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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 - Section 19A

Killing of Parent

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 Killed

Involvement & Summary

VERNEY

(16)

NSWCCA

23.3.1993

VG

2 x Murder

MT 13y

AT 7y

ADminorshot

Shot mother and baby sister - claim of mercy killing

Diminished responsibility rejected

VICTORSEN

(24)

[1999] NSWSC 913

Hidden J

PG

MT 13y

AT 5y

 minor drug related charges

assault

intent kill

Savage and unexplained attack on father with metal pipe

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

DE GRUCHY

(2000) 110 A Crim R 271

[2000] NSWCCA 51

VG

3 x murder

MT 21y

AT 7y

(each – concurrent)

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

RITCHIE

(55)

[2003] NSWSC 864

Barr J

VG

15y

NPP 11y 9m

 Nil relevantSuffocation

Suffocated elderly mother – hid body in bush and claimed mother had wandered off – under stress of caring for dying mother – gross breach of trust – only issue at trial was mental health

Good prospects of rehabilitation – ill health

GONZALES

(20)

[2004] NSWSC 822

James J

 

(2007) 178 A Crim R 232

[2007]NSWCCA 321

VG

3 x Murder

LifeADNil

Stabbing - striking and strangling

Intent to kill

Stabbed father, mother and 18y sister in their home - made it look like racially motivated attack – premeditated – tried to poison mother 10 days before murder

False alibi – no mitigation of objective seriousness of offence – no contrition – risk of dangerousness

DOLAN

(39)

[2005] NSWSC 380

Kirby J

PG

Murder

(15%)

15y 4m

NPP 10y 3m

 MinorAssault

Bludgeoned sleeping stepmother with axe – no history of dispute – little explanation for offence - overreaction to complainant's comments – spontaneous

Deeply affected by father's recent death – contrition – suffering serious medical conditions – protective custody – limited life expectancy

KRAMER

(43)

[2005] NSWSC 910

Buddin J

PG

(20%)

2 x Murder

17y

NPP 11y

(each)

 

Total:

21y 6m

NPP 15y 6m

 NilStabbing

Female - killed elderly parents during argument – hid bodies under house – spontaneous offence

Schizophrenia and alcoholism – remorse

WEIGHTMAN

(20)

 

 

 

 

Co-offender:

DONAI [2008]

[2005] NSWSC 1354

Hidden J

PG

(combined 30%)

2 x Murder

25y

NPP 19y

(each)

 

Total:

28y

NPP 22y

 Minor

Asphyxiation

Intent to kill

Killed adoptive parents for financial reasons – planned killing with co-offender – victims sedated in own home and smothered – bodies placed in car crash scene – co-offender killed mother – assisted in killing of father

Early stages of mental illness at time of offences – influenced by drugs and co-offender – favourable prospects of rehabilitation

PARKES

[2006] NSWSC 331

James J

PG

(20%)

18y

NPP 13y

 Armed robbery

Assault

Intent to kill

SNPP 20 years

Bashed 83y mother with water pipe – frustrated with caring for mother – premeditated

Mental disorder affecting imprisonment

OWENS

(32)

[2008] NSWSC 1375

McCallum J

PG

(10%)

23y

NPP 17y

 Nil

Stabbing

Intent to kill

SNPP 20 years

Stabbed 69y mother in her bed – timing of premeditation and motive unclear – previously considered killing mother – no remorse – high end of mid-range

Prospects of rehabilitation

CLARK

(21)

 

 

 

Co-offender

CLARK [2008]

[2007] NSWSC 954

Patten AJ

 

[2012] NSWCCA 158

PG

(15-20%)

20y

NPP 14y

 Nil

Shooting

Intent to kill

SNPP 20 years

Deliberately shot grandfather at his home after watching TV with victim – execution style killing – motive unclear – acting with father – premeditation – towards upper end of scale of seriousness

Good character – prospects of rehabilitation

CLARK

(42)

 

 

 

Co-accused:

CLARK [2007]

[2008] NSWSC 795

Kirby J

 

[2010] NSWCCA 94

VG

30y

NPP 24y

Conviction ADSignificant

Shooting

Intent to kill – joint criminal enterprise

SNPP 20 years

Recruited 21y son to shoot grandfather – son visited victim at home and shot him in head – financial motivation as well as other emotional issues – planning - above mid-range seriousness

Suffering brain damage from motor vehicle accident and physical illnesses

MJR

(17)

[2010] NSWSC 653

Johnson J

PG

(15%)

16y 2m

NPP 11y 1m

  Shot

Shot father whilst asleep at close range to back of head – no real evidence of abuse by father - bottom of middle range of objective seriousness

Mental health - juvenile bipolar disorder and depression, affected judgment and contributed to commission of offence - recommendation offender be detained in Forensic Hospital for as long as reasonably possible

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

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.

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

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

RHODES

(35)

[2017] NSWSC 964

Campbell J

PG

(25%)

Murder

 

Murder

 

 

Assault

 

Assault police

 

Sched:

Property damage

Resist arrest

Indicative

24y

NPP 18y

 

30y

NPP 22y 6m

 

14m

 

2y

 

Total:

40y

NPP 30y

 Violence against mother

Assault and stabbing

Intent to kill

SNPP 20 years / SNPP 25 years

Returned home after drinking and using drugs during day – ice-induced psychosis – chased mother out of house stabbing her multiple times then crushing skull with concrete statue – returned to house and stabbed young male relative in chest with knife – threw him against wall and chased him outside smashing his head with sandstone paver – sustained and persistent although spontaneous assaults – approached and threatened female stranger in her car – threatened male police officer with fibro-cement meter cover – offences conducted in presence of other young children – home of victims – abuse of trust – well above midrange offences

Aboriginal with abusive father – long history of drug addictions – suffering ADHD and dyslexia resulting in easy recourse to violence when angry – some remorse

MARTIN

(25)

[2018] NSWSC 84

Hamill J

VG

Murder

 

 

s.27

 

 

s.33

Indicative

32y

NPP 24y

 

15y

NPP 11y 3m

 

8y

NPP 6y

 

Agg

37y

NPP 27y 9m

 No significant recordStabbing

NPP 20 years

Killed father for insurance money / policy - took out three insurance policies over father's life unknown to father or family - initial attempt to kill unsuccessful – s.27 and s.33 offences committed in home of father and victim M – left two victims with life-threatening injuries – acted with at least one, and possibly two, other people in carrying out attack.

Murder committed shortly after father released from hospital – used with samurai sword.

Offences substantially above mid-range – grave offences of violence – planned and premeditated attack

Childhood neglect and abuse at hands of father - depressive illness

MOTTRAM

(19)

[2018] NSWSC 873

Hidden AJ

PG

(25%)

18y

NPP 13y 6m

 nil

stabbing

Intent to kill

NPP 20 years

While staying with mother snapped – assaulted her with bottle then stabbed her multiple times including in face – suffering borderline personality disorder and substance induced psychosis – mother had history of mental illness resulting in difficult childhood and difficult relationship

Remorse

Last Updated: 25.6.2018

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