tow-truck driver to pay drug debt - assisted in attempted murder by luring victim to shooter's residence - deeply in debt over drug transactions - both offences fall into worst case category. Assistance to authorities only basis for reducing life sentence – combined 28% discount

PARK

(30)

NSWSC

Sperling J

3.8.2000

 

[2003] NSWCCA 203

 

[2003] NSWCCA 142

VG

Murder

 

Murder

 

Murder

26y

NPP 19y 6m

 

FT 15y

 

FT 15y

 

(all concurrent)

Conviction AD

 

Crown AD

 

suffocation

intent kill

Suffocated wife and two infant children and dumped bodies in bushland - highly charged emotional state at time of killing.

Some remorse - admissions shortened trial - protective custody

HERON[2000] NSWCCA 312VG

MT 14y

AT 4y

ADconvictions for assault

stabbing

intent GBH

Stabbed male during drunken pub brawl.

Disadvantaged and troubled life - voluntarily surrendered to police.

OFFER

(35)

[2000] NSWSC 839

G James J

 

[2002] NSWCCA 341

PG

Murder

 

Att Murder

 

Sched:

3 x solicit to murder

34y

NPP 25y

 

FT 10y

(concurrent)

ADof little relevance

cross bow

intent kill

Attempt to kill three witnesses who were to give evidence against him in upcoming trial - offered friend money to take care of three persons - shot wife of one witness with cross bow when she answered door, causing permanent brain damage - shot dead another witness - "very highest criminality" - motivated by panic.

Protective custody - family now in Ireland.

HODGE

(18 at offence – 31 at sentence)

[2000] NSWSC 897

Dunford J

 

[2002] NSWCCA 10

VG

15y

NPP 7y

Conviction ADminor record subsequent to offence

assault

intent GBH

(1988) Picked up hitch-hiking late at night and accompanied him home for drinks – bashed victim to death with mallet when woken up by homosexual advances.

Contrition - married with young family - established successful life

TURK

(31)

[2000] NSWSC 1071

Bell J

 

[2001] NSWCCA 547

VG

18y

NPP 14y

ADpoor

stabbing

intent GBH

History of animosity and violence between offender and victim - three stab wounds to chest - angered by earlier assault committed by victim - sought him out, determined to get even.

No remorse.

ROBINSON

(17)

[2000] NSWSC 972

Adams J

 

[2002] NSWCCA 359

PG

45y

NPP 35y

AA

45y

NPP 27y

 

assault with bowling pin

intent kill

Accompanied stranger home with intention to at least assault and rob - bashed victim with bowling pin then stabbed and mutilated body.

Boasted of killing to friends - extremely dangerous and disturbed person.

ELPHICK

[2000] NSWSC 977

G. James J

 

[2002] NSWCCA 273

PG

15y

NPP 12y

ADminor

stabbing

intent kill

Stabbed de facto with boning knife in paroxysm of frustration and rage - turbulent and violent relationship - angered by victim's refusal to give up drugs and prostitution.

Egocentric with little contrition for consequences of act - hope for rehabilitation - good worker

NAISMITH

(31)

[2000] NSWSC 1024

Dunford J

VG

2 x murder

33y

NPP 25y

(each – concurrent)

 nil

assault / shooting

intent kill

Killing of two men in relation to drug dealing – one man assaulted with baseball bat – second man shot - took victims to nearby sand hills and burnt bodies - both murders planned and premeditated – not worst case.

No remorse or regret - some prospects of rehabilitation - previous good character –supportive family.

TON

(21)

[2000] NSWSC 1023

Adams J

PG

(20%)

22y

NPP 14y

  stabbingStabbed male with pocket knife attempting to apprehend offender after robbery of young female in street - offender mistakenly thought victim was a police officer.

KANE

(16 at offence - 26 at sentence)

[2000] NSWSC 1061

Barr J

 

[2001] NSWCCA 150

VG

10y 6m

NPP 8y 8m

Crown ADminor

suffocation

intent kill

(1990) With co-offender bashed male school teacher in his home with baseball bat - victim suffocated after being tied up with plastic bag taped over head - believed co-offender had been raped by victim

Retrial - return to prison particularly stressful

MCNELLEE

 

 

TUCKER

(33)

 

DALLEY

(16)

 

Co-offender:

BREWER [2001]

[2000] NSWSC 1154

Bell J

 

 

 

(2002) 132 A Crim R 169

[2002] NSWCCA 284

(Dalley)

PG

(25%)

 

VG

 

 

VG

14y

NPP 10y 6m

 

13y

NPP 9y

 

10y

NPP 6y

 

 

 

 

 

 

Conviction AD

minor

 

 

nil

 

 

nil

stabbing

common purpose robbery

Offenders involved in common purpose to rob victim of cannabis while armed with knives, mattock handle and machete - victim stabbed 21 times by fourth offender - all offenders played subsidiary role

Good prospects of rehabilitation.

BOWEN

(33)

NSWSC

Howie J

15.12.2000

PG

18y

NPP 13y 6m

 minor criminal record - two assault offence related to mental condition

assault

intent to kill

Beat caravan park manager to death with wooden baton and fire tongs in own home - requested money from victim and when met with resistance reacted with a frenzied attack - not premeditated to any significant extent.

Effected by deteriorating mental state at time - depression - aggravated by drugs and alcohol

NGUYEN

(22)

[2000] NSWSC 1177

Whealy J

PG

(15%)

Murder

 

Escape

18y

NPP 9y 6m

 

 

18m

NPP 6m

 

Total:

19y 6m

NPP 10y

 history for violence - offence committed awaiting trial for murder and manslaughter

stabbing

intent kill

Inmate stabbed to death by other inmates with scissors - over 60 wounds inflicted - spontaneous attack in retaliation for rape by victim perpetrated several weeks prior to killing.

Unhappy and deprived childhood - chronic depression.

Sentence partially concurrent to existing sentence

NSWSC, Kirby J, 29.10.1998 (murder)

NSWSC, Kirby J, 20.11.1998 (manslaughter)

Total 30y NPP 21y

VALERA

(19)

[2000] NSWSC 1220

Studdert J

 

[2002] NSWCCA 50

VG

2 x murder

LifeADnil

assault / strangulation

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.

O'GRADY

(16y 9m)

[2000] NSWSC 1255

Hulme J

VG

15y

NPP 10y

 no significant recordshooting

Led 15y male acquaintance into bush area and shot with rifle and silencer 9 times - voluntarily surrendered to police - no rational explanation for offence.

Displayed genuine remorse and shame - long history of drug abuse - desensitised to violence but no actual history of violence - impulsive - degree of depersonalisation at time of offence - general deterrence limited value