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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 - Killings in Context of Gangs

Standard non-parole period (offences committed 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)

DatePleaSentenceAppealRecordHow KilledInvolvement & Summary
ROSE[1999] NSWCCA 327

PG

5 x murder

LifeADnot stated

Not stated

Intent to kill

5 gangland / contract murders - facts not stated.

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

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

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

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

GEORGIOU

(33)

 

 

 

HARRISON

(39)

[2003] NSWSC 1240

Greg James J

 

(2005) 153 A Crim R 288

[2005] NSWCCA 189

VG

3 x murder

 

 

 

VG

3 x Murder

33y

NPP 28y

(each – concurrent)

 

33y

NPP 28y

(each – concurrent)

Conviction AD

traffic matters

 

 

 

 

nil

shooting

intent kill

Shooting of four members of Bikie Club by member and ex-member of rival Club in basement of café - close range - deliberate executions but unable to determine if pre-planned.

G: father to young child - good character evidence - concurrent sentence for contempt for refusal to answer question in cross-examination.

H: father to young daughter - positions of responsibility in gaol

Earlier conviction at trial quashed on appeal:

[2000] NSWSC 287 Dowd J

[2001] NSWCCA 464

D.NGUYEN

(22)

[2006] NSWSC 850

Hulme J

 

(2007) 180 A Crim R 267

[2007 NSWCCA 363

VG

Murder

 

 

s.33

31y

NPP 23y

 

 

9y 4m

NPP 7y

 

Total:

33y

NPP 25y

AA

27y 4m

NPP 20y

 

9y 4m

NPP 7y

 

Total:

29y 4m

NPP 22y

drugs and driving offences

Shooting

Intent to kill

SNPP 20 years

Four offenders entered Billiards Hall armed with gun and samurai sword – walked up to group partying and shot dead female and injured male – wrong victim – motivation unclear – cold-blooded execution – brazens offence – substantially above mid-range offence – equal culpability

Other offenders conviction quashed on appeal

DARWICHE

(26/28)

 

 

 

 

 

 

 

 

EL-ZEYAT

(23)

 

AOUAD

(22)

[2006] NSWSC 1167

Bell J

 

[2011] NSWCCA 62

(conviction appeals)

 

[2015] NSWCCA 196

(Sentence appeals - El-Zeyat, Aouad)

VG

Mal discharge firearm W/I

 

Shoot W/I to murder

 

2 x Murder

 

 

2 x Murder

 

 

2 x Murder

2 x Life

 

 

 

 

 

 

 

 

 

2 x Life

 

 

2 x Life

Conviction AD

 

 

 

 

 

 

 

 

 

Sentence AD

 

 

Sentence AD

Relatively minor – breached bond

 

 

 

 

 

 

 

 

Relatively minor

 

 

Relatively minor – Breached bond

Shooting

Intent to kill

SNPP 20 years

Ongoing dispute between two families originally over drug business – ongoing violence

June 2001 – D entered bedroom with co-offender - fired five shots at male – intent to kneecap not kill – serious injuries

July 2003 – D and co-offender fired 55 round from SKS semi-automatic rifles at house after luring out occupants – no one injured

Aug 2003 – D, E and A fired at second house using SKS rifles and pistols –sleeping female and male killed

(co-offender remitted for sentence after 2015 appeal)

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.

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% combined)

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

F. QUAMI

(34)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

M.QUAMI

NK

[2017] NSWSC 774

Hamill J

VG

Murder

 

2 x s.33(1)(b)

(GBH/GBH)

 

Consp to murder

 

2 x Solicit

murder

 

Attempt murder

 

s.93G(1B) – fire at dwelling

 

3 x unauth poss firearm

 

Unauth poss firearm

 

Supply lge comm qty drugs

 

s.93T(4A) direct criminal group

 

VG

(at trial – 10% for offer)

Manslaughter

Indicative

45y NPP 33y 9m

 

10y NPP 7y 6m

(each)

 

12y NPP 9y

 

12y NPP 9y

(each)

 

12y NPP 9y

 

6y NPP 4y 6m

 

 

4y NPP 3y

(each)

 

6y NPP 4y 6m

 

 

6y NPP 4y 6m

 

 

8y

 

 

 

14y

 

Agg

60y

NPP 43y

 Lengthy record

Shooting

Joint criminal enterprise / intent to kill

SNPP 20 years

Leader of criminal gang - murder committed for contract payment of substantial amount of money – gave orders and supplied weapons

Directed 4 shooting incidents over one month – premeditated and planned incidents in

context of violent gangland war – co-offenders included brothers

Manslaughter act of excessive self-defence after hearing about contract put out on life by rival gang – shooters opened fire on garage of suburban house – one occupant killed and second seriously injured – victim mistaken identity based on poor description by offender

Five days later shooting of rival gang member at his home – seven shots fired – motivated by concern for safety in view of earlier shooting

Next day shooting of second male from rival gang at his home – teenage girl suffered serious and permanent injuries

Ordered drive by shooting at home of mother of intended victim – on arrival shooter hesitated due to presence of women and children and shot at group of gang members nearby injuring one

Found in possession of 1,894.4g relatively new psychoactive substance

Refugee from Afghanistan – suffered extreme and traumatic violence as a child – continued to suffer trauma in India and later in Australia under father and as witness to school killing – early drug abuse – PTSD, substance abuse disorder and anti-social personality disorder – some reduction in moral culpability but also dangerousness – harsh custodial conditions

No life sentence because of subjective features

M. QUAMI

(32)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

F.QUAMI

NK

[2017] NSWSC 774

Hamill J

VG

Murder

 

2 x s.33(1)(b)

 

 

Consp murder

 

Solicit murder

 

Solicit murder

 

Attempt murder

 

3 x shoot with intent to murder

 

s.93G(1B) – fire at dwelling

 

2 x unauth poss firearm

 

Supply lge comm qty drugs

 

s.93T(4A) direct criminal group

 

VG

Manslaughter

 

 

 

 

 

PG

Contempt

Indicative

38y NPP 26y

 

8y NPP 6y

(each)

 

10y NPP 7y 6m

 

12y NPP 9y

 

10y NPP 7y 6m

 

10y NPP 7y 6m

 

12y NPP 9y

(each)

 

6y NPP 4y 6m

 

 

4y NPP 3y

(each)

 

4y NPP 3y

 

 

3y

 

 

 

12y

 

Agg

50y

NPP 36y

 

10m

(accumulated)

 Early record – seven year gap prior to these offences

Shooting

Joint criminal enterprise / intent to kill

SNPP 20 years

Member of criminal gang – brother to leader - murder committed for contract payment of substantial amount of money – involved in arranging shooters and weapons

Involved in arranging 5 shooting incidents over one month – premeditated and planned incidents in the context of violent gangland war

Manslaughter act of excessive self-defence after hearing about contract put out on life of brother by rival gang – shooters opened fire on garage of suburban house – one occupant killed and second seriously injured – victim mistaken identity based on poor description by brother

Five days later shooting of rival gang member at his home – seven shots fired – motivated by concern for safety in view of earlier shooting

Next day shooting of second male from rival gang at his home – teenage girl suffered serious and permanent injuries

Arranged shooting of rival gang member without knowledge of brother – two males shot and injured waiting in car outside cafe

Involved in arranging drive by shooting at home of mother of intended victim – on arrival shooter hesitated due to presence of women and children and shot at group of gang members nearby injuring one

Found in possession of 1,894.4g relatively new psychoactive substance

Contempt – violent attack on co-accused in court

Refugee from Afghanistan – suffered extreme and traumatic violence as a child – suffering anxiety disorder and depressive illness – reasonable prospects of rehabilitation – harsh custodial conditions

WESTERN

 

 

 

 

 

 

Co-offender:

ROLFE [2017]

[2017] NSWSC 1385

Rothman J

VG

34y

NPP 25y 6m

 Significant

Shooting

Intent GBH

SNPP 20 years

Sergeant at arms of Bikie Club – with two others attended workshop of victim with intent to cause GBH – dispute over bike belonging to victim and seized by Club – shot victim twice in stomach and groin – not contract killing but assertion of authority – well above mid-range

Disturbed and abusive childhood – significant psychological issues

ROLFE

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

WESTERN [2017]

[2017] NSWSC 1393

Rothman J

PG

(slightly above 50% plea and assist)

 

Murder

 

Possess firearm

 

Sched:

Possess ammo

13y

NPP 8y 6m

 

 

 

 

 

7y 4m

NPP 5y 6m

 

Total:

13y

NPP 5y 8m

 Includes inflicting grievous boldly harm

Shooting

Intent GBH – Joint criminal enterprise

NPP 20 years

New member recruited by Sergeant at arms of Bikie Club to 'touch up' victim – arranged cars to travel to victim's workshop - attended workshop with intent to cause GBH – dispute over bike belonging to victim and seized by Club – co-offender shot victim twice in stomach and groin – not contract killing but assertion of authority – offender carried gun but did not intend to use it – less culpable than shooter – offence well above mid-range

Believed would be subjected to discipline if did not accompany co-offender – significant assistance resulting in protective custody and witness protection - remorse

Last Updated: 25/6/2018

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