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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 - 2001-2002

NAME

(age if known)

DATE REFPLEASENTENCEAPPEALSUMMARY OF RECORDHOW KILLEDINVOLVEMENT & SUMMARY
CIKOS

[2001] NSWSC 35

Dunford J

PG

(10-15%)

3 x Murder

21y

NPP 15y 6m

(each / concurrent)

 nil

suffocation / assault

intent to kill

Killed de facto and sons aged 4 years and 18 months old - passive man who endured months of aggression and abuse at hands of dominant de facto wife - reacted to de facto's ultimatum that he kill de facto's friend by certain date.

Genuine remorse - strict protection

FOWLER

(54)

[2001] NSWSC 179

Simpson J

 

(2003) 151 A Crim R 166

NSWCCA 321

VG

16y

NPP 12y

ADnot significant

shooting

intent to kill

Involved in shooting of brother in law in 1988 - premeditated - believed victim mistreating his wife - fired at least one shot.

Prior good character - long delay due to two successful conviction appeals.

BREWER

(24)

 

Co-offenders:

MCNELLEE

TUCKER

DALLEY

[2000]

[2001] NSWSC 99

Bell J

PG

(4th day of trial)

20y 6m

NPP 15y 4m

 some prior offences

stabbing

intent to kill

Arranged to have victim lured to remote area where he was attacked by group of four men - angered by perceived drug rip off - stabbed victim several times - prime mover - formed intent to kill during attack.

Suffered physical and sexual abuse as a child - alcohol and cannabis dependence.

ROBINSON[2001] NSWCCA 180

PG

Murder

 

10 x AR

MT 15y

AT 5y

AD 

shooting

limited intent to kill

Carefully planned armed robbery of computer store - shot manager during struggle.

FERNANDO

(31)

[2001] NSWSC 294

Howie J

PG

(Head sentence reduced by 10 years)

30y

NPP 22y

 serving life sentence for murder and sexual assault

stabbing

intent to kill

Stabbed cousin in prison with scissors blade - angered by cousin's assistance to police in relation to earlier murder

PHUNG

(17)

[2001] NSWSC 357

Wood CJ at CL

PG

(25%)

Murder

 

s.97(2)

 

Sched:

2 x AR in Co

Possess unauth firearm

13y

NPP 8y

 

 

FT 3y

 

Total:

14y

NPP 9y

 some prior and subsequent offences

shooting

felony murder

With co-offender robbed two males at entertainment arcade of various personal property - used .32 calibre weapon wrapped in towel – shooting occurred during second robbery committed five hours later – shot male attempting to aid victim of robbery in chest

Deprived childhood resulting in living on streets and drug addiction at early age - no contact with any family - good rehabilitation since custody.

MATHESON

(27)

[2001] NSWSC 332

Howie J

VG

20y

NPP 15y

 little criminal record - prior assault in context of jealousy in relation to victim

shooting

intent to kill

Shot former de facto in head while she was on ground - angered victim refused to reconcile – used shortened rifle - pre-meditation.

Culpability reduced by personality disorders and depressive illness.

EBNER

(29)

[2001] NSWSC 421

Adams J

PG

(15%)

 

Sched:

Break & enter

Assault w/i to rob

18y

NPP 13y

 prior record - on bail for stealing at time of offence

Strangulation

intent to kill

Strangled female flatmate to steal heroin - hid body in wardrobe - took shot of heroin with girlfriend and attempted to sell victim's property - dumped body in nearby laneway.

Limited insight and remorse - protective custody - bleak prospects of rehabilitation.

HYLAND

(27)

 

 

 

 

PARRY

(35)

 

 

 

 

YATES

(28)

[2001] NSWSC 470

Ireland AJ

 

[2002] NSWCCA 520

VG

Murder

 

s.111(3)

 

 

Murder

 

 

s.111(3)

 

 

Murder

 

 

s.111(3)

23y

NPP 17y 3m

 

FT 11y

(concurrent)

 

26y

NPP 19y

 

FT 11y

(concurrent)

 

20y

NPP 15y

 

FT 10y

(concurrent)

Conviction and sentence AD

prior record

 

 

 

 

 

lengthy record including violence

 

 

 

insignificant record

shooting

intent to kill

Group of men forced way into residential house and terrorised occupants inside with baseball bat, revolver and shortened shotgun - occupants assaulted with bat - victim executed at close range with bullet behind ear - other occupants shown body and threatened - worst class of case but level of culpability not so extreme that community interest only met through life imprisonment

P shot victim in presence of Y

Y a follower with limited intellectual functioning and back injury.

CLARK

(36)

[2001] NSWSC 488

Barr J

 

(2001) 123 A Crim R 506

NSWCCA 494

VG

16y

NPP 12y

ADnil relevant

shooting

intent to kill

Took female acquaintance to isolated forest area and shot her three times - frustrated at victim's refusal to leave offender's mothers house and resented victim's failure to adequately perform job linked to offender's business.

Badly injured in motor cycle accident causing brain damage - physical injuries will make imprisonment more onerous.

IRANI

(31)

 

 

Co-accused: SUTESKI

[2001] NSWSC 475

Barr J

 

[2002] NSWCCA 153

PG

(40% for plea and assist)

20y

NPP 15y

ADmoderate record with no violencestabbing

Paid to assault co-offender's employer and keep him away from work for several weeks - in struggle fatally stabbed victim - carefully planned offence.

Assistance in relation to co-offender - reasonable prospects of rehabilitation - serious drug addiction

MCINTYRE

(44)

[2001] NSWSC 500

Bell J

 

[2002] NSWCCA 29

VG

22y

NPP 17y

ADnegligible

stabbing

intent to kill

Stabbed 14y boy in neck and chest - disposed of body in bushland after cutting off penis and scrotum and attempting to saw off leg - motive unclear - not premeditated.

Socially isolated lifestyle - family support.

CHEATHAM

[2001] NSWSC 580

Grove J

 

[2002] NSWCCA 360

VG

Murder

 

 

Murder

 

Wound w/i to murder

24y

NPP 16y

 

 

FT 16y

 

FT 12y

(all concurrent)

AA

22y

NPP 14y

 

FT 14y

 

FT 12y

(all concurrent)

 stabbing

Stabbed wife and 3y daughter to death and attempted to stab baby to death - believed he was suffering from AIDS and had infected family.

Protective custody because worked in juvenile justice system – retrial

BIKIC

(45)

[2001] NSWSC 571

Hidden J

 

[2002] NSWCCA 227

VG

Murder

 

Manslaughter

16y

NPP 11y

 

10y

NPP 7y

 

Total:

17y

NPP 12y

Conviction ADserious drug offence

shooting

joint criminal enterprise

Involved in assault upon two men by nine offenders - both men shot - motive not clear - unclear who fired shots – other offenders convicted of manslaughter - offender convicted of murder on basis aware of guns and contemplated their use with requisite intent for murder - convicted of manslaughter on basis shot fired after provocation.

Serbian - supportive of sister and her family - pre-sentence custody and stringent bail conditions - high risk prisoner while on remand.

(Co-offenders - PUTA & ORS [2001] NSWSC 225)

BALLANGARRY

(28)

[2001] NSWSC 642

Sully J

PG

(15%)

17y

NPP 11y

 prior convictions for assault

assault

at least intent GBH

Bashed female to death during argument about her relationship with another man - smashed victim's head against tiled verandah, and stomped on her head several times.

Aboriginal male - mild developmental disability - head injuries and alcohol induced brain damage - intoxicated at time of offence - sad and deprived background - remorse.

PATERSON

(2001) 125 A Crim R 252

[2001] NSWCCA 368

PG

(approx 10%)

Murder

 

Arson

22y

NPP 17y

 

 

FT 4y 6m

 

Total:

24y

NPP 19y

AD shootingShot victim - removed head, arms and hands - burned removed parts in heating appliance - buried body, then placed it in garbage bin in river.

WRIGHT

(25)

[2001] NSWSC 1050

Adams J

PG

Murder

 

Sched:

Aggravated rob with wounding

22y

NPP 15y 6m

  stabbing

Stabbed middle aged woman in own home - broke into home intending to rob victim - killed victim to prevent identification - previously worked for victim and husband - premeditated, cowardly and brutal attack.

Troubled childhood - some prospects of rehabilitation - relative immaturity

MAXWELL[2001] NSWCCA 362VG

MT 10y

AT 6y

ADinsignificantshooting

Shot estranged wife outside child care centre.

Obsessional, discursive, narcissistic and suspicious personality traits - in marked distress at time of killing.

GOSLING

(18)

[2001] NSWSC 850

Howie J

 

[2002] NSWCCA 351

VG

16y

NPP 12y

Conviction ADon bond for assault on father

shooting

intent GBH

Shot dead victim during attack with three co-offenders as pay back for alleged insulting behaviour of victim towards mother of one co-offender - culpability somewhat reduced by mental disorder - manipulated by co-offender

WHITFIELD

(17)

[2001] NSWSC 876

Adams J

 

[2002] NSWCCA 501

VG

20y

NPP 13y

Conviction and sentence ADlengthy criminal record

stabbing

intent GBH

Went armed with knives to victim's house with three others to commit robbery - stabbed victim three times probably in panic to escape.

Disturbed and troubled childhood displaying early signs of behavioural difficulties - aboriginal.

SAARI

(42)

[2001] NSWSC 892

Adams J

PG

(25%)

16y

NPP 12y

 alcohol related motor vehicle offences

shooting

intent GBH

At social gathering shot male friend - drunk and angered by break down of de facto relationship - element of disordered thinking - expected victim to react to threat to shot - also held unfounded belief victim had stolen from de facto

Alcohol abuse - from severely dysfunctional family - remorse

KANAAN

(26)

[2001] NSWSC 959

Greg James J

 

(2005) 157 A Crim R 238

[2005] NSWCCA 385

VG

2 x Murder

 

Mal wounding with intent

LifeADminor

shooting

intent to kill

Became involved in minor altercation outside hotel - stepped out of car and shot three male strangers - no provocation - comments immediately following shooting demonstrated no remorse and continued dangerousness - heinous nature of offence demonstrating callous and ruthless attitude to human life and level of dangerousness of offender.

No explanation in background of offender for brutal behaviour - no prospects of rehabilitation

HURLEY

(32)

[2001] NSWSC 1007

Levine J

VG

18y

NPP 13y 6m

 nil

assault and stabbing

intent to kill

Visited estranged de facto wife - assaulted her with wooden tool handle and hammer and stabbed her twice in chest.

Some history of mental disorder - profoundly affected by death

KNIGHT

(51)

[2001] NSWSC 1011

O'Keefe J

 

(2006) 164 A Crim R 126

[2006] NSWCCA 292

PGLifeADnil

stabbing

intent to kill

Female offender - pre-meditated murder of de facto husband - stabbed victim at least 37 times inside home - mutilated body - gruesome nature of offence placed it in most serious category.

History of violence - offender enjoyed horrific mutilation - suffering incurable borderline personality disorder - no prospects of rehabilitation - continuing dangerousness to society.

SYMSS

(24)

[2001] NSWSC 1037

Howie J

 

[2003] NSWCCA 77

VG

Murder

 

Rob w/ wounding

 

LMV

22y

NPP 16y 6m

 

FT 5y

 

 

FT 2y

(all concurrent)

Conviction ADpriors including armed robbery

suffocation

intent to kill

Suffocated 73y female in own home during robbery - attempted to stab victim in neck

No remorse

TOKI

(34)

[2001] NSWSC 1036

Howie J

 

[2003] NSWCCA 125

VG

24y

NPP 18y

AA

22y

NPP 16y 6m

lengthy criminal record including assault

assault

intent to kill

Beat de facto wife to death using piece of wood - extensive injuries inflicted - history of repeated violence against victim - loss of self-control

Genuine remorse - born in Cook Islands

NGO

(43)

(2001) 125 A Crim R 495

[2001] NSWSC 1021

 

(2003) 57 NSWLR 55

[2003] NSWCCA 82

 

[2013] NSWCCA 142

VGLife

Conviction AD

 

 

 

 

 

 

 

 

 

Sentence AD

nilshooting

Arranged for shooting of politician - gunned down outside house - motivated by political ambition - several prior attempts made - long period of planning

Vietnamese - evidence of good community work as Deputy Mayor and honourary president of Mekong Club - model prisoner - on protection

BADANJAK

(53)

[2001] NSWSC 1041

Greg James J

 

[2004] NSWCCA 395

PG

(15%)

16y

NPP 12y

ADprior record for violence against wife

stabbing

intent to kill

Stabbed wife with kitchen knife - frenzy occasioned by anger - history of violence within relationship.

Some cognitive defects - Croatian - estranged from family

BOND

(51)

[2001] NSWSC 1059

James J

VG

30y

NPP 25y

 substantial - on parole at time of offence for manslaughter of female

stabbing

intent to kill

Stabbed 30y girlfriend three times at her home - not premeditated - no apparent motive - no history of violence in relationship - not pre-armed - severe attack

Previous manslaughter of female a significant aggravating circumstance.

DAVENPORT

(39)

[2001] NSWSC 1083

Bell J

VG

15y

NPP 11y 3m

 drugs

stabbing

intent GBH

Stabbed friend once following drunken fight.  Relationship characterised by frequent aggressive episodes during drinking bouts - alcohol addiction.

CARTER

(28)

[2001] NSWSC 1119

Howie J

VG

18y

NPP 13y 6m

 nilmotor vehicle

Following altercation at party with B ran car into group of people - hit female standing next to B - intoxicated.

Handed himself to police – remorse - stable employment and relationship.

JOINER

(37)

[2001] NSWSC 1163

Whealy J

 

(2002) 133 A Crim R 90

[2002] NSWCCA 354

VG

18y

NPP 13y 6m

Conviction ADnil

assault

intent GBH

Viciously assaulted wife during argument – death caused by kicking or striking head with rock - abandoned body in boot of car on street - Relationship characterised by violence on part of offender

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 GBH

Taxi driver attacked after attempting to prevent offenders running off - kicked, punched and stomped for over 10 minutes.

Genuine contrition and remorse- good prospects of rehabilitation

HELMAN

(36)

[2001] NSWSC 1127

Kirby J

PG

15y

NPP 11y

 little historyassault

Assaulted male acquaintance with metal bar while he was watching TV - multiple blows - had developed unfounded belief victim was a paedophile - affected by drugs and sensitivity to issue

Remorse

SCHREIBER

(21)

[2001] NSWSC 1184

Hidden J

PG

(20%)

16y

NPP 12y

 armed robbery

assault

intent to kill

Attacked victim in own bed with poker and tomahawk - used knife to further mutilate body - believed victim sexually abused son and granddaughter - urged to commit offence by victim's daughter

Disturbed mental state - reasonable prospects of rehabilitation.

PRIOR

[2002] NSWSC 56

Grove J

PG

(20%)

16y

NPP 12y

 prior convictions for drug offencesassault and strangulation

Bashed and strangled estranged wife to death when she ended relationship - buried in shallow grave.

Serious and long term drug addiction

HUNT

(69)

[2002] NSWSC 66

Dowd J

 

[2003] NSWCCA 301

VG

14y

NPP 10y

Conviction ADminor

stabbing

intent to kill

Chased girlfriend through caravan park and stabbed her many times - volatile relationship due to alcohol - some degree of forethought - some degree of loss of control through drugs and alcohol

Aboriginal - health problems including significant hearing loss- age - remorse - borderline intellectual impairment

EZOLD

(19)

 

 

Co-accused:  FARRELL

[2002] NSWSC 129

Barr J

VG

16y

NPP 12y

 nil

assault and drowning

intent to kill

Group assault on male acquaintance - led group to place of assault and struck first blow with bottle - victim drowned by co-offender - planned offence - under strong and brutal influence of co-offender

Genuine remorse - evidence of rehabilitation

MILES

(27)

[2002] NSWSC 84

Hidden J

 

[2002] NSWCCA 276

PG

25y

NPP 19y

Crown AA

Life

murderstabbing

Serving jail sentence for murder of girlfriend in 1990 when 18 years of age - escaped from prison to be with new girlfriend - found her with another male - stabbed her in presence of her children.

Had been model prisoner.

KRAAYMAAT

(40)

[2002] NSWSC 199

Howie J

VG

18y

NPP 15y

 lengthy record - including possession of firearm with intent to kill

stabbing

intent to kill

Stabbed acquaintance three times in chest while drinking one evening - drove body to isolated area and dumped it on side of road - no evidence as to motive - unpremeditated - loss of temper while intoxicated

Long history of alcohol abuse - some elements of remorse and contrition - low prospects 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

21y

NPP 15y 9m

 

FT 5y

 

 

FT 3y

 

 

FT 3y

 

 

12y

NPP 6y

 

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 – while in custody on remand attempted to arrange murder of Crown witness.

Disturbed childhood - exposed to serious criminal activity of father at early age - heavy drug use - totality

COLLISSON

(31)

[2002] NSWSC 229

Whealy J

 

(2003) 139 A Crim R 389

[2003] NSWCCA 212

VG

24y

NPP 18y

Conviction ADno history involving violence

shooting

intent to kill

Shot young male stranger enjoying evening with girlfriend in park - 4-5 shots - robbery gone wrong

TRAN

(16 at offence / 22 at sentence)

 

 

 

Co-offenders:

PHAM

NGUYEN

[2002] NSWSC 394

Sully J

PG

Murder

 

Unlawfully imprison

14y

NPP 9y

 

FT 12m

(concurrent)

 no criminal history

shooting

intent to kill

(1996) Involved in gang - agreed to shoot victim for older friend - took victim to oval at night and shot him four times - degree of coercion and manipulation

Subsequently assaulted and moved interstate with girlfriend and baby daughter - established new life  - 4 year delay - excellent work record - good prospects of rehabilitation - genuine remorse - assistance - protective custody

P PHAM

(18 at offence)

 

 

NGUYEN

(17 at offence)

 

 

 

 

Co-offender:

TRAN

[2002] NSWSC 1261

Sully J

VG

 

 

 

VG

16y

NPP 11y

 

 

17y 38w

NPP 11y 38w

(cumulative to existing sentences – see facts)

 

record unclear but not significant

 

appalling record for violence - includes murder and manslaughter

shooting

intent to kill

(1996) Execution in context of gang involvement - victim taken to oval by offenders at night and shot four times by co-offender

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: [2000] NSWSC 1177

Total sentence 31y NPP 25y

FARRELL

(19)

 

 

 

Co-accused:  EZOLD

[2002] NSWSC 375

Barr J

VG

18y

NPP 13y 6m

 nil relevant

assault

intent to kill

With co-offenders bashed to death victim on deserted beach - group of homeless young people who had made "pact" to kill victim - had consumed alcohol and LSD - premeditated

Deprived background.

KIRKMAN

(31)

[2002] NSWSC 1133

Bell J

VG

18y

NPP 13y 6m

 history of assaults

stabbing and assault

intent to kill

With co-offender drove male to bushland with intention to fight and teach him a lesson - during fight formed intent to kill

Remorse – de facto relationship with 4 children - above average prospects of rehabilitation - strict protection - assistance against co-offender

SUTESKI

(23)

 

 

 

 

 

 

 

Co-accused:

IRANI

(2002) 129 A Crim R 559

[2002] NSWSC 457

Kirby J

 

(2002) 137 A Crim R 371

[2002] NSWCCA 509

VG

Murder

 

PG

8 x s.178BA

 

s.178BA

 

Sched:

68 x s.178BA

22y

NPP 16y

 

4y

NPP 3y

 

FT 3y

 

Total:

24y

NPP 18y

ADnil

stabbing

accessory before the fact

intent GBH

Female accounts clerk committed extensive frauds upon company - paid co-offender to injure supervisor to keep him away from work - assisted on night of killing - victim stabbed to death - agreement to inflict gbh - weapons discussed

Committed earlier frauds on different company - no charges when father repaid money

KALACHE

(22)

[2002] NSWSC 507

Dowd J

VG

22y

NPP 17y

 lengthy

shooting

intent to kill

Arranged meeting with victim at park - shot him 5 times - no evidence of motive or animosity - cold, callous killing

Little prospects of rehabilitation - no attempt made to overcome drug addiction

MARTIN

(23)

[2002] NSWSC 577

Barr J

PG

(10%)

16y

NPP 12y

 included assaults on victim

assault

intent to kill

Assaulted ex de facto wife - motivated by jealousy - previously made threats to kill - offence committed within 24h of being released after serving sentence for assaults on victim.

Aboriginal with deprived childhood resulting in early alcohol abuse - feared retribution in custody - some prospects of rehabilitation

TNT

(16 at offence / 22 at sentence)

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

MHN (1998)

[2002] NSWSC 537

Hidden J

PG

(combined 50%)

10y

NPP 6y

 

(cumulative to existing sentences – see facts)

  

stabbing

accessory

(1996) With 2 co-offenders took 18y victim from coffee shop to nearby street and assaulted him – victim tied up in house then taken to garage - further assaults committed in garage - victim stabbed in throat by co-offender in absence of offender

Disturbed childhood - at time of killings involved in gang and under influence of co-offender - subsequent to killings left gang and seriously assaulted - moved interstate with pregnant girlfriend - evidence of good character - volunteered guilt - assistance to authorities

Sentenced one month earlier for unconnected murder committed 8 days earlier:

Tran [2002] NSWSC 394

Total Sentence: 23y 3m NPP 14y 3m

CHAN

(19)

[2002] NSWSC 544

Ireland AJ

VG

14y

NPP 9y

 nilshooting

Shot service station operator in chest after victim had verbal exchange with offender's friend

Substantial impairment 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

PHAM

(17)

[2002] NSWSC 567

Hulme J

 

[2005] NSWCCA 9

VG

25y

NPP 20y

AA

20y

NPP 16y

record not serious but displayed contempt for lawshootingShot drug dealer in car three times - motive unclear - not satisfied offender entered car with weapons - satisfied offender and friend agreed to kill if circumstances warranted course - cold-blooded execution of business associate

KANAAN

(23)

 

 

 

MAWAS

(21)

 

 

EL ASSAAD

(21)

[2002] NSWSC 774

Wood CJ at CL

 

 

[2006] NSWCCA 109

VG

 

 

 

 

VG

 

 

 

VG

Life

 

 

 

 

25y

NPP 19y

 

 

24y

NPP 18y

AD

 

 

 

 

AD

 

 

 

AA

22y

NPP 16y 6m

Serving life sentence for 2 murders - breached bond

 

lengthy but relatively minor - no violence

 

lengthy - mostly motor vehicle - no violence

shooting

intent to kill

Accessory before fact

Gangland killing of notorious and vicious principal in extensive criminal organisation involved in drugs and protection by associates – victim gunned down in car by K and M - E acted as lookout, advising shooters of victim's movements - motive was to improve offender's own criminal activities - use of firearms an aggravating circumstance

K - Principal - hardened criminal

M - Reacted badly to death of mother at 16y - suicidal and drug addiction - follower not initiator

E - Close family - exposed to anarchy and violence in Lebanon - prospects of rehabilitation - Immaturity

FYFFE

(33)

 

 

 

 

Co-offender: HORE

[2002] NSWSC 751

Barr J

 

[2005] NSWCCA 3

VGLifeADlengthy recordassault

Carefully planned execution of fellow prisoner in prison - sandstone block dropped on head of victim several times- extensive and horrendous injuries - 3 offenders involved although cannot identify precise role of each - no evidence as to motive

Deprived and cruel childhood

HORE

(34)

 

 

 

 

Co-offender: FYFFE

[2002] NSWSC 749

Barr J

 

[2005] NSWCCA 3

VGLifeADmurder - poor prison record - continued violenceassault

Carefully planned execution of fellow prisoner in prison - sandstone block dropped on head of victim several times- extensive and horrendous injuries - 3 offenders involved although cannot identify precise role of each - no evidence as to motive

Anti-social personality traits

HOLTON

(25)

[2002] NSWSC 775

Davidson AJ

 

[2004] NSWCCA 214

VG

Murder

 

Sched:

5 lesser offences

16y

NPP 12y

Crown ADextensive, although nothing as serious

driving

reckless indifference

While driving stolen vehicle passenger committed bag snatch - subsequently became involved in high speed police pursuit - struck police officer attempting to stop car by placing road spikes and stick on road

Troubled childhood - sexually assaulted – remorse

MTN

(17)

[2002] NSWSC 1160

O'Keefe J

VG

Murder

 

PG

Mal wound

 

Affray

16y 6m

NPP 11y

 

 

FT 3y

 

FT 12m

 

Total:

17y 6m

NPP 12y

 not relevant

stabbing

intent GBH

(1997) Gang attack on 2 victims outside amusement centre - mistakenly believed victim belonged to gang responsible for assault on friend – one victim stabbed in shoulder - second victim stabbed in heart - leader of attack

Remorse - married with one child - borderline intelligence - good prospects of rehabilitation - disturbed background

SLD

(13y 10m)

[2002] NSWSC 758

Wood CJ at CL

 

(2003) 142 A Crim R 503

[2003] NSWCCA 310

PG

20y

NPP 10y

AD 

stabbing

intent to kill

Broke into neighbouring home at night and abducted 3y sleeping girl - removed clothes and stabbed her in chest once - discarded body in long grass - misled police during inquiries - callous and cold-blooded killing - motive unclear

Seriously affected by background of upheaval, abuse and lack of emotional support - intellectual and speech disability and dysmorphic appearance - sexually abused by half-brother - disturbed individual - history of aggressive and unacceptable behaviour - significant level of future dangerousness, although difficult to assess at this stage

SOUTHAMMAVONG

(23)

[2002] NSWSC 854

Buddin J

 

[2003] NSWCCA 312

VG

Murder

 

Mal wound w/i GBH

19y

NPP 14y

 

FT 8y

 

Total:

21y

NPP 16y

Conviction ADminor

shooting

intent to kill

Involved in long running argument with acquaintances at home of victim - tension escalated into confrontation outside house - shot victim at close range in head and abdomen - several other men shot and injured by offender and co-offender - intent formed immediately before offences

Laotian parents - disrupted and abusive childhood - excellent behaviour in custody

KATARZYNSKI

(33)

[2002] NSWSC 924

Howie J

 

[2005] NSWCCA 72

VG

24y

NPP 18y

AA

20y

NPP 15y

nil

shooting

intent to kill

Verbal confrontation with victim in hotel - victim assaulted offender - upon leaving hotel offender beckoned to victim then shot him three times - premeditated

Uncharacteristic behaviour - remorse

YEO

[2003] NSWSC 315

James J

 

[2005] NSWCCA 49

VG

24y

NPP 18y

ADnil

shooting

intent to kill

Female offender - commenced relationship with victim while working as nurse in psychiatric hospital – victim was a patient at hospital – relationship soured - shot victim in head and neck – body dismembered and disposed of

KRSTEVSKI

(25)

[2002] NSWSC 977

Kirby J

VG

24y

NPP 18y

 minor fraud offences

assault

intent to kill

Assaulted employer with heavy metal object - instant death - intended to cover up fraud and commit further fraud - premeditated offence

LAMB

(22)

 

 

THURSTON

(25)

[2002] NSWSC 1025

Dunford J

 

[2004] NSWCCA 98

(Thurston)

VG

 

 

 

VG

18y

NPP 13y 6m

 

 

17y

NPP 12y 9m

 

 

 

 

AD

lengthy history for violence

 

 

lengthy history for violence

assault

Step brothers attacked male in park intending to steal wine and cash - savage kicking and stomping - L slightly more culpable

Aboriginals with deprived background - extensive history of drug and alcohol abuse

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

 

 

FT 6m

(concurrent)

 

nil

 

 

no violence

stabbing

intent to kill

McL angered by sexual affair between SJB (female) and victim -agreed to stab victim - 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

TAYLOR

(23)

[2002] NSWSC 1139

Whealy J

 

[2003] NSWCCA 194

VG

18y

NPP 14y

ADno significant history

shooting

intent to kill

Became emotionally volatile after girlfriend broke off relationship - angered by finding victim at girlfriend's house - took gun and during subsequent confrontation shot victim twice, once in back - not premeditated - extremely troubled state of mind

Previous history of violence and threats

MERRITT

(30)

[2002] NSWSC 1159

Greg James J

 

(2004) 146 A Crim R 309

[2004] NSWCCA 19

PG

(15% on appeal)

3 x Murder

Life

AA

24y

NPP 18y

 

24y

NPP 18y

 

24y

NPP 17y

 

Total:

34y

NPP 27y

minor

suffocation

intent to kill

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

Insufficient weight given to depressive state – sentence patterns show life not imposed in cases of parents murdering children.

MEHMET

(38)

[2002] NSWSC 1154

Bell J

 

[2004] NSWCCA 24

VG

18y

NPP 13y 6m

AD 

stabbing

Intent to kill

During argument with estranged wife stabbed her in chest 7 times - attempted to clean up scene - some degree of provocation and loss of self-control – unpremeditated

Uncharacteristic behaviour

SIEVERS

(58)

[2002] NSWSC 1257

Sully J

 

(2004) 151 A Crim R 426

[2004] NSWCCA 463

VGLifeADserious record for violence - shooting murder of estranged wife

stabbing

intent GBH

Stabbed de facto wife during argument - disposed of body in country - volatile and violent relationship - element of provocation

Protective custody - health problems - disturbed and violent childhood - personality disorder making him dangerous in domestic situations involving extreme stress

PETERS

(32)

[2002] NSWSC 1234

Wood CJ at CL

PG

(15%)

2 x Murder

 

Sched:

6 x s.178BA(1)

17y

NPP 9y

(each)

 

Total:

21y

NPP 13y

 relatively minor record

stabbing

intent to kill

Killed homosexual lover by stabbing in neck - mutilated and disposed of body - used credit card to withdraw money - 6 months later stabbed to death new lover - decapitated body found in bath - on both occasions badly affected by drugs - element of provocation - Battered Woman's Syndrome - not premeditated - mutilation done after killing

Borderline personality disorder - infected by HIV by first partner - manipulated by both partners - low risk of re-offending provided remain drug free - significant reduction in life expectancy

ELETER

(24)

[2002] NSWSC 1224

Dunford J

PG

(20%)

 

Sched:

Agg AR

18y

NPP 13y 6m

 common assault and mal damage to property

shooting

reckless indifference

With group attended brothel to take revenge for earlier fight between brother and worker at brothel - during argument fired 10 shots at window killing person in office area

 

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