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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
Victim Police Officer
Standard non-parole period (offences committed on or after 1.2.2003) - 25 years
ADAM (33) | [1999] NSWSC 144 Wood CJ at CL (1999) 47 NSWLR 267 [1999] NSWCCA 197 | VG | MT 21y AT 7y | AD | AOABH | stabbing / assault joint criminal enterprise | Group bashing of off duty police officer outside hotel. |
HEARNE (19) | [1999] NSWSC 605 Wood CJ at CL (2001) 124 A Crim R 451 [2001] NSWCCA 37 | PG Murder Mal wound W/I to do GBH | MT 20y AT 7y FT 6y (concurrent) | AA 18y NPP 13y FT 6y Total: 21y NPP 16y | insignificant | stabbing intent GBH | Stabbed two off-duty police after offering them illegal drugs and they asked for identification - seeking to prevent apprehension - impulsive - not aware police officers. Remorse - surrendered self to police - youth. |
HOLTON (25) | [2002] NSWSC 775 Davidson AJ [2004] NSWCCA 214 | VG Murder Sched: 5 lesser offences | 16y NPP 12y | Crown AD | extensive, although nothing as serious | driving reckless indifference | While driving stolen vehicle passenger committed bag snatch - subsequently became involved in high speed police pursuit - struck police officer attempting to stop car by placing road spikes and stick on road Troubled childhood - sexually assaulted – remorse |
PENISINI (24) | [2003] NSWSC 892 Wood CJ at CL [2004] NSWCCA 339 | PG Murder Unauth use of firearm Car jacking | 34y NPP 23y FT 5y FT 6y Total: 36y NPP 25y | Crown AD | Serious violent offences – breached parole | Shooting Intent to kill | Deliberate shooting of police officer during attempt to apprehend stolen car containing four offenders – fired five shots through driver window of police car – attempted to take second car at gunpoint to facilitate escape – no premeditation or planning Tongan – genuine remorse – element of dangerousness to community Co-offenders M and J Taufahema sentenced for manslaughter |
JACOBS (No.9) (49) | [2013] NSWSC 1470 Button J | VG | Life | | Lengthy - driving, multiple AR. | Shooting Intent to kill | SNPP 25 years Shot police officer – victim followed offender in police vehicle suspecting offender driving disqualified – both stopped then offender shot victim in chest at close range (3 metres) – motive unable to be determined. Drug abuse – learning difficulties as child. |
M BARBIERI (19) | [2014] NSWSC 1808 Hulme J [2016] NSWCCA 295 | PG (15% on appeal) Sched: 4 offences | 35y NPP 26y | AA 21y 3m NPP 15y | nil | Stabbing Intent to Kill | SNPP 25 years Male lived with mother on rural property - relationship with neighbour became antagonistic – fired crossbow at workers on neighbour's property – siege developed between police and offender and mother – attacked police with knife and sledgehammer – police officer fatally stabbed - mother was dominant offender Mother pleaded guilty to manslaughter Mother suffered serious mental illness causing paranoia and social isolation for both offenders – offender also developed serious mental illness - mandatory life sentence does not apply because of serious cognitive impairment |
Last Updated: 25.6.2018
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