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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 - 2015-2016

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

JOHNSON

(25)

[2015] NSWSC 31

Hamill J

PG

(slightly less than 20%)

 

Sched: Assault (on same victim)

21y

NPP 15y 9m

 Previous domestic violence assaults

Assault

Intent GBH

SNPP 20 years

In relationship with female victim for 6 months - repeated offences of domestic violence – argument – drinking alcohol –no premeditation – brutal assault - immediately after offence accepted responsibility - attempted to revive victim - admitted killing to several people - mid-range

Remorse - Aboriginal background - early exposure to alcohol, drugs and violence – good prospects rehabilitation.

MAHON

(43)

[2015] NSWSC 25

Garling J

PG

(25%)

22y 6m

NPP 16y 10m

 Assault, AOABH – breached bail - previous domestic violence assaults.  Assault / Strangulation

SNPP 20 years

In relationship with female victim – subject to AVO and bail due to earlier assaults on victim – attended victim's home – drinking and argument - severely beat victim around head and neck and strangled her -  after death used iron to inflict burn injury - attempted to conceal body - above mid-range

CRAMP

(39)

[2015] NSWSC 271

Adams J

 

[2016] NSWCCA 305

VG

40y

NPP 30y

AA

34y

NPP 25y 6m

Record for violence

Stabbing

Intent to kill

SNPP 20 years

Attended former workplace during day and stabbed employee through neck severing spinal cord – motive for killing unclear – cut wires to security cameras in view of other employees

Affected by ice but not irrational - dangerous

KENNEDY

(18)

 

 

 

Co-offenders:

SMITH [2013]

SMITH [2013]

[2015] NSWSC 327

Wilson J

 

[2016] NSWCCA 114

PG

(5% on appeal)

21y

NPP 15y 9m

Sentence AA

20y

NPP 15y

Not as serious as co-offenders

Assault

Joint criminal enterprise / intent GBH

SNPP 20 years

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

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

AX

(23)

 

 

 

 

 

 

 

Co-offender:

SYME [2015]

[2015] NSWSC 317

Johnson J

PG

(25%)

26y 7m

NPP 19y 11m

 Destroy property; use offensive weaponAssault

SNPP 20 years

Lived with 76y male victim – planned to defraud victim taking $30k from bank account using fraudulent cheque – victim discovered money missing from his account – attacked victim with tyre iron - numerous blows to head – substantial violence – motivated by greed and desire to hide fraud - above mid-range

Disturbed upbringing – drug abuse – gambling - assistance to authorities – remorse – difficult to predict rehabilitation

FARROW (No.3)

[2015] NSWSC 323

Rothman J

VG

22y

NPP 15y

  Stabbing

SNPP 20 years

Purchased drugs from victim – relationship soured – broke into victim's unit, stabbed victim and stole drugs, money and jewellery – put body in car boot with intention of burying - above mid-range - planned offence – significant number of knife wounds.

Significant psychoses - paranoia, schizophrenia and drug induced psychoses

PLUIS

(43)

[2015] NSWSC 320

Johnson J

PG

(25%)

19y 6m

NPP 14y 7m

 Robbery, assault, stealing, possess drugs

Assault

Intent GBH

SNPP 20 years

Lived with 44y male friend – victim wanted offender to move out – offender upset and punched and assaulted victim – no memory of incident - spontaneous offence – both had consumed substantial amounts of alcohol - significant loss of control by offender -significant level of violence involving force to the abdominal and thoracic areas and multiple rib fractures - mid range

Highly disturbed upbringing –  anger issues - suffered epilepsy but this had no role in offence

MAAKA

(18)

[2015] NSWSC 358

RA Hulme J

PG

(20%)

 

Sched:

16 offences

20y

NPP 15y

 BES, AOABH, Larceny

Assault

Intent GBH

SNPP 20 years

Severe and violent attack upon 53y male homeowner during break in– struck victim and smashed drawer on victim's head - unbridled, gratuitous and extreme violence – acted with 2 co-offenders - affected by drugs - not planned or premeditated

Disrupted upbringing – drug abuse

WANG

(30)

[2015] NSWSC 433

Button J

PG

(25%)

20y

NPP 15y

 Nil relevantMeat cleaver

SNPP 20 years

Killed female with meat cleaver in sustained and violent attack –arrived from China 24 hours previously with intention to continue relationship with victim – killed victim when she indicated end of relationship – acted in blind rage and loss of self-control – spontaneous – above mid-range

Immediate confession of guilt – deep remorse – Chinese – isolation – good prospects of rehabilitation – well educated

HAINES

(36 at offence – 49 at sentence)

[2015] NSWSC 390

RS Hulme AJ

 

[2016] NSWCCA 90

PG

(25% on appeal)

17y

NPP 12y 9m

AA

15y

NPP 11y 3m

Lengthy record but no significant violence or robbery

Stabbing

Intent GBH

(2001) – female – stabbed shopkeeper in chest – grabbed knife from shop – motive and circumstances of killing unclear

Originally found unfit to plead and given limiting term of 17y – found fit to plead in 2013

Aboriginal with neglected and difficult childhood – low intelligence – constant absconder from school and home

On appeal - exceptional case - reason for delay in entering guilty plea must be taken into account

HIROKI

(41)

[2015] NSWSC 496

Mathews AJ

VG

23y

NPP 17y

 Assault, affray.Assault

SNPP 20 years

Killed victim offender had only just met – precise circumstances of killing not known – drinking and taking drugs at gathering at offender's home – argument - severe bashing - three fractures to head – buried body under house – possible weapons bowling ball and bottle - offender's female cousin present during offence – spontaneous offence - mid range

Previously a talented sportsman and artist but suffered severe back injury.

MARTIN

[2015] NSWSC 521

Schmidt J

VG

27y

NPP 20y 3m

 assault, drugs, theft

Assault

intent to kill

SNPP 20 years

Killed victim who lived on isolated rural property – physical altercation where both affected by alcohol – smashed victim's head number of times with heavy concrete block – offence not planned above mid-range

Troubled youth – drug and alcohol abuse – supportive family – prospects of rehabilitation

DO (No.4)

(58)

[2015] NSWSC 512

Davies J

VG

23y

NPP 16y

 nil

Stabbing, assault and asphyxiation

Intent to kill

SNPP 20 years

Difficult, deteriorating and unequal relationship with wife – socially isolated – totally dependent upon wife – stabbed wife four times to head, blunt force injuries and asphyxiation – impulsive attack during argument at home – below mid-range

Vietnamese – low intelligence and possible brain damage from war - lived in America prior to marriage – custodial isolation – reasonable prospects of rehabilitation

KELSALL

(20)

[2015] NSWSC 480

RA Hulme J

 

[2017] NSWCCA 240

VG

Murder

 

Indecent assault

40y

NPP 30y

 

FT 1y

 

Total:

40y 3m

NPP 30y 3m

ADnil

Stabbing

Intent to kill

SNPP 20 years

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

No remorse – questionable prospects of rehabilitation

SPICER

 

 

Co-offenders:

PROUD [2017]

RAWLINSON [2014]

EVANS [2014]

[2015] NSWSC 519

Harrison J

VG

32y

NPP 24y

 AOABH

Arson

Joint criminal enterprise

Intent to kill

SNPP 20 years

S and E set fire to victim's home throwing petrol while victim asleep – part of plan by co-offenders R and E to kill victim – S recruited – with E set fire to V's home alight causing V's death - considerable planning.

Dysfunctional upbringing.

MOORE (No.2)

(24)

 

 

 

 

 

 

 

Co-offenders:

MOORE [2016]

PRICE [2016]

[2015] NSWSC 214

Garling J

 

[2016] NSWCCA 185

VG

24y

NPP 18y

ADLengthy record  involving violence – breached bond

Assault

Intent GBH

SNPP 20 years

Assaulted male acquaintance on head with mattock handle during argument outside victim's house – argument over supply of cannabis commenced several hours previously by phone texts – threats made by victim – mother of offender planned and encouraged confrontation – all participants armed – slightly above mid-range

Some prospects of rehabilitation – remorse – some co-operation in conduct of trial – chaotic, tragic and dysfunctional personal history

EVANS

(22)

[2015] NSWSC 254

Davies J

PG

(5%)

Murder

 

Steal

dwelling house

 

Sched:

1 offence

25y

NPP 18y 9m

 

 

FT 3y

 

Total:

26y

NPP 19y 9m

 Lengthy.  AOABH, common assault, larceny.  On bail.

Strangulation

Intent to kill

SNPP 20 years

Female – met 33y female at hotel for first time – went to park with victim, 3 other males and offender's younger sister – group consumed drugs – group travelled to victim's home – sexual activity took place between offender, victim and male D – offender strangled victim with belt with assistance from D – washed body in shower – group dug hole on property and buried victim – stole firearms and other property - high mid-range

Disturbed upbringing - drug abuse - discount for assistance to authorities

Co-offender Duffy sentenced for manslaughter

SUMPTON (No. 4)

(50)

[2015] NSWSC 684

Hamill J

 

[2016] NSWCCA 162

VG

Murder

 

2 x Damage property by fire

27y 6m

NPP 19y

 

4y 6m

(each)

 

Total:

29y

NPP 20y 6m

ADAssault police, AOABH, assault, indecent dealing child under 12, dishonesty

Stabbing / assault

Intent to kill

SNPP 20 years

Met female victim for first time – drank together – both severely intoxicated – went to victim's home – struck victim in face with statue – stabbed victim 24 times to body and area of vagina – sexually motivated offence although precise nature of motivation unclear – set fire to home to hide offence – body unrecognisable - above mid-range - spontaneous offence.

No remorse - ill-health.

SCOTT (No.6)

(41)

[2015] NSWSC 678

Wilson J

 

[2017] NSWCCA 296

VG

24y

NPP 18y

Conviction ADLengthy record for violence

Stabbing

Intent GBH

SNPP 20 years

Stabbed male once in chest during fight in car-park – all participants intoxicated

Pattern of violent behaviour both in and out of gaol – alcohol abuse

SB

(16)

 

AE

(16)

[2015] NSWSC 659

Hall J

 

[2016] NSWCCA 228

(AE)

VG

 

 

VG

12y

NPP 8y

 

12y

NPP 8y

 

 

 

Conviction AD

Nil

 

 

Nil

Assault

Joint criminal enterprise

Part of group of males involved in bashing and fatal assault of 17y male at party – group kicked and bashed victim – struck on head by co-offender JP with wine bottle causing death.

Each offender had favourable rehabilitation and strong subjective circumstances.

CULLEN

(50)

[2015] NSWSC 768

Harrison J

VG

30y

NPP 22y 6m

 Nil in Australia – old record in England

Stabbing

Intent to kill

SNPP 20 years

Stabbed estranged wife – assaulted victim in garage of apartment block and forced her into boot of car – purchased fishing knives drove to reserve and fatally stabbed wife in frenzied and brutal attack – resentment and frustration over relationship breakdown – above mid-range

ALKANAAN (No.7)

(27)

[2015] NSWSC 904

Garling J

 

[2017] NSWCCA 56

VG

Murder

 

PG

(10%)

Consp to tamper with witness

28y

NPP 21y

 

 

 

FT 1y 10m

 

Total:

28y 9m

NPP 21y 9m

ADRecord including violence – breached bond

Shooting

Intent to kill

SNPP 20 years

Shot dead drug dealer at point blank range with shot gun outside house of offender – unplanned offence – angered that victim came to house to collect drug debt – victim's wife and 18m child in car – had called in associate as backup - fled scene and attempted to leave country – attempted to influence victim's wife against giving evidence – murder above mid-range

Exposed to war and conflict in during childhood in Iraq – mental health issues needing treatment in custody

MURRAY

(51)

[2015] NSWSC 1034

Schmidt J

PG

(12.5%)

25y 4m

NPP 19y

 violence

Stabbing

Intent to kill

SNPP 20 years

Killed de facto female partner – argument – stab wounds to victim's back - one wound was fatal – victim's consumption of  methadone and alcohol reduced ability to perceive threat to safety and defend herself – offender took large amount of sedative – let victim bleed to death - could have summoned help – above mid-range

Ongoing drug abuse associated with violent offending - repeated incarceration - mental disorders

BEATTIE

(26)

[2015] NSWSC 961

Button J

VG

20y

NPP 15y

 Record includes assault and drug offence

Assault

Intent GBH

SNPP 20 years

Sustained assault on close male friend in front of victim's mother and pregnant partner – used fan as a weapon – victim declined to respond to assault – offender aggressive with police and locked them out of flat – assaulted police while in custody – heavily intoxicated and under influence of prescription and non-prescription drugs – irrational outburst caused by gross intoxication – below mid-range

Offered to plead to manslaughter – remorse – suffering long term alcohol and drug addiction and bi-polar disorder – threatened wife when she ended relationship

MOORE

(51)

 

PRICE

(44)

 

 

 

 

 

 

 

 

Co-accused:

(J) MOORE [2015]

[2015] NSWSC 1101

Garling J

 

(Moore)

[2016] NSWCCA 300

VG

 

 

VG

22y

NPP 15y

 

18y

NPP 12y

AD

Not significant

 

 

Nil - driving offence only.

Assault

Accessory

SNPP 20 years

Female offender (M) and her partner (P) accessory to murder by son JM - JM struck 47y male with wooden mattock handle in dispute over drug deal - offenders encouraged and assisted JM – M armed with hobby hammer – P struck victim with fishing rod – victim armed with knives

Moore: upper end of mid‑range of seriousness of objective criminality - good prospects of rehabilitation, remorse – special circumstances

Price: lower end of mid-range of seriousness – played a lesser role - good character - good prospects of rehabilitation – special circumstances

NK (No.3)

(27)

[2015] NSWSC 1257

Hamill J

PG

(60% plea and assist)

Murder

 

s.113(3)

 

Supply drug

 

 

2 x s.33

 

Sched:

9 offences

Indicative

14y

NPP 10y 6m

 

 

2y 5m

 

19m

NPP 14m

 

4y 10m

NPP 3y 7.5m

(each)

 

Agg:

21y

NPP 15y 9m

 Robbery in company, armed robbery.  On parole.

Shooting

Intent to kill

SNPP 20 years

Contract killing of victim orders from leaders of Brothers for Life gang – shot victim in his home in front of partner and close proximity to twin 6y daughters – 4 shots to upper body – duress - threatened by leaders partner's child would be killed if did not carry out execution - well above mid-range but not top of range.

Background of deprivation and alienation.

PATEL (No.2)

(33)

[2015] NSWSC 1381

Wilson J

VG

24y

NPP 18y

 Nil

Strangulation / asphyxiation

Stabbed

SNPP 20 years

Female – strangled and stabbed female victim and stabbed in abdomen – victim had entered relationship with offender's close male friend, with whom offender had lived and shared some sexual involvement – feeling isolated - some degree of planning.

Depression – anxiety – had to terminate pregnancy - good rehabilitation prospects – studying and employed – good character.

ARCHER

(53)

[2015] NSWSC 1487

Wilson J

 

[2017] NSWCCA 151

PG

(25%)

Murder

 

s.33

 

 

Breach AVO

24y

NPP 18y

 

 

8y

NPP 6y

 

21m

 

Total:

26y 4m

NPP 20y 4m

AA

24y

NPP 18y

 

8y

NPP 6y

 

12m

 

Total:

25y 6m

NPP 19y 6m

Limited – on bail for recent violence against victim

Stabbing

Intent to kill

SNPP 20 years

Stabbed estranged partner several times to chest and head while she was sitting at home – vicious but spontaneous attack – cause of argument unclear – purposely obtained knife from kitchen – pursued victim's friend out of house and stabbed her in abdomen

Suffering from depression and recently estranged – intoxicated – gambling problem – genuine remorse for murder

SYME

(27)

 

 

 

 

Co-offender:

AX [2015]

[2015] NSWSC 1609

Adams J

PG

(15%)

21y

NPP 12y

 MinorAssault

SNPP 20 years

Female – 76y male victim bashed by co-offender (husband) so that victim would not discover they had taken money from victim's bank account – victim bashed to head with tyre lever and metal pipe

Dysfunctional background – drug abuse

WONG

(20)

[2015] NSWSC 1612

RS Hulme AJ

VG

22y

NPP 16y 6m

 NilStabbing

SNPP 20 years

(2006) – student from Malaysia on visa – worked for male victim who owned restaurant – financial pressures – argument with victim over job termination and payment of wages – physical altercation - stabbed victim numerous times – took money and left for Malaysia – extradited to Australia in 2014.

Good character – good prospects rehabilitation.

BREEN

(26)

[2015] NSWSC 1757

Mathews AJ

PG

(no discount)

Murder

 

Murder

 

Sched:

9 offences

34y

NPP 26y

 

 

37y

NPP 28y

 

Total

42y

NPP 33y

 Prior record for violence offences although only bonds

Stabbing

Intent to kill

SNPP 20 years

Left home angry and intoxicated and armed with hunting knife – threatened and assaulted partner and several strangers with knife in attempt to obtain car – obtained two cars at knifepoint – drove to grandparents' house with intent to kill but moved on – demanded gun from female friend at knifepoint – smashed way into father's house and stabbed him repeatedly in presence of 12y half-brother – pursued and stabbed father's partner multiple times in front of 7y daughter – police pursuit in car – trigger for offences unknown – previously expressed dark thoughts to mother – almost at top of objective seriousness but absence of pre-planning and prospects of rehabilitation

Harboured deep-seated anger and resentment towards family – long history of anger and impulse control – substance abuse – significant impact on children who witnessed murder – genuine remorse

PAYAM

(37)

[2015] NSWSC 1820

AJ Mathews

PG

(18%)

19y

NPP 13y 6m

 Stealing, assault, AOABHStabbing

SNPP 20 years

Stabbed wife's ex-husband – upset with victim over continued difficulties with wife and victim's son - offence committed in public place – slightly below mid-range

Difficult past – impulsivity and anxiety problems – irrational - good prospects of rehabilitation

KATSIS

(17 at offence – 44 at sentence)

[2015] NSWSC 1890

Fagan J

 

[2018] NSWCCA 9

VG

Murder

 

s.61D(1)

20y

NPP 15y

 

FT 6y

(concurrent)

ADSubsequent record for petty offences involving dishonesty and assault

Strangulation

Intent to kill

(1988) – forced entry into neighbouring unit – sexually assaulted and strangled 66y female occupant - set fire to contents of unit

Abusing drugs and alcohol at time of offence – subsequent 27y demonstrates no risk of re-offending

BILJUH

(42)

[2015] NSWSC 1917

Button J

VG

30y

NPP 22y 6m

 Minor record – no violence

Strangulation

Intent to kill

SNPP 20 years

Broke into home of mother in early hours of morning – strangled her and dragged body to granny flat behind house – covered face with duct tape to ensure death – body left for brother to find - carefully planned – attempted to lay false trail – well above mid-range

Difficult relationship with family – personal crisis

TOWNEY

(20)

[2016] NSWSC 97

Fagan J

 

[2018] NSWCCA 65

VG

24y

NPP 18y

Conviction ADViolence offences – breached bond and bail – gaol misconduct charges

Stabbing

Intent to kill

SNPP 20 years

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

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

MAYBIR (No.8)

(29)

[2016] NSWSC 166

RA Hulme J

VG

Murder

 

 

s.61O(2A)

 

3 x s.61

 

s.91H(2)

 

s.61

 

s.61

 

s.35(3)

 

 

s.91H(2)

 

s.59(1)

Indicative

38y

NPP 28y 6m

 

1y

 

2y (each)

 

2y

 

1y

 

1y 3m

 

4y

NPP 3y

 

1y

 

3y

 

Agg:

42y

NPP 31y 6m

 Breached bond imposed for breaching AVO

Assault

Intent GBH

SNPP 25 years

Lived with partner and her young children in small music studio – enforced physical discipline over many months particularly on 7y male victim suffering intellectual disability – cruel, degrading and inhumane treatment – victim died as result of blunt force trauma to head although exact manner of death unclear – failed to obtain medical treatment

BASANOVIC

(47)

[2016] NSWSC 292

DaviesJ

VG

Murder

 

s.33

24y 9m

NPP 18y

 

9y 4m

NPP 7y

 

Total:

27y 9m

NPP 21y

 Firearms, drugs and violence – breached bond for fraud

Shooting

Intent to kill

Joint criminal enterprise

SNPP 20y

Both offender and victim members of bikie club - serious falling out – threats made to offender – visited victim's office with son and friend – heated argument and son shot victim – five shots fired – employee shot in arm and seriously injured - agreement to kill – element of self-defence but sought revenge – little below mid-range

Son convicted at murder trial of manslaughter

AC (No.7)

(34)

[2016] NSWSC 404

(Hamill J)

PG

(50% plea and assist)

Murder

 

Accessory before s.33A(1)(a)

 

Sched: Participation in a criminal group - s.93T

8y

NPP 5y

 

 

 

4y 6m

NPP 3y

 

Total:

9y 6m

NPP 6y 6m

 Nil

Accessory before the fact

Shooting

Female – acting under duress - associated with Brothers for Life gang members involved in gangland violence / turf war - worked for solicitor representing various gang members – told FQ she heard LC planned to kill him – drove 3 gang members who intended to kill LC to home where LC was – HM shot dead by mistake - attended cafe location of another intended shooting with gang members - identified proposed target and his car – target later shot

Fearful of FQ who threatened her and family but remained involved with gang knowing they were involved in serious gangland activity.

Mid-range objective seriousness - carefully planned execution of rival gang member.

Good prospects rehabilitation – assistance - onerous custodial conditions

DENT

(53)

[2016] NSWSC 444

RA Hulme J

 

[2017] NSWCCA 166

VG

Murder

 

Agg rob in comp

 

2 x contempt

 

Contempt

40y

NPP 30y

 

No penalty

 

 

FT 1y

 

FT 6m

 

Total:

42y

NPP 32y

Conviction ADExtensive record including murder as a 17y old – breached bail for drug offences

Assault

Constructive murder

SNPP 20 years

Joint plan between four offenders - victim lured by offender and co-offender to park for robbery – assaulted, clothing removed, hogtied and gaged with underpants by offender – dominant offender – intended GBH and did not care if died

Contempt offences – assaulted co-offenders in dock – threatened judge – sacked counsel and refused to proceed with trial

Institutionalised

PHAN

(30)

[2016] NSWSC 483

Mathews AJ

VG

Murder

 

PG

(20%)

2 x s.97(2)

 

2 x s.97(2)

Indicative:

14y

NPP 10y

 

 

6y (each)

 

7y (each)

 

Agg:

20y

NPP 14y

 Lengthy record for minor offences

Shooting

Accessory to constructive murder

SNPP 20 years

Armed robbery of fruit shop – armed with hammer – co-offender armed with pistol – employee shot twice by co-offender while detaining offender – liable on basis foresaw gun being discharged but not being used to cause GBH or death – lower range - other armed robbery offences committed week before in company with co-offender

Difficult childhood

BIRCH

[2016] NSWSC 816

Rothman J

PG

(25%)

20y

NPP 13y

 Violence – no domestic violence charges

Assault

Intent GBH

SNPP 20 years

Killed female partner – domestic violence situation – both intoxicated – during argument offender became enraged and punched victim – sustained assault – victim found dead in hallway by offender's brother next day – mid-range

Aboriginal with deprived and dysfunctional childhood – full remorse – good prospects of rehabilitation

FULLER

(18)

[2016] NSWSC 815

Rothman J

PG

(not full 25%)

 

Sched

Add offences

24y 6m

NPP 17y

 Long record

Assault

Intent GBH

SNPP 20 years

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

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

TURNBULL (No.26)

(79 at offence, 81 at sentence)

[2016] NSWSC 847

Johnson J

VG

Murder

 

 

PG

(10%)

s.86(1)

Indicative

32y

NPP 22y

 

9y

 

Agg

35y

NPP 24y

 Unlawfully clear native vegetation

Shooting

Intent to kill

SNPP 20 years

Shooting of environmental officer – multiple shots and wounds – detained an environmental officer for purpose of killing another environmental officer - offences committed whilst criminal proceedings against offender before Land and Environment Court – intent to kill – substantial objective gravity

Suffering from adjustment disorder but not serious mental disorder – strong family support.

KUMAR

(54)

[2016] NSWSC 1747

Mathews AJ

VG

23y

NPP 17y

 Nil record – breached bail for sexual offences against victim – history of domestic violence

Suffocation

Intent kill

SNPP 20 years

Broke into home of estranged wife and suffocated her – limited planning – unprovoked killing – motive almost certainly to prevent victim giving evidence in sexual assault charges – mid-range

Fijian Indian – good prospects of rehabilitation

MAY (No.2)

(38)

[2016] NSWSC 1070

Wilson J

VG

(10%)

19y 10m

NPP 14y 10m

 Extensive record for drug offences – breached bond

Assault

Intent to kill

SNPP 20 years

Under influence of drugs and alcohol assaulted aunt in street with half brick – no motive – sustained and brutal assault – offender himself assaulted earlier in evening

Aboriginal with background of deprivation – early drug abuse – panic and anxiety issues making custody more onerous

PERKINS

(18)

[2016] NSWSC 1080

Button J

 

[2018] NSWCCA 62

PG

(10%)

20y 6m

NPP 15y

ADNil

Stabbing

Intent to kill

SNPP 20 years

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

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

KHAN

(46)

[2016] NSWSC 1073

Fullerton J

VG

Murder

 

 

2 x Mansl

 

 

 

s.35(2)

 

 

s.35(4)

 

 

s.197(1)(b)

Indicative:

30y

NPP 22y

 

20y

NPP 15y

(each)

 

5y

NPP 3y 9m

 

2y 6m

NPP 2y 8m

 

4y

 

Agg

40y

NPP 30y

 Nil

Explosion

Reckless indifference

SNPP 20 years

Lessee of shop caused explosion intending to use insurance money to escape debts – killed male residing in unit above shop and mother and baby residing in unit above adjoining shop – two males also residing in unit above shop injured escaping explosion – manslaughter based on unlawful and dangerous act – murder above mid-range

ROFF

(51)

[2016] NSWSC 1151

Fagan J

 

[2017] NSWCCA 208

VG

Murder

 

Possess unauth weapon

 

Sched:

Failure to store weapons

32y

NPP 24y

 

$2000 fine

AA

25y

NPP 18y 9m

Old minor weapons offence

Method unknown

Intent to kill

SNPP 20 years

Pre-mediated and planned killing of partner of female co-offender – killed victim in order to openly establish relationship with co-offender – provided sleeping tablets to co-offender – entered house and killed victim in unknown way – disposed of body – aggravating factors: use of stupefying drug – in company – in home of victim – planned activity

Prior good character in face of difficult personal life – motivated by infatuation for co-offender – good prospects of rehabilitation – suffering chronic work injury

HOSSEINIAMRAEI

(33)

[2016] NSWSC 1181

RA Hulme J

PG

(25%)

 

Sched:

4 offences

21y

NPP 15y 9m

 Nil – breached ADVO

Stabbing

Intent to kill

SNPP 20 years

Stabbed estranged wife while sitting in car in shopping centre car park – 56 stab wounds with scissors – above mid-range – -previous violence and threats to kill – angry that wife had left marriage

Born in Iran – suffered persecution due to religion - small reduction in culpability due to mental condition

ROGERSON

(75)

 

 

 

 

 

MCNAMARA

(57)

[2016] NSWSC 1207

Bellew J

VG

Murder

 

Supply lge comm qty ice

 

VG

Murder

 

Supply lge comm qty ice

Life

 

 

12y

NPP 9y

 

 

Life

 

 

12y

NPP 9y

 

Dishonesty offences

 

 

 

 

 

Nil

Shooting

Intent to kill

Joint criminal enterprise

SNPP 20 years

Joint criminal enterprise to kill 20y male drug dealer and take 2.78kg ice – extensive planning weeks prior to shooting – arrangements made to source and prepare suitable place for killing as well as car and boat used for disposal of body – victim lured to storage unit and shot dead by one offender – body dumped at sea – drugs repackaged for disposal – brutal execution – aggravating factors: use of weapon / in company / financial gain – no material distinction in roles – no different to contract killing

Both offenders former police officers – importance of sentence to deter police officers misusing knowledge gained through profession – objective gravity so grave ignore small number of mitigating factors

DA SILVA

(60 at offence, 67 at sentence)

[2016] NSWSC 1214

Harrison J

VG

24y

NPP 18y

 No relevant criminal recordAssault

SNPP 20 years

(2010) – killing of female former partner by blunt force trauma to head - inflicted while victim asleep in bed – weapon not known - offence pre-meditated and planned - above mid-range

No remorse or contrition –age – prior good character.

HAINES

(31)

 

 

 

 

 

 

 

 

 

 

LEE

(37)

[2016] NSWSC 1333

Harrison J

PG

(20% - plea and assist)

Murder

 

AR

 

 

 

 

 

PG

(15%)

Murder

 

AR

14y 8m

NPP 11y

 

 

 

5y

 

Total:

15y 8m

NPP 12y

 

17y 6m

NPP 13y 6m

 

 

5y

 

Total:

18y 6m

NPP 14y 6m

 

Moderate record

 

 

 

 

 

 

 

 

 

 

Significant record

Stabbing

Constructive / joint criminal enterprise

SNPP 20 years

Three offenders approach unit of known drug dealers with intention to rob occupants of drugs and money – during violent struggle one occupant fatally stabbed by L – second occupant assaulted by H and stabbed by L – planned robbery shortly before arriving at unit – constructive murder based on armed robbery with wounding - H did not foresee possibility knife would be used with relevant intent – below mid-range for both offences

Lifelong drug addicts – difficult family backgrounds - remorse

H - borderline intelligence – reasonable prospects of rehabilitation

L – limited prospects of rehabilitation

CAMERON

(62)

 

 

 

 

 

 

 

 

 

 

FORWARD

(21)

 

 

 

 

Co-offender:

ZANKER [2017]

[2016] NSWSC 1342

Fagan J

 

[2017] NSWCCA 229

(Cameron)

PG

(40% plea and assist)

Murder

 

Cultivate lge comm qty

(25% plea)

 

 

 

 

PG

(30% plea and assist)

Murder

 

(25% plea)

Cultivate lge comm qty

24y

NPP 18y

 

 

 

10y

NPP 7y 6m

 

Total:

28y

NPP 22y

 

21y

NPP 15y 5m

 

 

 

3y

NPP 2y 3m

(concurrent)

AD

Persistent offender in relation to cannabis – breached parole for cannabis offence

 

 

 

 

 

Nil

Stabbing

Intent to kill

SNPP 20 years

C one of two principals in hydroponic cannabis plantation in shed at rear of property – F and victim two of several workers – concerns developed as to violence and instability of victim – plan developed to kill victim – grave dug in remote area one week prior to killing – victim fatally stabbed by F in sustained assault in cannabis shed in presence of C and two others – body buried in grave – pre-meditated - killed to protect plantation and financial gain for C – brutal killing – in company – disposal of body

Plantation involved 664 plants – highly organised and high volume commercial plantation – involved some supply

C – Principal in both offences

F – willing participant – drug user probably impaired by substance intoxication at time of killing

STANFORD

(24)

[2016] NSWSC 1434

RA Hulme J

PG

Murder

 

s 61J

Life

 

 

15y

 NilStabbing and assault

SNPP 20 years

Killing and sexual assault of 26y female teacher – offender worked as cleaner at school – victim working alone on weekend - dragged victim into room – bashed to head 30-40 times until unconscious – penile-vaginal penetration – stabbed victim to neck – careful disposal of body in bush – set body alight - returned to take photographs of body – disposal of jewellery to offender's brother - worst case category

Autism spectrum disorder – no remorse - harboured violent thoughts, including killing people, since a child - evidence of searches on internet in relation to violent rape - purchase of knives, handcuffs and other devices capable of use in carrying out acts of extreme violence -  stalking of other females - future dangerousness

PRATSCH

(46)

[2016] NSWSC 1466

Wilson J

PG

(10%)

22y 6m

NPP 16y 10m

 Larceny, BES, possess drugs, dishonesty offences.

Stabbing

intent to kill

SNPP 20 years

Stabbed 50y male acquaintance after drinking together – victim vulnerable, suffering from disabilities due to brain injury - returned together to victim home – tied victim naked to bed – stabbed 20 times – serious deep wounds – took ATM card and withdrew money.

Dysfunctional background – drug addiction – mental illness.

MURDOCH

(30)

[2016] NSWSC 1475

Mathews AJ

VG

Murder

 

Agg armed robbery

28y

NPP 21y

 

8y

 

Total:

30y

NPP 22y 6m

 Armed robbery, kidnapping, dishonesty.Shooting

SNPP 20 years

With co-offender robbed store – offender shot store employee during robbery at close range - motive to enable co-offender to escape after he had been lawfully captured - robbed second victim of a sum of cash while armed with pistol - above midline of objective seriousness.

Institutionalised - dysfunctional background – illiterate – drug abuse from young age - acquired brain disorder - substance abuse disorder - personality disorder

PERRY

(24)

[2016] NSWCCA 1562

Mathews AJ

PG

(12.5%)

17y 6m

NPP 13y

 Nil

Shooting

Reckless indifference

SNPP 20 years

Shot male 18y male known to offender - following argument agreed to meet to fight – shot victim in neck – had firearm because he was concerned for his welfare, given abusive messages sent by victim to offender - spontaneous act not premeditated - intention to frighten victim away - acted with reckless indifference rather than intent to kill or really seriously injure - significantly below midline of objective seriousness.

Good character – employed – supportive family – suffering serious spinal condition – special circumstances

MEAKIN (No.3)

[2016] NSWSC 1602

Davies J

VG

24y

NPP 18y

 Violence, driving whilst intoxicatedStruck by motor vehicle

SNPP 20 years

Offender drinking at hotel for 10 hours - involved in altercation with male in hotel – swung punch at victim after an exchange of unfriendly words – security guard intervened – victim left hotel to walk home – offender drove van from hotel – blood alcohol concentration estimated between .2 and .3 – van mounted gutter onto nature strip and struck victim at 50-60kph – victim killed almost instantly

Absence of remorse – alcohol and anger management problems

QUINN (No.3)

[2016] NSWCCA 1699

Beech-Jones J

VG

25y

NPP 20y

 Nil

Stabbing

Intent to kill

SNPP 20 years

Previously in long term relationship with victim – could not accept break up and after spending night together stabbed victim with kitchen knife in neck – immediately stabbed self in attempted suicide causing quadriplegia – mid- range offence – moral culpability slightly reduced by borderline personality disorder

Hardship in custody due to physical condition – permanently in hospital

HEJABIAN

(37)

[2016] NSWSC 1692

Hidden AJ

VG

21y

NPP 15y 9m

 Minor – breached bond

Assault / asphyxiation

Intent to kill

SNPP 20 years

Killed female girlfriend in her own home – developed obsessive relationship with victim - spontaneous act during argument – attempted suicide causing health issues – trial ran on basis of substantial impairment only – mental health did affect culpability

Suffering PTSD from treatment in home country of Iran – also struggling with wife suffering from schizophrenia

HAILE

(29)

[2016] NSWSC 1732

RS Hulme AJ

VG

32y

NPP 24y

 Possess unauthorised pistol and ammunition - possess of goods suspected stolen, supply drug – breached bond.Shooting

SNPP 20 years

Shot victim in back at night in car park – planned offence - joint criminal enterprise with co-offender who had previously been in relationship with victim – motive not clear and unusual - may have been $4,000 payment by co-offender to kill victim.

Refugee from Ethiopia – drug abuse - psychiatric disorder – earned high income as drug dealer.

DAVIS (No 2)

(26)

[2016] NSWSC 1785

RA Hulme J

VG

2 x Murder

 

 

 

Attempt murder

Indicative

30y

NPP 22y 6m

(each)

 

16y

NPP 12y

 

Aggregate:

40y

NPP 30y

 Nil

Injected with insulin

Intent to kill

SNPP 20 years

Nursing assistant injected aged care facility residents with insulin – vulnerable victims – extreme breach of trust - no specific motive known – callous offences – not spontaneous - well above midrange

Subjective circumstances do little to mitigate penalty - good character.

BLUNDELL

(21)

[2016] NSWSC 1810

(Hall J)

VG

10y

NPP 7y

 Armed rob

Tomahawk

Intent GBH

Accessory before the fact

Principal offender killed 33y male by assault and using tomahawk - offender not present – offence motivated by anger and sense of revenge toward victim for not having paid agreed share of money made from property they had all stolen together – offender and principal offender possessed shared intent to inflict GBH - offender encouraged and/or assisted principal.

Severe substance use disorder – special circumstances

HAINES (No.3)

(46)

[2016] NSWSC 1812

Garling J

VG

2 x murder

Indicative

30y

NPP 22y 6m

(each)

 

Agg

36y

NPP 27y

 Minor drug possession

Injected with insulin

Intent to kill

SNPP 20 years

Female nurse at aged care facility injected two residents with insulin shortly after being advised they had made complaint about her care – caused coma – aggravated by being committed in 'home' of victim, abuse of trust and vulnerable victims – deliberate and calculated act but short term planning – no prolonged pain and suffering – significantly above mid-range

Difficult childhood – previous findings of misconduct as a nurse and subject to reporting conditions at time of offending

SWAN

(31)

 

 

 

KIMURA

(50)

[2016] NSWSC 1819

N. Adams J

VG

26y 6m

NPP 19y 6m

 

 

 

23y

NPP 17y

 

Breached conditional liberty – assault offences

 

Minor

Assault

Intent GBH

SNPP 20 years

Two males broke into unit and stole property – agreement reached in unit to assault elderly male occupant – victim assaulted by S – died of injuries 8mths later – just above mid-range – S more culpable than K – aggravating factors: in company – in victim's home – vulnerable victim – S armed with large knife

S – Aboriginal with derived childhood

K – Maori – assaulted in gaol because gave evidence on sentence and in protection – fearful for life – facilitated trial

A. CHABARJI

(26)

 

 

 

 

H. CHABARJI

[2016] NSWSC 1867

Rothman J

VG

 

 

 

 

 

VG

32y

NPP 24y

 

 

 

 

36y

NPP 27y

 

Rob in company – AOABH - possess proh weapon

 

 

Robbery – assault - steal from person - AOABH in company – stalking - assault police officer - breach ADVO - dishonesty

Stabbing – assault - force-fed drugs

Joint criminal enterprise

SNPP 20 years

Brothers – male victim beaten by hand and ratchet, stabbed and force-fed lethal amount of drugs (Xanax) – dispute over money victim owed for drugs – bought suitcase and placed body inside – took body to remote area and poured kerosene over body - well-above mid-range in objective seriousness

AC: inflicted knife wound – inflicted beating (either by hand or ratchet) that caused further, unnecessary pain - involvement in "torture" greater than co-offender

HC: instigator – "owed" debt - lured victim to pub and brought him to apartment where murder took place

AC: psychiatric disorders including schizophrenia – difficult background – drug abuse – poor rehabilitation prospects

HC: difficult background – drug abuse – poor rehabilitation prospects

 Last updated 13.8.2018

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