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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 - 2011-2012

Standard non-parole period (offences on or after 1.2.2003)

Where the victim was a police officer, emergency services worker, correctional officer, judicial officer, health worker, teacher, community worker, or other public official, exercising public or community functions and the offence arose because of the victim's occupation or voluntary work - 25 years

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 

Name
(age if known)

Date RefPleaSentenceAppealSummary of RecordHow KilledInvolvement & Summary

BELDON

(34)

[2011] NSWSC 112

Barr AJ

 

[2012] NSWCCA 194

PG

(10%)

24y

NPP 16y

ADlengthy

Stabbed

Intent GBH

SNPP 20 years

Stabbed male occupier of upstairs flat during argument over drugs – both affected by drugs at time of killing – spontaneous offence with no premeditation – below mid-range

Pleaded on day of trial – long history of drug abuse and mental instability

LANE

(21 at offence -  36 at sentence)

[2011] NSWSC 289

Whealy J

 

[2013] NSWCCA 317

VG

Murder

 

3 x False swearing

18y

NPP 13y 5m

 

9m

(concurrent)

Conviction ADnil

Unknown

Intent to kill

(1996) Mother disposed of 2-day old daughter – body never found and no information as to circumstances of or motive for killing – killing relatively spontaneous – suffering disordered personality - false swearing offences related to false information contained in affidavits used for adoption of other children – birth of daughter and two other children kept secret from friends and family

Strong character testimonials – rehabilitation – mother to 9y daughter – low level of protective custody

CENICCOLA

(72)

[2011] NSWSC 302

Harrison J

VG

22y

NPP 16y

 Nil significant

Shooting

Intent to kill

SNPP 20 years

Shot dead 66y male neighbour at back door of farming home – dispute over boundary fence – shooting followed period of harassment by offender of victim and wife – attended house with intent to kill

Offence out of character

WILLIAMS

(23)

[2011] NSWSC 583

Schmidt J

 

[2012] NSWCCA 172

PG

(25%)

21y 9m

NPP 16y 3m 23d

ADnil

Assault and asphyxiation

Intent to kill

SNPP 20 years

Became angry with ex-girlfriend while talking late at night – motive for killing not established - strangled victim, struck her with a shovel and buried her near lagoon – spontaneous offence – just above mid-range

Assistance in relation to offence – remorse – good prospects of rehabilitation – long term alcohol and cannabis user – offence out of character

NGUYEN

(26)

 

 

 

 

 

 

 

LUONG

(18)

 

 

Co-offender:

TVN (2014)

[2011] NSWSC 562

McCallum J

VG

2 x Murder

 

 

 

 

 

 

PG

(10%)

2 x Murder

25y 6m

NPP 18y

(each)

 

Total

30y

NPP 22y 6m

 

24y

NPP 17y

(each)

 

Total

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

CHRISTIANSEN

(42)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

TRAN [2011]

[2011] NSWSC 840

Latham J

PG

(30%)

Murder

 

PG

(45%)

Poss shortened firearm

 

Supply lge comm qty

 

Supply comm qty

 

Sched:

21 offences

21y

NPP 15y 3m

 

 

 

 

FT 1y 8m

 

 

 

6y 7m

NPP 5y

 

4y 5m

NPP 2y 2m

 

Total:

22y 3m

NPP 16y 6m

 Nil relevant

Shooting

Intent to kill

SNPP 20 years

Shot dead male during discussion over drug debt – attended house to provide protection for drug dealer aware may be required to kill victim – made preparations for storage of body – disposed of body at sea – stored 2985g methylamphetamines in storage unit – also in possession of numerous guns and 327.58g of cocaine – murder in upper range of severity

Remorse - assistance

THOMPSON

[2011] NSWSC 1130

Rothman J

PG

(discount at highest level)

20y

NPP 14y

 Nil relevant

Shooting

Felony murder

SNPP 20 years

Shot dead drug dealer during robbery – arranged meeting in secluded area armed with loaded and shortened shotgun – planned robbery – stole drugs, money and mobile phone – disposed of body and gun.

Drug addiction

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 – issue at trial was substantial impairment, provocation and self defence

Suffering schizophrenia – regular user of marijuana and alcohol – voluntary surrender to police – remorse – prospects of rehabilitation

MARTIN

(27)

[2011] NSWSC 1189

Kirby J

VG

Murder

 

s.35(4)

 

Assault

20y

NPP 15y

 

2y

NPP 18m

 

FT 6m

 

Total:

21y

NPP 16y

 Lengthy record

Stabbing

Intent GBH

SNPP 20 years

Unprovoked stabbing of male strangers in hotel car park – frustrated when attempt to leave in car blocked by other patrons leaving – first stabbing superficial – second stabbing fatal -– stopped car and punched third male on way home – no premeditation – below mid-range

Difficult and traumatic childhood

SHEATHER

(42)

[2011] NSWSC 1239

Hoeben J

PG

(10%)

20y

NPP 15y

 No significant record

Stabbing

Intent GBH

SNPP 20 years

Unplanned and unprovoked stabbing of male during drinking session in offender's home – offender heavily intoxicated –spontaneous and inexplicable rage - single stab wound – below mid-range

Remorse – prospects of rehabilitation linked to alcohol abuse

RYAN

(51)

 

COULTER

(72)

 

Co-Offender: BROOKS [2012]

[2011] NSWSC 1249

Latham J

 

[2013] NSWCCA 175

VG

36y

NPP 27y

 

27y

NPP 18y

AD

 

 

AD

Nil

 

 

Nil

Shooting

Intent to kill

SNPP 20 years

Female offenders (daughter and mother) - R paid $30,000 to have husband shot dead by hit man - $10,000 knowingly provided by C (R's mother) – angered by breakdown in marriage and financial loss – close to worst category –C genuinely believed R had been physically assaulted by victim

BIDDLE

(60)

[2011] NSWSC 1262

Garling J

 

[2017] NSWCCA 128

VG

27y

NPP 18y

ADnil

Assault

Intent to kill

SNPP 20 years

Assaulted wife with iron bar – covertly entered house and struck wife from behind – sustained assault – angered by recent separation due to offender's extra martial affair – above middle range

Good prospects of rehabilitation

McKENZIE

[2011] NSWSC 1460

Schmidt J

PG

(25%)

14y 3m

NPP 10y

 Nil

Smothering

Intent to kill

SNPP 20 years

Smothered wife during argument – evidence of struggle – no premeditation – no provocation

No history of domestic violence – suffering depression as a result of health issues - remorse

TRAN

 

 

 

 

 

Co-offender:
CHRISTIANSEN [2011]

[2011] NSWSC 1480

Rothman J

PG

(7.5%)

20y

NPP 15y

 Not lengthy

Shooting

Joint criminal enterprise

SNPP 20 years

Arranged for co-offender to provide protection during discussion over drug debt – contemplated possibility of killing – aware of violent reputation of victim who produced gun at meeting – helped move body and arranged clean-up of scene – slightly above mid-range – less than co-offender

Good prospects of rehabilitation - remorse

KIRCHNER

[2011] NSWSC 1516

Schmidt J

PG

(combined discount 45%)

8y 9m 18d

NPP 6y

 Minor offences

Shooting

Aid and abet

SNPP 20 years

Victim shot by friend – offender worked for co-offender in lawn mowing business and knew shortly before offence that co-offender was planning to shoot victim – offender present at shooting and helped bury body in bushland.

Drug abuse from young age – remorse.

Co-offender given limiting term

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

FILIPPOU

(54)

[2011] NSWSC 1607

Mathews AJ

 

[2013] NSWCCA 92

VG

Murder

 

Murder

26y

NPP 20y

 

26y

NPP 20y

 

Total

31y

NPP 25y

ADOld record – most recent offence involved neighbourhood dispute

Shooting

Intent to kill

SNPP 20 years

During confrontation with neighbours shot two brothers – shot one victim twice – origin of gun unclear – not premeditated – ongoing neighbourhood dispute – mid-range offence

COUSENS

(40 at offence – 61 at sentence)

[2011] NSWSC 1375

RS Hulme J

VG

18y

NPP 14y

 Short record including violence

Shooting

Intent to kill

(1990) – shot dead male friend and left body in bush – probably motivated by jealously at relationship between victim and offender's wife – delay in charging

KJS

(36)

[2011] NSWSC 1690

Hidden J

 

[2013] NSWCCA 132

VG

20y

NPP 15y

Conviction ADnilAssault

SNPP 20 years

Bashed wife to death in bedroom with plumber's tool – angered by indication from victim she accepted daughter's allegation of long term sexual abuse at hands of offender – argued over prior weekend

Good character – no history of violence – offered to plead guilty to manslaughter (provocation)

COTTERILL

[2012] NSWSC 89

McCallum J

PG

(15%)

Murder

 

Escape

22y

NPP 16y

 

 

FT 6m

 

Total:

22y

NPP 16y 6m

 Offences of violence

Stabbing

Intent to kill

SNPP 20 years

Stabbed 19y female in her own home during day– prolonged attack - 27 stab wounds – confronted by victim after entering house with intention to steal – not premeditated

Escaped from prison van several days after arrest by faking self-harm – ran six metres before shot in pelvic region and leg

Dysfunctional childhood – severely disturbed as child and adolescent – violent and poor impulse control

FAHDA

(21)

[2012] NSWSC 114

Harrison J

 

[2013] NSWCCA 86

VG

20y

NPP 14y

Crown ADNil significant

Shooting

Intent to kill

SNPP 20 years

Shot male acquaintance seven times while sitting in car at service station after chance encounter – part of feud involving several – brother of victim charged (then acquitted) of soliciting murder of brother of offender – degree of provocation – unpremeditated – offence committed in front of offender's wife and children – mid-range objective gravity

Violent and difficult childhood with sexual abuse and family mental health issues – developed severe psychiatric illness after brother killed in context of very low intelligence – protective segregation

LAMBERT

(29)

[2012] NSWSC 94

Grove AJ

VG

24y

NPP 18y

 Nil relevant

Assault

At least intent GBH

SNPP 20 years

Assaulted flat-mate with drum kit – victim essentially defenceless – motive for and circumstances of offence not known - disposed of body and attempted to clean up scene

DEBS

(42 at offence)

[2012] NSWSC 119

RS Hulme J

VGLife Lengthy – serving life sentences for subsequent murders in Victoria

Shot

Intent to kill

(1995) Shot female prostitute in head after having sexual intercourse in remote area – no sign of struggle – demonstrates inhumanity and cold bloodedness – no normal or rational motive - an exercise of power or for some thrill or satisfaction

Debs [2003] VSC 30 – two police officers in 1998

Debs [2007] VSC 220 / [2008] VSCA 240 – killing of prostitute in similar circumstances in 1997

MARSH

(49)

[2012] NSWSC 208

Price J

 

[2015] NSWCCA 154

VGLifeADNil

Stabbing

Intent to kill

SNPP 20 years

Top of range - developed animosity towards victim when working under her supervision as a nurse in hospital – later believed unable to obtain further work because victim did not provide helpful references – meticulously planned and practiced murder – turned off electricity and waited until victim returned home – grabbed victim from behind, slashed throat and stabbed in chest – cruel, sustained and brutal attack – left victim for dead – took steps to dispose of evidence

US marine – concerned would be forced to leave country if could not obtain further work – further feared would be forced to return to America to pay child maintenance – history of traumatic brain injury had no causal connection to offence

NEAVE

(41)

[2012] NSWSC 229

RS Hulme J

VG

17y

NPP 13y

 Nil relevantStabbing

SNPP 20 years

During argument punched girlfriend in face and attacked her with knife – en route to hospital to treat hand wounds stabbed girlfriend multiple times – concealed body in shed – subsequent self-inflicted injuries – capacity to control self and understand events substantially impaired

Long term sufferer of depression – offered to plead to manslaughter

ISKANDAR

(19)

 

 

 

Co-offender:
ISKANDAR [2012]

[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 took 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

PERISH

(42)

 

 

 

 

 

LAWTON

[2012] NSWSC 355

Price J

 

[2016] NSWCCA 89

VG

Murder

 

Conspiracy murder

 

 

VG

Murder

 

Conspiracy murder

24y

NPP 18y

 

14y

NPP 10y 6m

(concurrent)

 

20y

NPP 15y

 

10y

NPP 7y 6m

(concurrent)

Conviction AD

Attempt dissuade witness from giving evidence; no violence

 

 

Not significant

Died while in boot of car

(2001) victim killed and body dismembered - offenders believed victim killed grandparents of Perish brothers and was police informer against Motorcycle Club of which one offender a member - recruited others to abduct victim in vehicle and bring to location where victim would be killed by offenders - victim died en route - sentenced on basis victim already died before arrival at location

P - mastermind behind elaborate plan - recruited others – co offenders followed his directions – motivated by revenge for killing of grandparents - lessens need for personal deterrence and protection of community – supportive family

L - intention to kill and to participate in dismemberment of body – not engaged in planning of offence – supportive family

Co-offender Perish sentenced for conspiracy to murder

HOBLOS

(27)

[2012] NSWSC 454

Grove J

 

[2014] NSWCCA 20

VG

28y

NPP 21y

Conviction AD 

Shooting

Intent to kill

SNPP 20 years

One of three offenders involved in shooting of male victim at party – two offenders entered party – one offender shot victim point blank range then both left in car driven by third offender – execution murder – unable to identify role of offender – equal culpability – motive unknown

RICHARDSON

[2012] NSWSC 521

McCallum J

 

[2013] NSWCCA 218

VG

28y

NPP 21y

ADAssault

Unknown

Intent to kill

SNPP 20 years

Killed girlfriend – circumstances of killing unknown – troubled relationship – prior assault – body dismembered into small parts with circular saw -  body parts found 6 months later in garbage bags hidden under bush – forced victim to phone bank asking for new bank card so offender would have access to bank account after victim's death.

Little remorse – little prospect rehabilitation – schizoid personality – depression – ill-health.

BROOKS

(48)

 

Co-offenders :

RYAN [2011]

COULTER [2011]

[2012] NSWSC 505

Fullerton J

VG

38y

NPP 28y 6m

 MinorShooting

SNPP 20 years

Contract killing – paid $15,000 to kill husband of co-offender – shot victim in back at victim's farm at night – close but not worst category – not sophisticated – minimal planning - parity

Drug use – psychiatric problems

DA-PRA

(48)

[2012] NSWSC 607

RS Hulme J

 

[2014] NSWCCA 211

VG

Murder

 

 

Attempt murder

 

(Mansl at first instance)

15y

NPP 10y

 

 

6y

NPP 4y 6m

 

6y

NPP 4y 6m

 

Total

20y

NPP 15y

Crown AA

20y

NPP 13y

 

10y

NPP 7y 6m

 

 

 

 

Total

25y

NPP 19y

 

Manslaughter conviction quashed on grounds of mental illness

NilStabbing

SNPP 20 years / 25 years

Suffocated father (manslaughter) – believed bikies were after him causing argument with father - ran next door to neighbours' home - attacked 12y female cutting her throat (murder) – also attacked mother and cut her throat (attempt murder) - unclear why attacked neighbours – did not attend house with intent to kill

Schizophrenia - chronic cannabis use – no prior violence –reliable employee – remorse – attempted suicide – no possibility of reoffending

MILAT

(17)

 

KLEIN

(18)

[2012] NSWSC 634

Mathews AJ

 

[2014] NSWCCA 29

PG

(No discount)

 

PG

(CCA – 25%)

43y

NPP 30y

 

32y

NPP 22y

AD

 

 

AA

27y

NPP 20y

Mid-range PCA

 

 

No violence

Axe

Intent to kill

SNPP 25 years (for Klein only)

Offenders and another friend invited victim to accompany them to Belanglo Forest – M took double sided axe from vehicle and struck victim in torso and to back of head – killing recorded by K on mobile phone - "thrill kill" – planned and premeditated - in company - gratuitous cruelty.

M - personality dysfunctions and lack of empathy -  poses substantial risk of violent re-offending -  serious potential danger to community – no remorse – worst case category murder

K – impressionable and strongly influenced by M - no psych illness - prospects of rehabilitation at least moderate and more favourable – within serious range

MITCHELL

(37 at offence – 62 at sentence)

[2012] NSWSC 694

Hidden J

PG

(25%)

14y

NPP 10y

 nil

Strangulation and suffocation

Reckless indifference

(1987) during argument with de facto wife strangled her with pantyhose and suffocated with pillow – spontaneous offence and out of character

On the run until voluntarily attended police station in 2011 – genuine remorse – good prospects of rehabilitation

SHAMOUN

(24)

[2012] NSWSC 716

Bellew J

 

[2015] NSWCCA 256

VG

Murder

 

Mal wound

27y

NPP 20y

 

12m

NPP 9m

 

Total:

27y

NPP 20y 3m

ADNil significant

Stabbing

Intent GBH

SNPP 20 years

Broke into home at night and assaulted male victim in bed – wife injured in escape – victim stabbed in struggle – offence committed in response to request by co-offender to inflict serious injury on victim because of falling out over employment – not satisfied act committed for reward

Iraqi – suffering brain injury

JK

(juvenile)

[2012] NSWSC 710

Harrison J

PG

(17.5%)

Murder

 

Attempted Agg BES

 

Sched:

6 offences

15y

NPP 10y

 

 

FT 2y

 

Total:

15y 9m

NPP 10y 9m

 Breached parole – record for dishonesty and car theft

Car

Constructive murder

With group of young men stole cars – attempted to break into service station – attacked male victim and his adult son standing near car – stole car and drove out of service station – struck male victim on road who was attempting to escape on foot – no intent to run over or inflict harm – affected by alcohol

Difficult and traumatic childhood – low intelligence – limited education - early drug and alcohol abuse – mental illness – aboriginal - youth

HENZON

(26)

[2012] NSWSC 726

Hidden J

PG

(25%)

 

2 x obtain money by deception

 

Sched:

2 x obtain money by deception

18y

NPP 13y

 

FT 18m

(each)

 

Total:

19y 6m

NPP 14y 6m

 nil

Suffocation

Reckless indifference

SNPP 20 years

Female bank teller stole $16,000 from account of husband and wife customers – subsequently stole $115,000 from account of 72y female bank customer – admitted to suffocating customer in home unit – circumstances of killing unclear

Suffering long-term physical illness

GOUNDAR

(26)

[2012] NSWCCA 154

PG

(40%)

12y

NPP 9y

AA

9y 6m

NPP 7y 2m

 

Stabbing

Accessory

SNPP 20 years

Female - male victim commenced sexual relationship with offender – stabbed to death by offender's estranged husband – lured to house by offender at request of husband – assisted in masking offence and disposing of body.

Assistance to authorities.

Husband sentenced for manslaughter on basis of provocation

WILLMOTT

(35)

[2012] NSWSC 824

Price J

 

[2013] NSWCCA 244

PG

(20%)

28y

NPP 21y

ADAssault offences – breached parole for GBH

Stabbing

Intent to kill

SNPP 20 years

Male victim became aggressive towards offender during drinking session with friends at cabin in caravan park – offender returned to mother's caravan and armed himself with two small steak knives – met up again with victim and angry confrontation broke out – frenzied and sustained stabbing attack – attempted to cut off head in front of witnesses - small degree of provocation – spontaneous

Under influence of alcohol and ice

SHEDDEN

(34)

[2012] NSWSC 854

Fullerton J

VG

Murder

 

Possess shortened firearm

27y

NPP 20y

 

FT 12m

(concurrent)

 lengthyshooting

SNPP 20 years

Series of confrontations between two groups of youths led by offender and victim during night – planned and led attack - victim shot in chest by offender as he emerged from car – high level of gravity – disregard for public safety – offence committed in presence of two person under 18y

Brother sentenced for manslaughter

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 - jury rejected self defence

Offender intoxicated

AMOS

(20)

[2012] NSWSC 1021

Hall J

 

[2014] NSWCCA 302

VG

28y

NPP 21y

Conviction ADNil

Shooting

Intent to kill

SNPP 20 years

Involved in armed robbery with co-offender of male drug dealer who owed money – formed intent to kill and shot victim eight times – returned to house with co-offender and stole property – victim shot in own home – only robbery planned – high level of culpability – committed for financial gain

Deprived and neglected childhood

BILLINGS

(37)

[2012] NSWSC 1020

Barr AJ

VG

Murder

 

 

AR with wounding

 

Agg SMV

 

 

Shoot w/I murder

 

AR

Indicative

32y

NPP 24

 

12y

NPP 9y

 

4y

NPP 3y

 

12y

NPP 9y

 

FT 4y

 

Agg Sentence

40y

NPP 30y

 Lengthy – at liberty for only two years of past twelveShooting

SNPP 20 years

Robbed male taxi driver walking along street in early hours of morning with sawn off rifle – shot warning shots into footpath then shot victim in buttock causing permanent injury – threatened male driver with shot gun – stole car – shot at police officer who was pursuing offender for suspected drug dealing – fatally shot unsuspecting male victim with intention of robbery in presence of co-offender – fired three shots from point blank range – robbed business using gun – murder just short of worst case

Dangerous offender

DANNEVIG

(21)

[2012] NSWSC 1013

Hall J

PG

(25%)

Murder

 

Sched:

Larceny

Dishonestly obtain prop

28y

NPP 21y

 Breached parole for kidnapping offence

Drowning

Intent GBH

SNPP 20 years

Lured 18y female into bush overnight through Facebook and fictitious identity – posed as WIRES employee offering employment and training – drowned victim in creek – unprovoked assault on victim during earlier meeting – sophisticated and protracted scheme

Mild intellectual disability – assistance with investigation

KELLY

(53)

[2012] NSWSC 1104

RA Hulme J

PG

(25%)

Murder

18y

NPP 13y 6m

 nilAssault

SNPP 20 years

Acted as financial advisor to victim and her husband after they won Lotto – during argument with about finances hit victim on head with mallet – precise reasons for killing unclear

Prior good character – remorse.

HUON

(26)

[2012] NSWSC 1092

Hall J

PG

(20%)

21y

NPP 16y

 malicious woundingStabbing

SNPP 20 years

Adopted as a child – killed adoptive mother's mother (aged 80) – stabbed victim in left cheek while victim sitting in chair – used victim's credit cards.

Substance and alcohol abuse - psychiatric illness.

LEE

(32)

[2012] NSWSC 1240

Bellew J

PG

(25%)

18y

NPP 13y 6m

 not relevant

Asphyxiation / strangulation

Intent to kill

SNPP 20 years

Mid-range objective seriousness - killed ex-girlfriend following argument about money - victim died from neck compression from belt tied around neck, gagging from sock in mouth and asphyxia due to plastic bag placed on head – planned to dispose of body but car broke down so left body to decompose in car boot– voluntary surrender to police – could not recall committing offence.

No real explanation for actions.

JONES

(26)

[2012] NSWSC 1433

Barr AJ

PG

18y 8m

NPP 14y

 violence and dishonesty offences – breached bail and bond

Stabbing

Intent GBH

SNPP 20 years

Stabbed friend, at party following heated argument – no evidence as to reason for argument – knife taken from kitchen

Dysfunctional childhood – drug abuse – remorse – plea late and of minimal value

SHEE

(50)

[2012] NSWSC 1422

Beech-Jones J

VG

20y

NPP 15y

 Older offences from 1980s - minor offences only in recent years.

Assault

Intent GBH

SNPP 20 years

Hit victim on head twice with piece of wood – friends with victim and victim's girlfriend – all drug abusers – argument after victim had stolen offender's mobile phone and money – dumped body in creek – impulsive attack – not premeditated.

Dysfunctional childhood.

GALL

(34)

[2012] NSWSC 1432

Adamson J

 

[2015] NSWCCA 69

VG

Murder

 

Discharge firearm w/I cause GBH

 

Pervert course of justice

 

Possess firearms

27y

NPP 18y

 

FT 8y

 

 

 

FT 1y 10m

 

 

 

3y 7m

NPP 2y 8m

 

Total

31y

NPP 24y

ADNilShot

SNPP 20 years

Shot victim three times at close range – friendship deteriorated badly over drug matter – victim had some involvement with bikie gang – offender planned shooting to get rid of adversary – buried body in bush – mid-range

ISKANDAR

(55)

 

 

 

 

 

 

 

Co-offender:

ISKANDAR [2012]

[2012] NSWSC 1324

Davies J

 

[2013] NSWCCA 256

VG

(10% - see facts)

23y

NPP 17y

Conviction ADBond for common assault

Stabbing

Intent to kill

SNPP 20 years

Ambushed wife's lover outside his home with 19y son - confronted and attacked victim in street with hammer – chased victim and stabbed him in chest and back – kicked female passer-by attempting to protect victim on ground – vicious and prolonged attack - a little above mid-range seriousness – significant pre-planning

Genuine remorse – upset over relationship between victim and offender's wife – discount for offer to plead to manslaughter - provocation

DAWSON

(48)

 

 

 

 

 

Co-offender:

COMBER [2012]

AQUILINA [2013]

[2012] NSWSC 1497

Bellew J

VG

23y

NPP 17y 3m

 Dishonesty

Strangulation

joint criminal enterprise

SNPP 20 years

Female - joint criminal enterprise to kill offender's neighbour – relationship between victim and offender had become strained – offender complained about behaviour of victim - with son (A) and friend (C) assaulted and killed victim – punched victim in face – co-offender tied noose around victim's neck and pulled it causing death – body taken and buried in  bushland.

Major depressive illness.

COMBER

 

 

 

 

 

 

 

Co-offender:

DAWSON

AQUILINA

[2013] NSWSC [525]

[2012] NSWSC 1502

Bellew J

PG

(10%)

Murder

 

2 x Deal proceeds crime

 

Sched:

17 x Obtain property by deception

23y 4m

NPP 17y 6m

 

 

FT 6m

(each)

 

Total

23y 7m

NPP 17y 9m

 Lengthy - on conditional liberty

Strangulation

joint criminal enterprise

SNPP 20 years

Joint criminal enterprise to kill female co-offender's neighbour – relationship between victim and co-offender had become strained – co-offender complained about behaviour of victim – victim taken and assaulted – AQ tied noose around victim's neck and pulled it causing death - offender assisted pulling noose with limited force – stood by to assist and prevent victim from leaving – assisted in disposing of body

PURTILL

(39)

[2012] NSWSC 1475

Harrison J

 

[2016] NSWCCA 80

VG

28y

NPP 21y

AD Throat cut

SNPP 20 years

Cut throat of victim following argument – businessman with whom offender acquainted – with brother drove body to remote location and buried in grave – unexplained crime – possibly drug transaction gone wrong

Difficult childhood – drug and alcohol addiction – rehabilitation.

Brother sentenced for accessory after fact

WHITE

(42)

[2012] NSWSC 1573

RA Hulme JA

VG

32y

NPP 24y

 Lengthy, violence, previous custody.Assault

SNPP 20 years

Planned killing of drug dealer – lured victim to caravan then bashed him, tied him with cable ties and taped mouth and nose – oversaw other persons in taking of drugs from car and dumping body in bush – fled to Victoria with girlfriend and lived off proceeds of stolen drugs

Difficult childhood – drug abuse.

SMITH

[2012] NSWSC 1565

Rothman J

VG

Murder

 

Destroy dwelling by fire

14y

NPP 10y

 

FT 2y

 

Total:

14y 6m

NPP 10y 6m

 Domestic violence – breached conditional liberty

Assault

Extended joint criminal enterprise

SNPP 20 years

Suggested known drug dealer to co-offenders as subject for robbery – victim viciously kicked and assaulted and run over by car - present during offence but not involved in assault - contemplated co-offenders could form intention to inflict GBH – no agreement to kill or inflict GBH – provided jerry can for co-offenders who returned to scene and set fire to home incinerating body - objective criminality in lowest possible category - no intention, initially, of obtaining financial gain - motives not totally clear, but most probably included revenge for victim's treatment of offender's mother

Drug abuse – difficult upbringing including sexual abuse – mental health issues and probably brain damage – some assistance

Three co-offenders pleaded guilty to manslaughter - McCulloch, Biffen and Biffen [2013] NSWSC 894

WALSH

(34)

[2012] NSWSC 1399

Bellew J

 

[2014] NSWCCA 252

VG

Murder

 

s.86(3)

28y

NPP 21y

 

FT 8y

(concurrent)

Conviction ADLengthy but much less serious

Unclear

Constructive murder

SNPP 20 years

Met with victim and female co-offender at park to discuss stolen property – victim taken to home of third person and detained in garage – victim killed by offender in altercation – body incinerated

Long history of alcohol and drug abuse

Co- offender sentenced for accessory after fact - Batcheldor [2015] NSWSC 1688

MA

(17)

 

 

 

 

 

 

 

 

 

 

 

 

BYQUAR

(18)

 

 

 

 

 

 

 

 

 

RAMOS

(18)

 

 

 

 

 

Co-Accused:

NATUBA [2012]

TAMAPUA [2012]

KHOURY [2013]

KARIMI [2013]

MIR [2013]

[2012] NSWSC 1527

Johnson J

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[2015] NSWCCA 313

(Ramos only)

PG

(25%)

Murder

 

Sp Agg BES

 

 

AR

 

Sched: Conspire rob

AR

 

 

PG

(25%)

Murder

 

 

AR

 

Sched:

AR

 

 

PG

(25%)

Murder

 

Sp Agg BES

 

 

AR

 

Sched:

Conspire rob

AR

20y

NPP 14y

 

 

5y 6m

NPP 4y

 

5y 6m

NPP 4y

 

Total:

23y

NPP 17y

 

23y

NPP 16y

 

 

8y

NPP 6y

 

Total:

25y

NPP 18y

 

17y

NPP 12y

 

 

4y

NPP 3y

 

5y 6m

NPP 4y

 

Total:

19y

NPP 14y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AA

14y 3m

NPP 10y

 

4y

NPP 3y

 

5y 6m

NPP 4y

 

Total:

16y 3m

NPP 12y

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

 

 

 

 

 

 

 

 

 

AOABH, Rob in co.

 

 

 

 

 

 

 

 

 

Nil

Assault with meat cleaver / machete

Joint criminal enterprise

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 victim but present - remorse, rehabilitation, maturity

B – struck victim - drug / alcohol abuse - remorse

R – outside house assisting – remorse, rehabilitation

NATUBA

(19)

 

 

 

 

 

 

 

 

 

TAMAPUA

(20)

 

 

 

 

 

 

Co-Offenders:

MA [2012]

BYQUAR [2012]

RAMOS [2012]

KHOURY [2013]

KARIMI [2013]

MIR [2013]

[2012] NSWSC 1569

Johnson J

PG

(50%)

Murder

 

AR

 

Sched: Robbery

 

 

 

PG

(50%)

Murder

 

Sp Agg BES

 

 

Poss Firearm

 

 

Poss weapon

 

Sched:-

3 x Robbery

14y

NPP 10y

 

 

5y

NPP 3y 9m

 

Total:

15y

NPP 11y

 

14y

NPP 10y

 

 

4y

NPP 3y

 

3y

NPP 2y

 

FT 2y

 

Total:

15y 6m

NPP 11y 6m

 

Agg robbery – breached bond.

 

 

 

 

 

 

 

 

 

Robbery, assault, breach AVO - on bond

Assault with meat cleaver / machete

Joint criminal enterprise

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 victim 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

 Last updated 9.7.2018 

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