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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 - Offences committed prior to 1999

Sentenced after 2000

The following cases involve the imposition of sentences after 2000 for offences committed before 1999. Since other murder sentence tables are grouped according to the year a sentence is imposed, this table assists in identifying old offences for the purpose of comparative sentencing.

The cases are ordered according to the time of the offence.  

NAME
(age if known)

DATE REFPLEASENTENCEAPPEALSUMMARY OF RECORDHOW KILLEDINVOLVEMENT & SUMMARY

ADAMS

(31 at offence – 64 at sentence)

[2017] NSWSC 179

(Button J)

 

[2017] NSWCCA 215

VG

20y

NPP 15y

Conviction ADRape conviction prior to murder – committed in similar circumstances – nil relevant convictions since murder

Asphyxiation

Constructive murder

(1983) gave lift home to female stranger from wine bar – falsely claimed to be police officer – placed fatal pressure on windpipe in attempt to force intercourse – disposed of body

Long standing tendency to strangle women who resisted sexual advances – no subjective material placed on sentence – minimal discount for delay

FLEMING

(30)

[2007] NSWSC 673

Studdert J

VG

21y

NPP 16y

 One prior for rape in 1976Strangulation

(1984) - Predator took female walking home from car at night – strangled then sexually assaulted body

Physical disability including amputated leg – serious personality disorder

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

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

STONE

(31 at offence / 44 at sentence)

(2004) 144 A Crim R 568

[2004] NSWSC 224

Grove J

PG

21y

NPP 15y 9m

 Lengthy – breached parole – dealt with for attempt to commit similar offence 5 years laterStrangulation

(1990) Broke into home during day attempting to escape pursuit – intoxicated and drug affected – formed intent to commit sexual assault – stripped female occupant and tied her to bed – strangled with football sock – gratuitous violence - 5 years later threatened 26y daughter of de facto with similar violence – subsequent DNA match to murder

Deprived childhood as ward of state – serious health problems – future dangerousness – more lenient sentence pattern for murder at time of offence

AFU

(23 at offence – 51 at sentence)

[2018] NSWSC 1127

RA Hulme JA

VG

Murder

20y

NPP 15y

 significant record at time of offending

Stabbing

intent to kill

(1990) paid $10,000 by co-offender to kill wife in staged break in – entered house through balcony left unlocked by co-offender and stabbed victim 23 times – high range – co-offender Caleo convicted of solicit to murder

Born in Tonga – difficult childhood in poverty – substance abuser since teenage years – at time of offending immersed in criminal world – subsequently returned to Tonga, married and has six children – good prospects of rehabilitation – isolation from family

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

BURRELL

(42 at offence – 55 at sentence)

[2008] NSWSC 30

Kirby J

 

[2009] NSWCCA 193

VG

28y

NPP 21y

Conviction ADMinor at time of offence – conviction for subsequent murder

Unknown

Intent to kill

(1995) Owed money to 74y female friend of family – unable to repay loan - invited her around to house – circumstances of murder known – body never found – planning
ANDERSON[2006] NSWCCA 156VG

17y

NPP 11y

AD Strangulation

(1995) strangled husband with cord and buried him under house – premeditated offence

Deteriorating health – advanced age – two trials

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

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

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

FESUS

(27 at offence – 48 at sentence)

[2018] NSWSC 176

Johnson J

VG

22y

NPP 16y 6m

 nil record – before or after murder

Strangulation

Intent to kill

(1997) killed 18y wife during argument over victim leaving – strangled victim and buried body near beach – two young children present in house – maintained wife had left him – made anonymous phone calls as to whereabouts of body when required to prove wife dead for social security

Suffering cancer in remission

KALIYANDA

(41 – 51)

[2007] NSWSC 393

Grove J

 

[2007] NSWCCA 300

VG

20y

NPP 14y

ADNo significant prior convictionsAsphyxiation

(1997) Killed female acquaintance in flat by strangulation or smothering – body wrapped and left under bed covering – body not discovered for 17 days – used victims credit card to steal money – circumstances and motive for killing unclear

Poor health

BUNCE

(37 at offence) – (47 at sentence)

[2007] NSWSC 469

Price J

 

[2009] NSWCCA 281

PG

(25%)

24y

NPP 18y

ADCriminal record

Strangulation

Intent to kill

(1997) Strangled sister-in-law – victim tied to bed in preparation for voluntary pornographic video – voluntary sexual intercourse - carefully planned offence – intent to kill prior to travelling to house – revenge – high degree of criminality

Psychopathic personality

VALIUKAS

(33 at offence – 43 at sentence)

[2009] NSWSC 808

Hulme J

VG

18y

NPP 13y 6m

 nilStrangled

(1999) Strangled former partner in her home during argument –volatile relationship – suffering dissociative episode at time of killing – visions of violent father and person who molested him as a child – not fully aware of acts - spontaneous offence - took body and children to mother's house and hid body in shed – lied about disappearance of victim – confessed to police 9 years later – offence below mid-range

Prior good character – difficult custodial conditions

Last updated: 13.8.2018

 

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