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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

During Robbery

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)

DatePleaSentenceAppealRecordHow KilledInvolvement & Summary

McCABE

(19)

NSWSC

Abadee J

14.12.1990

 

NSW CCA

14.10.1991

PG

MT 15y

AT 5y

AA

MT 9y

AT 7y

minorstabbed

Repeatedly stabbed elderly neighbour while attempting to rob.

Mother of young baby.

CALLEJA

(17)

NSWSC

Slattery AJ

19.7.1991

VG

Murder

 

PG

Rob

 

2 x Obtain by deception

MT 15y

AT 5y

 long record armed robbery, kidnapping

strangulation

reckless indifference

Robbery - tied elderly lady up in house - took chequebook and withdrew money.

Escapee at time of offence.

O'HELLO

(23)

NSWSC

Finlay J

31.3.1992

VG

Murder

 

Enter dwell w/i and armed

MT 12y

AT 4y

 steal, malicious damageshootingShotgun robbery at private home

MTD

(16y 8m)

 

 

 

 

S McAULIFFE

(17y 11m)

 

 

 

D McAULIFFE

(16y 10m)

NSWSC

Wood J

7.8.1992

 

NSWCCA

(1993) 70 A Crim R 303

 

HCA

(1995) 69 ALJR 621

PG

Murder

 

Malicious wounding

 

VG

Murder

 

Rob/wound

 

VG

Murder

 

Mal wound w/i GBH

MT 11y

AT 8y

 

 

 

 

MT 12y

AT 8y

 

 

 

MT 12y

AT 8y

 

 

 

 

 

 

Conviction AD

 

 

 

 

Conviction AD

lengthy, including assault

 

 

 

 

nil

 

 

 

 

nil

assault / drowning

common criminal enterprise to assault

Attacked two men with intent to rob at night in park – one man assaulted with hammer, punched and kick - one fell over the cliff in attempt to escape

JERRARD

(21)

 

 

Co-offender:

LIVERMORE

NSWSC

Hunt CJ at CL

21.12.1992

PG

MT 9y

AT 3y

 Record for malicious damage, assaults, BES, unlawful use of motor vehicles

Assault

Intent GBH

Assaulted male occupant of house while stealing car – extraordinary injuries – left victim tied up

Aboriginal

CATON

(18)

 

 

 

 

McDONALD

(19)

NSWSC

Levine J

12.3.1993

 

NSWCCA

18.8.1994

(McDonald)

VG

Murder

 

PG

Rob in Co

 

PG

MT 10y

AT 5y

 

 

 

 

MT 18y

AT 6y

 

 

 

 

 

 

AA

MT 15y

AT 7y

minor

 

 

 

 

 

no violence but lengthy dishonesty.

shooting

common purpose robbery

intent kill

Intending to steal taxi told driver to get out and run - shot to prevent identification.

RYAN

(29)

NSWSC

Abadee J

7.5.1993

 

(1995) 90 A Crim R 191

PG

Murder

 

Steal from dwelling

 

Steal car

MT 14y

AT 6y

AD cut throat

Broke into neighbour's unit and cut his throat with a knife - later stole goods and car

Had been drinking heavily.

O'BRIEN

(19)

NSWCCA

10.6.1993

PG

MT 10y

AT 6y

Crown AA

MT 12y

AT 6y

BES – stealing – AOABH - mal damage

shooting

felony murder

Entered bedroom with loaded rifle and shot victim when challenged.

Crown appeal - withdrew offer to assist

McGARRITY

(28)

 

 

 

 

 

CLARK

(33)

NSWSC

Newman J

16.7.1993

 

NSWCCA

10.6.1994

 

NSWSC

Newman J

5.11.1993

VG

Murder

 

Rob/wound

MT 12y

AT 8y

 

 

 

 

 

MT 10y

AT 6y

ADassault, drugs, driving.

assault

intent GBH

Set upon victim to rob him.

LORENZO

(33)

NSWSC

Dunford J

26.11.1993

 

NSWCCA

22.5.1995

 

[2001] NSWCCA 389

VG

MT 17y

AT 5y 6m

Conviction AD

 

 

 

 

 

 

Sentence AD

seriousassault / strangulation

Robbery and murder of female in her home

Some assistance to authorities.

MORGAN

(22)

(1993) 70 A Crim R 368

PG

Murder

 

BES

 

AR

MT 14y

AT 6y

ADpoor

assault

intent GBH

Killed shop owner sleeping in shop to protect property - repeated bashing with wood

LIEW

(49)

 

LIM

(33)

NSWCCA

24.12.1993

PG

 

 

VG

Murder

 

s.90A

MT 20y

AT 6y

 

MT 18y

AT 6y

AD

 

Armed robbery in Malaysia

 

Nil

shootingKilling of Dr Chang – pulled over victim driving to work - Liew shot victim when he refused to give them money

MALONE

(30)

NSWCCA

20.4.1994

VG

MT 15y

AT 5y

Conviction ADlengthy - BES, possess weapon, escapeassault / strangulation and drowningVictim tortured for bank pin - thrown in lake with weights

MILLS

(23)

NSWSC

Wood J

26.5.1994

 

NSWCCA

3.4.1995

VG

MT 16y

AT 7y

ADlengthy record

shooting

felony murder

Shot customer during robbery of liquor store when owner not resisting and customer backing away - gun discharged in panic/excitement

FOWLER

(23)

NSWSC

Blanch J

27.5.1994

VG

MT 8y

AT 4y

  

strangulation

common purpose robbery

During robbery of taxi driver co-offender strangled victim with cord of handset

BROUGHTON

(29)

NSWSC

Smart J

30.5.1994

PG

MT 14y

AT 6y

 extensive priors including gaolstabbing

Broke into house believing it to be empty - stabbed 54y female occupant eight times

Full admissions - on protection

WARNER

(41)

NSWCCA

10.6.1994

VG

Murder

 

AR

MT 15y

AT 5y

ADlengthy – BESshootingKilling of school teacher during liquor shop robbery

SULLIVAN

(30)

NSWSC

Simpson J

14.7.1994

 

NSWCCA

22.8.1995

VG

Murder

 

AOABH

MT 10y 6m

AT 3y 6m

Crown ADrecord for violence and dishonesty

assault

intent GBH

Killed 78y old during robbery.

Aboriginal with deprived background

LIVERMORE

(46)

 

 

Co-offender:

JERRARD

NSWCCA

2.3.1995

VG

MT 12y 6m

AT 4y 2m

Convict ADlengthy including property offences, sex assault on young boys, assaultassault

Bashed to death an old man after trying to steal his car.

Sentence cumulative to existing sentence for sexual offences

PILLER

(20)

 

 

KRAMER

(23)

NSWSC

Dowd J

6.7.1995

 

NSWSC

Dowd J

29.11.1995

VG

 

 

 

PG

MT 13y

AT 5y

 

 

MT 11y

AT 4y

 

Nil

 

 

Assault, dishonesty as a juvenile

Shooting

Felony murder

Shooting of Pizza Hut employee during armed robbery with shotgun – K waited in car

GIESELMANN

(15)

 

 

 

 

 

 

 

 

SHERWOOD

(17)

NSWSC

Studdert J

3.11.1995

 

NSWCCA

12.11.1996

 

NSWCCA

13.7.1998

 

NSWSC

Studdert J

3.11.1995

 

NSWCCA

24.7.1998

VG

 

 

 

 

 

 

 

 

 

VG

MT 12y 6m

AT 5y 6m

 

 

 

 

 

 

 

 

MT 12y 6m

AT 5y 6m

Conviction AD

Sentence AD

 

 

 

 

 

 

 

 

Conviction AD

Nil

 

 

 

 

 

 

 

 

 

assault and dishonesty

stabbing

intent kill

Stabbing of female youth worker at youth refuge – robbery - savage attack - fourteen stab wounds.  Although both involved equally in stabbing, G played a more primary role in planning.

G:  tragic background left her with no "moral control" and "an uncaring attitude".

PREVITERA

(1997) 94 A Crim R 76

NSWSC

Hunt CJ at CL

27.5.1997

PG

MT 20y

AT 5y

 long record, including bag snatch on elderly womanstrangulationStrangled 81y female neighbour, then robbed her - motive for murder unclear.

JB

(15y 11m)

 

 

 

RJH

(17y 10m)

Hunt CJ at CL

20.11.1997

 

 

 

Hunt CJ at CL

25.11.1997

 

[1999] NSWCCA 93

PG

 

 

 

 

PG

MT 11y

AT 5y

(20% assistance)

 

MT 12y

AT 6y

AD

 

 

 

 

AD

appalling, including violence

 

 

bad record, including violence

assault

felony murder

Cousins robbed commuter walking home from train station - struck head with rock.

H less culpable.

HOOKER

(17)

[1999] NSWSC 896

Barr J

PG

Murder

 

Rob with violence

 

Rob with violence

MT 7y

AT 6y

 

FT 3y

 

 

MT 3y

AT 2y

 

Total:

MT 10y

AT 6y

 drug related offencesstabbing

Went to flat to purchase heroin with six friends – victim stabbed in chest three times with knife found at flat.

Prospects of rehabilitation.

ZAMMIT

(1999) 107 A Crim R 489

[1999] NSWCCA  65

VG

Murder

 

AR

MT 18y

AT 6y

 

FT 10y

Conviction AD 

shooting

intent GBH

Female shot taking money from service station in car with her son – offender leaned into car and demanded money – victim resisted and shot in cheek.

D PRIVETT

(27)

 

 

M PRIVETT

(29)

[1999] NSWSC 1076

B-Parker AJ

 

(D Privett)

[2001] NSWCCA 518

VG

MT 14y 6m

AT 3y 3m

 

 

MT 11y

AT 3y 8m

AA

17y 9m

NPP 13y 4m

minor

 

 

 

long record reflecting trouble childhood

shooting

intent kill

common purpose or joint criminal enterprise

Shot victim during robbery at property - no premeditation - D fired fatal shot at close range and greater culpability

PETRINOVIC

(39)

[1999] NSWSC 1131

Greg James J

 

[2001] NSWCCA 118

PG

MT 20y

AT 7y

ADin gaol most of adult life - multiple AR

shooting

felony murder

Shot customer in struggle during robbery of bottle shop.

ROBINSON

(17)

[2000] NSWSC 972

Adams J

 

[2002] NSWCCA 359

PG

45y

NPP 35y

AA

45y

NPP 27y

 

assault with bowling pin

intent kill

Accompanied stranger home with intention to at least assault and rob - bashed victim with bowling pin then stabbed and mutilated body.

Boasted of killing to friends - extremely dangerous and disturbed person.

DARGIN

(24)

[2000] NSWSC 710

Ireland J

PG

19y

NPP 14y

 long history of dishonesty and violence - on bail at time of offence

assault

intent GBH

Bashed 72y female to death in her home - brutal sexual assault - initial motivation was robbery.

Aboriginal offender.

TON

(21)

[2000] NSWSC 1023

Adams J

PG

(20%)

22y

NPP 14y

  stabbingStabbed male with pocket knife attempting to apprehend offender after robbery of young female in street - offender mistakenly thought victim was a police officer.

MCNELLEE

 

 

TUCKER

(33)

 

DALLEY

(16)

 

Co-offender:

BREWER [2001]

[2000] NSWSC 1154

Bell J

 

 

 

 

(2002) 132 A Crim R 169

[2002] NSWCCA 284

(Dalley)

PG

(25%)

 

VG

 

 

VG

14y

NPP 10y 6m

 

13y

NPP 9y

 

10y

NPP 6y

 

 

 

 

 

 

Conviction AD

minor

 

 

nil

 

 

nil

stabbing

common purpose robbery

Offenders involved in common purpose to rob victim of cannabis while armed with knives, mattock handle and machete - victim stabbed 21 times by fourth offender - all offenders played subsidiary role

Good prospects of rehabilitation.

BOWEN

(33)

NSWSC

Howie J

15.12.2000

PG

18y

NPP 13y 6m

 minor criminal record - two assault offence related to mental condition

assault

intent to kill

Beat caravan park manager to death with wooden baton and fire tongs in own home - requested money from victim and when met with resistance reacted with a frenzied attack - not premeditated to any significant extent.

Effected by deteriorating mental state at time - depression - aggravated by drugs and alcohol

ROBINSON[2001] NSWCCA 180

PG

Murder

 

10 x AR

MT 15y

AT 5y

AD 

shooting

limited intent to kill

Carefully planned armed robbery of computer store - shot manager during struggle.

PHUNG

(17)

[2001] NSWSC 357

Wood CJ at CL

PG

(25%)

Murder

 

s.97(2)

 

Sched:

2 x AR in Co

Possess unauth firearm

13y

NPP 8y

 

 

FT 3y

 

Total:

14y

NPP 9y

 some prior and subsequent offences

shooting

felony murder

With co-offender robbed two males at entertainment arcade of various personal property - used .32 calibre weapon wrapped in towel – shooting occurred during second robbery committed five hours later – shot male attempting to aid victim of robbery in chest

Deprived childhood resulting in living on streets and drug addiction at early age - no contact with any family - good rehabilitation since custody.

WRIGHT

(25)

[2001] NSWSC 1050

Adams J

PG

Murder

 

Sched:

Aggravated rob with wounding

22y

NPP 15y 6m

  stabbing

Stabbed middle aged woman in own home - broke into home intending to rob victim - killed victim to prevent identification - previously worked for victim and husband - premeditated, cowardly and brutal attack.

Troubled childhood - some prospects of rehabilitation - relative immaturity

WHITFIELD

(17)

[2001] NSWSC 876

Adams J

 

[2002] NSWCCA 501

VG

20y

NPP 13y

Conviction and sentence ADlengthy criminal record

stabbing

intent GBH

Went armed with knives to victim's house with three others to commit robbery - stabbed victim three times probably in panic to escape.

Disturbed and troubled childhood displaying early signs of behavioural difficulties - aboriginal.

SYMSS

(24)

[2001] NSWSC 1037

Howie J

 

[2003] NSWCCA 77

VG

Murder

 

Rob w/ wounding

 

LMV

22y

NPP 16y 6m

 

FT 5y

 

 

FT 2y

(all concurrent)

Conviction ADpriors including armed robbery

suffocation

intent to kill

Suffocated 73y female in own home during robbery - attempted to stab victim in neck

No remorse

COLLISSON

(31)

[2002] NSWSC 229

Whealy J

 

(2003) 139 A Crim R 389

[2003] NSWCCA 212

VG

24y

NPP 18y

Conviction ADno history involving violence

shooting

intent to kill

Shot young male stranger enjoying evening with girlfriend in park - 4-5 shots - robbery gone wrong

CHAN

(19)

[2002] NSWSC 544

Ireland AJ

VG

14y

NPP 9y

 nilshooting

Shot service station operator in chest after victim had verbal exchange with offender's friend

Substantial impairment defence rejected - suffering Tourette's syndrome, obsessive compulsive disorder and schizophrenic psychosis - also aggressive and given to acting impulsively and recklessly - capacity to control self substantially impaired but not so as to reduced offence to manslaughter

Native of Hong Kong - family support - delay - prospects of rehabilitation

HOLTON

(25)

[2002] NSWSC 775

Davidson AJ

 

[2004] NSWCCA 214

VG

Murder

 

Sched:

5 lesser offences

16y

NPP 12y

Crown ADextensive, 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

LAMB

(22)

 

 

THURSTON

(25)

[2002] NSWSC 1025

Dunford J

 

 

[2004] NSWCCA 98

(Thurston)

VG

 

 

 

VG

18y

NPP 13y 6m

 

 

17y

NPP 12y 9m

 

 

 

 

AD

lengthy history for violence

 

 

lengthy history for violence

assault

Step brothers attacked male in park intending to steal wine and cash - savage kicking and stomping - L slightly more culpable

Aboriginals with deprived background - extensive history of drug and alcohol abuse

LO

(22)

 

 

Co-accused:

NG

LEW

[2003] NSWSC 582

Adams J

PG

(combined 40%)

Murder

 

Sched:

Att AR

18y

NPP 13y 6m

 Breached bond for drug offences

Shooting

Accessory

During attempted robbery of tavern manager shot in head by co-offender to prevent identification – offender did not foresee or intend death but intentionally assisted

Assistance given against co-offender

NG

(28)

 

 

 

 

Co-accused:

LO

LEW

[2003] NSWSC 781

Adams J

 

[2011] NSWCCA 227

VG

Murder

 

 

s.97(2) Agg Rob

35y

NPP 25y 9m

 

 

FT 7y

 

Total:

37y

NPP 27y 9m

AA

30y

NPP 22y 6m

 

FT 7y

 

Total:

31y

NPP 23y 6m

Nil relevant

Shooting

Accessory

Involved in robbery of Tavern – manager deliberately shot in head to prevent identification – not satisfied who fired shot

MEHAJER

(23)

 

 

 

 

 

 

 

 

 

JACOBS

(21)

[2003] NSWSC 885

Studdert J

 

(2004) 151 A Crim R 452

[2004] NSWCCA 462

VG

Murder

 

Rob in Co

 

Agg Rob in Co

 

 

 

 

VG

Murder

 

Rob in Co

 

Agg Rob in Co

18y

NPP 13y 6m

 

FT 4y

 

FT 5y

 

Total:

18y 6m

NPP 14y

 

16y 6m

NPP 12y 6m

 

FT 4y

 

FT 5y

 

Total:

17y

NPP 13y

AD

Nil prior – minor subsequent offence

 

 

 

 

 

 

 

 

Minor prior offence

Assault

Felony murder

Accessory

Robbery of takeaway shop – one man threatened by M with knife and assaulted – owner kicked in head and subsequently died – unclear who caused death – M ringleader

M – prior good character – good prospects of rehabilitation

J – extremely harsh upbringing – favourable prospects of rehabilitation

WIGNEY

(36)

 

 

 

 

 

 

 

Co-offender:

SMALE [2005]

[2003] NSWSC 1136

Adams J

 

[2004] NSWCCA 171

PG

(combined 35%)

Murder

 

AR

 

Sched:

5 serious and unrelated off

13y 8m

NPP 8y 6m

 

 

 

6y

NPP 4y 6m

 

Total:

16y 8m

NPP 11y 6m

Crown AA

16y 3m

NPP 12y 2m

 

 

6y

NPP 4y 6m

 

Total:

20y 9m

NPP 16y 8m

Lengthy although less serious – breached parole

Shooting

Felony murder

Robbed club using firearms – struggled with pursuing manager and shot him in chest

Assistance against co-offender – genuine remorse – long history of drug abuse

On appeal found error in finding reflexive discharge of weapon

LEW

 

 

 

 

 

 

 

 

 

 

 

 

Co-offenders:

NG

LO

[2004] NSWCCA 320

VG

Murder

 

 

PG

Acc before fact attempt armed robbery

14y

NPP 11y

 

 

FT 5y

AA

14y

NPP 10y

 

FT 5y

 

Total:

14y

NPP 11y

AOABH.

Shooting

Accessory before fact

Planned with co-offenders to rob tavern where offender worked - co-offenders armed with metal pole, knife and gun, entered tavern, struck victim on back of head with metal pole - victim struggled and killed by knife wound to throat and bullet wound to head - co-offenders stole $50K – offender aware of metal pole only - tried to convince co-offender not to proceed - attempted to withdraw from involvement but did nothing of significance to prevent robbery – did not notify victim of what was to occur.

Abuse of position of trust – motivated by financial pressures – gambling debt

On appeal related conviction for accessory before the fact to armed robbery quashed

WILSON

(18)

[2004] NSWSC 597

Simpson J

 

(2005) 152 A Crim R 257

[2005] NSWCCA 112

PG

(25%)

12y

NPP 8y

Crown AA

15y

NPP 11y

Nil

Stabbing

Intent GBH

Stabbed taxi driver in remote area during argument over fare – no premeditated intent to rob – burned taxi and stole money

Originally found unfit to plead and sentenced after special hearing – dysfunctional childhood – low intelligence and depression – successful efforts at rehabilitation

ASLETT

(33)

[2004] NSWSC 1228

Wood CJ at CL

 

[2006] NSWCCA 360

PG

Murder

 

 

2 x s.61JA

 

8 x s.97(2)

 

2 x s.97(1)

 

Sp agg kidnapping

 

Agg car jacking

 

Att obtain $ by deception

 

3 x LMV

 

Sched:

9 similar offences

Life

 

 

 

Total other offences:

36y

NPP 28y

AA

28y

NPP 22y

 

Total other offences:

36y

NPP 28y

 

Total:

42y

NPP 36y

Lengthy and disturbing – almost continuous custody since 11 years old – recently sentenced for brutal home invasion and sexual assault on 16y female occupant

Gunshot

Felony murder

SNPP 20 years

Murder involved attempt robbery of male proprietor of pharmacy – struggled with victim in car, took out loaded gun to threaten and gun discharged - other offences committed over 3 months – stole car with female occupant using knife and gun – sexually assaulted complainant twice – robberies of various retail premises using guns and knives

Drug abuse – some remorse - finding of dangerousness – psychological profile suggests no hope of rehabilitation

DEHAYBI

(20)

[2005] NSWSC 128

Levine J

 

(2006) 160 A Crim R 392

[2006] NSWCCA 31

VG

Murder

 

s.33

 

 

AR

24y

NPP 18y

 

12y

NPP 9y

 

FT 6y

 

Total:

26y

NPP 20y

AD / Crown ADBreached bond for dishonesty offences

Stabbing

Intent GBH

SNPP 20 years

With brother pre-planned armed robbery of family attempting to sell engagement ring – during struggle fatally stabbed adult son and stabbed father in chest

EM

(19)

[2005] NSWSC 212

James J

 

[2006] NSWCCA 336

VG:

Murder

 

s 97(2)

 

s 93G(1)(c)

 

PG

5 x s 97(2)

25y

NPP 16y

 

FT 10y

 

FT 2y

 

FT 12y

(each)

 

Total:

36y

NPP 27y

ADDriving offences

Shooting

Constructive murder

Home invasion with co-offender – 5 occupants forced to lie on floor – victim shot and killed in struggle – victim's wife shot in thumb – 10 days later, similar offence with 2 co-offenders - robbery completed and 5 occupants left tied up in house

Cambodian – poly substance abuse – mood disorder

ADANGUIDI

[2005] NSWSC 519

Barr J

 

(2006) 167 A Crim R 295

[2006] NSWCCA 404

VG

3 x Murder

LifeADDishonesty offence

Shooting / Assault

Intent to kill

SNPP 20 years

Threatened and detained male friend over several hours with intent to rob – subsequently shot dead friend's son and daughter - tortured and bashed to death friend's wife - careful planning

Some degree of mental illness although not mitigating criminality

SMALE

(47)

 

 

 

Co-offender:

WIGNEY [2004]

[2005] NSWSC 903

Patten AJ

 

[2005] NSWSC 923

Patten AJ

 

[2007] NSWCCA 328

VG

Murder

 

PG

s.97(2)

18y

NPP 13y 6m

 

13y

NPP 9y 9m

(concurrent)

ADExtensive record – breached suspended sentence

Shooting

Felony murder

Male shot by co-offender during armed robbery of tavern – not involved in shooting

Remorse – drug addiction

CB

(22)

 

 

 

 

 

 

 

 

 

IM

(23)

[2006] NSWSC 261

Buddin J

PG

(See facts)

Murder

 

s.33

 

Sched:

Larceny

LMV

Mal wound

 

PG

(See facts)

Murder

 

s.33

 

Sched:

Larceny

LMV

18y

NPP 13y

 

 

FT 7y

 

Total

20y

NPP 15y

 

 

21y 6m

NPP 15y 6m

 

 

FT 8y

 

Total

24y

NPP 18y

 

Priors for violence

 

 

 

 

 

 

 

 

 

Priors for violence – breached conditional liberty

Assault

Intent GBH

SNPP 20 years

Two offenders assaulted male acquaintance in own unit – planned attempt to rob – victim suffered brain damage – fatal assault on second male who arrived unexpectedly at unit

CB – history of sexual assault resulting in drug addiction – suffering drug induced psychotic illness – assistance in relation to perpetrator of sexual assault

IM – disturbed childhood – sexually assaulted resulting in drug addiction

 

Discount for guilty plea at or slightly above mid-point of range – CB combined discount – not specified – at least 15% for future assistance

SILVANO

(26)

[2006] NSWSC 832

Hulme J

 

(2008) 184 A Crim R 593

[2008] NSWCCA 118

VG

Murder

 

s.97(2)

 

 

s.33

21y 4m

NPP 16y

 

9y 4m

NPP 7y

 

5y 4m

NPP 4y

 

Total:

22y 4m

NPP 17y

ADPriors – no incarceration

Shooting

Felony murder

SNPP 20 years

With girlfriend attempted to rob male stranger at night with loaded shotgun – girlfriend accidentally shot – fired at male hitting him in shoulder – just below mid-range

Raped and assaulted in custody – protective custody – remorse and grief – father of young child

HOHAIA

(18)

 

 

 

 

 

 

 

 

ABDULKADER

(21)

[2006] NSWSC 866

Kirby J

 

[2015] NSWCCA 91

(Hohaia only)

VG

Murder

 

 

Rob in Co

 

AOABH

 

 

 

VG

Murder

 

Rob in Co

24y

NPP 18y

 

 

FT 18m

 

FT 9m

(all concurrent)

 

21y

NPP 15y 9m

 

FT 18m

(all concurrent)

AA

24y

NPP 18y

 

FT 18m

 

FT 9m

(all concurrent)

Priors – no violence

 

 

 

 

 

 

 

 

Significant record

Assault

Intent GBH

SNPP 20 years

Sustained assault on male acquaintance over several hours – victim assaulted by H in home of H's mother – victim robbed of mobile phone and wallet, forced to reveal PIN and taken to ATM to obtain money – subjected to further assault by both offenders and left for dead – H principal offender – A lesser offender but involved in second, fatal assault on victim - no clear motive

H - also sentenced for assault on male in company with friend three months earlier – sustained attack with no motive - disrupted childhood with early drug abuse

A – early drug abuse

A

(16)

 

 

 

Co-offender:

HOURI [2007]

[2006] NSWSC 1035

Buddin J

PG

12y 8m

NPP 9y 6m

 Priors

Stabbing

Felony murder

SNPP 20 years

Involved in armed robbery of service station – after robbery co-offender suddenly and without provocation stabbed operator four times

Remorse – prospects of rehabilitation – discount for assistance – protective custody

BROWN

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender

HUDD [2013]

[2006] NSWCCA 395

VG

Murder

 

2 x Agg AR

 

 

 

s.33

 

 

AOABH in Co

20y

NPP 15y

 

8y

NPP 6y

(each)

 

3y

NPP 2y 3m

 

2y 6m

NPP 1y 10m

 

Total:

21y 10m

NPP 16y 10m

ADLengthy

Shooting

Felony murder – accessorial liability

Two offenders involved in planned armed robbery of electrical store – three employees tied up – one employee hit on head with gun and one with vacuum cleaner – third employee shot dead by co-offender in pursuit

Lesser offender

JOHNSON

(53)

[2007] NSWSC 274

Whealy J

 

[2010] NSWCCA 86

VG

2 x Murder

 

Dishonesty offences

LifeConviction ADMinor traffic

Strangulation

Intent to kill

SNPP 20 years

Tied up and strangled retired couple in their own home – trusted handyman – stole money from bank accounts – financial difficulties – well planned offence

NGUYEN

(20)

[2007] NSWSC 389

Whealy J

PG

(25%)

18y

NPP 13y 6m

 Criminal record for lesser offences – breached parole

Stabbing

Felony murder

SNPP 20 years

Stabbed shop owner during attempted robbery of newsagency – repeated stabbing - below mid-range – spontaneous and unplanned killing

Long history of drug addiction

HOURI

(19)

 

 

 

 

 

 

 

Co-offender:

A [2006]

[2007] NSWSC 615

Buddin J

PG

Murder

 

Sched:

3 x BES

18y

NPP 12y 6m

 Nil relevant

Stabbing

Felony murder / intent GBH

SNPP 20 years

Stabbed console operator during armed robbery of service station – unprovoked attack on co-operating victim – use of weapon – in company – vulnerable victim – mid range offence

Troubled childhood with heavy drug and alcohol addiction – reasonable prospects of rehabilitation – serious physical disability resulting from shooting subsequent to offence - depression

DAVIS

(26)

[2008] NSWSC 55

Mathews AJ

 

[2015] NSWCCA 90

VG

24y

NPP 18y

AA

22y

NPP 16y 6m

Lengthy – mal wounding under similar circumstances

Stabbing

Intent GBH

SNPP 20 years

Broke into apartment to steal property – stabbed male occupant in attempt to escape – victim died 3 days later from heart failure

Disturbed and abusive childhood

WILSON

(32)

[2008] NSWSC 238

Howie J

 

[2015] NSWCCA 128

VG

26y 6m

NPP 20y

AA

21y 4m

NPP 16y

Minor

Shooting

Intent to kill

SNPP 20 years

Attempted armed robbery on co-offender's flatmate – flatmate recently obtained large amount of money from armed robbery – also a drug dealer - shot victim in head at close range – lost temper – killing not planned

Aboriginal with violent and deprived childhood

Co-offenders Fraser and Spencer dealt with for manslaughter [2007] NSWSC 1449

WEBB

(39)

[2008] NSWSC 1351

Howie J

PG

(15%)

Murder

 

Being carried in stolen conveyance

22y

NPP 16y 6m

 

 

FT 18m

(concurrent)

 Bad record – breached bonds

Stabbing

Felony murder

SNPP 20 years

Stabbed employee while struggling during armed robbery of restaurant with co-offender – entered restaurant armed with club-lock – picked up knife in kitchen – unplanned killing – just below mid-range

Drug abuse – low intellectual functioning

BH

(17)

[2009] NSWSC 358

Hidden J

PG

(25%)

17y

NPP 13y

 Disturbing record – includes AR and Rob in Co – breached probation

Assault

Felony murder

SNPP 20 years

Assaulted 23y homeless male with garden stake outside Town Hall – intended to rob victim of poker winnings – below mid-range

Troubled childhood – sexual abuse – early substance abuse – remorse – gaining insight – reasonable prospects of rehabilitation

RAAD

(41 at offence – 49 at sentence)

[2009] NSWSC 830

Rothman J

 

[2011] NSWCCA 138

PG

(25%)

 

 

Armed robbery

14y

NPP 10y 6m

 

 

FT 5y

(concurrent)

AA

12y

NPP 9y

 

FT 5y

Lengthy record

Shooting

Felony murder

(2001) - Robbed and killed security guard – shot during struggle – killing not deliberate –elements of planning for robbery

Voluntarily surrendered to police 6.5y later – significant Ellis discount – would not have been charged without admission – profound remorse - dysfunctional childhood resulting in life on streets and drug addiction – significant transformation and rehabilitation

LR

(16)

 

 

 

 

 

Co-offender:

KR

[2010] NSWSC 22

Howie J

PG

(20%)

Murder

 

Assault w/I to rob in co

14y 3m

NPP 10y 6m

 

 

FT 6m

 nil

Assault

Intent GBH

Agreed with co-offender to find person to rob - assaulted male stranger and stole mobile phone – assault initiated by co-offender who stomped on head of victim – offender joined assault and kicked victim once to head - assaulted male bike rider with intent to rob shortly before killing

Aboriginal – some evidence of rehabilitation in custody and remorse

KR

(17)

 

 

 

 

 

 

 

Co-offender:

LR

[2010] NSWSC 188

Howie J

 

[2012] NSWCCA 32

PG

(15%)

Murder

 

Ass w/i Rob

 

Ass w/I Rob

18y 9m

NPP 12y

 

 

12m

 

6m

 

Total:

19y 6m

NPP 12y 9m

ADnil

Assault

Intent GBH

Agreed with co-offender to rob someone – kicked male victim to death in driveway of house – assault included stomping on head – subsequently attempted to rob cyclist - pushed female from behind, punched her twice to head and kicked in cheekbone

Aboriginal – drug and alcohol abuse - remorse

THOMPSON

[2011] NSWSC 1130

Rothman J

PG

(discount at highest level)

20y

NPP 14y

 Nil relevant

Shooting

Felony murder

SNPP 20 years

Shot dead drug dealer during robbery – arranged meeting in secluded area armed with loaded and shortened shotgun – planned robbery – stole drugs, money and mobile phone – disposed of body and gun.

Drug addiction

COTTERILL

[2012] NSWSC 89

McCallum J

PG

(15%)

 

Escape

22y

NPP 16y

 

Total:

22y

NPP 16y 6m

 Offences of violence

Stabbing

Intent to kill

SNPP 20 years

Stabbed 19y female in her own home during day– prolonged attack - 27 stab wounds – confronted by victim after entering house with intention to steal – not premeditated

Escaped from prison van several days after arrest by faking self-harm – ran six metres before shot in pelvic region and leg

Dysfunctional childhood – severely disturbed as child and adolescent – violent and poor impulse control

JK

(juvenile)

[2012] NSWSC 710

Harrison J

PG

(17.5%)

Murder

 

Attempted Agg BES

 

Sched:

6 offences

15y

NPP 10y

 

 

FT 2y

 

Total:

15y 9m

NPP 10y 9m

 Breached parole – record for dishonesty and car theft

Car

Constructive murder

With group of young men stole cars – attempted to break into service station – attacked male victim and his adult son standing near car – stole car and drove out of service station – struck male victim on road who was attempting to escape on foot – no intent to run over or inflict harm – affected by alcohol

Difficult and traumatic childhood – low intelligence – limited education - early drug and alcohol abuse – mental illness – aboriginal - youth

HENZON

(26)

[2012] NSWSC 726

Hidden J

PG

(25%)

Murder

 

2 x obtain money by deception

 

Sched:

2 x obtain money by deception

18y

NPP 13y

 

Total:

19y 6m

NPP 14y 6m

 nil

Suffocation

Reckless indifference to life

SNPP 20 years

Female bank teller stole $16,000 from account of husband and wife customers – subsequently stole $115,000 from account of 72y female bank customer – admitted to suffocating customer in home unit the next day – circumstances of killing unclear

Suffering long-term physical illness

AMOS

(20)

[2012] NSWSC 1021

Hall J

 

[2014] NSWCCA 302

VG

28y

NPP 21y

Conviction ADNil

Shooting

Intent to kill

SNPP 20 years

Involved in armed robbery with co-offender of male drug dealer who owed money – formed intent to kill and shot victim eight times – returned to house with co-offender and stole property – victim shot in own home – only robbery planned – high level of culpability – committed for financial gain

Deprived and neglected childhood

BILLINGS

(37)

[2012] NSWSC 1020

Barr AJ

VG

Murder

 

 

AR with wounding

 

Agg SMV

 

 

Shoot w/I murder

 

AR

Indicative

32y

NPP 24

 

12y

NPP 9y

 

4y

NPP 3y

 

12y

NPP 9y

 

FT 4y

 

Agg Sentence

40y

NPP 30y

 Lengthy – at liberty for only two years of past twelveShooting

SNPP 20 years

Robbed male taxi driver walking along street in early hours of morning with sawn off rifle – shot warning shots into footpath then shot victim in buttock causing permanent injury – threatened male driver with shot gun – stole car – shot at police officer who was pursuing offender for suspected drug dealing – fatally shot unsuspecting male victim with intention of robbery in presence of co-offender – fired three shots from point blank range – robbed business using gun – murder just short of worst case

Dangerous offender

SMITH

[2012] NSWSC 1565

Rothman J

VG

Murder

 

Destroy dwelling by fire

14y

NPP 10y

 

FT 2y

 

Total:

14y 6m

NPP 10y 6m

 Domestic violence – breached conditional liberty

Assault

Extended joint criminal enterprise

SNPP 20 years

Suggested known drug dealer to co-offenders as subject for robbery – victim viciously kicked and assaulted and run over by car - present during offence but not involved in assault - contemplated co-offenders could form intention to inflict GBH – no agreement to kill or inflict GBH – provided jerry can for co-offenders who returned to scene and set fire to home incinerating body - objective criminality in lowest possible category - no intention, initially, of obtaining financial gain - motives not totally clear, but most probably included revenge for victim's treatment of offender's mother

Drug abuse – difficult upbringing including sexual abuse – mental health issues and probably brain damage – some assistance

Three co-offenders pleaded guilty to manslaughter - McCulloch, Biffen and Biffen [2013] NSWSC 894

MA

(17)

 

 

 

 

 

 

 

 

 

 

 

 

BYQUAR

(18)

 

 

 

 

 

 

 

 

 

RAMOS

(18)

 

 

 

 

 

Co-Accused:

NATUBA [2012]

TAMAPUA [2012]

KHOURY [2013]

KARIMI [2013]

MIR [2013]

[2012] NSWSC 1527

Johnson J

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

[2015] NSWCCA 313

(Ramos only)

PG

(25%)

Murder

 

Sp Agg BES

 

 

AR

 

Sched: Conspire rob

AR

 

 

PG

(25%)

Murder

 

AR

 

Sched:-

AR

 

 

 

PG

(25%)

Murder

 

Sp Agg BES

 

 

AR

 

Sched:

Conspire rob

AR

20y

NPP 14y

 

 

5y 6m

NPP 4y

 

5y 6m

NPP 4y

 

Total:

23y

NPP 17y

 

23y

NPP 16y

 

 

8y

NPP 6y

 

Total:

25y

NPP 18y

 

17y

NPP 12y

 

 

4y

NPP 3y

 

5y 6m

NPP 4y

 

Total:

19y

NPP 14y

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

AA

14y 3m

NPP 10y

 

4y

NPP 3y

 

5y 6m

NPP 4y

 

Total:

16y 3m

NPP 12y

on bond. Stalking, intimidation, assault w.i rob in co.

 

 

 

 

 

 

 

 

 

AOABH, Rob in co.

 

 

 

 

 

 

 

 

 

Nil

Joint criminal enterprise.

Wounded with meat cleaver / machete

SNPP 20 years

Home invasions committed over three-day period with number of other young males - armed with meat cleavers - occupant at one home seriously injured - occupant of another house killed while resisting offenders.

 

MA – did not strike victim but present - remorse, rehabilitation, maturity

B – struck victim - drug / alcohol abuse - remorse

R – outside house assisting – remorse, rehabilitation

NATUBA

(19)

 

 

 

 

 

 

 

 

 

TAMAPUA

(20)

 

 

 

 

 

 

Co-Offenders:

MA [2012]

BYQUAR [2012]

RAMOS [2012]

KHOURY [2013]

KARIMI [2013]

MIR [2013]

[2012] NSWSC 1569

Johnson J

PG

(50%)

Murder

 

AR

 

Sched – Robbery

 

 

 

PG

(50%)

Murder

 

Sp Agg BES

 

 

Poss Firearm

 

 

Poss weapon

 

Sched:-

3 x Robbery

14y

NPP 10y

 

 

5y

NPP 3y 9m

 

Total:

15y

NPP 11y

 

14y

NPP 10y

 

 

4y

NPP 3y

 

3y

NPP 2y

 

FT 2y

 

Total:

15y 6m

NPP 11y 6m

 

Agg robbery – breached bond.

 

 

 

 

 

 

 

 

 

Robbery, assault, breach AVO - on bond

Assault with meat cleaver / machete

Joint criminal enterprise

SNPP 20 years

Home invasions committed over three-day period with number of other young males - armed with meat cleavers - occupant at one home seriously injured - occupant of another house killed while resisting offenders

N – threatened victim with cleaver

T - organisational role – did not enter homes

 

Each received discount for assistance to authorities - undertaking to give evidence against co-accused - youth – drug and alcohol abuse

HUDD

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

BROWN [2006]

[2013] NSWCCA 57

VG

Murder

 

AR

 

 

AR

 

 

s.33

 

 

Agg AOABH

27y

NPP 21y 9m

 

10y

NPP 7y 6m

 

10y

NPP 7y 6m

 

5y

NPP 3y 9m

 

2y

NPP 18m

 

Total:

28y 6m

NPP 21y 9m

AD 

Shooting

Felony Murder

Two offenders involved in planned armed robbery of electrical store – three employees tied up – one employee shot dead by offender in pursuit

Fresh evidence as to ill health

SMITH

(27)

 

 

 

Co-offenders:

SMITH [2013]

KENNEDY [2015]

[2013] NSWSC 1159

Schmidt J

PG

(18%)

22y 11m

NPP 17y 2m

 Considerable record

Assault

Intent GBH

Joint criminal enterprise

SNPP 20 years

Three men broke into home of 75y male occupant – severely assaulted in attempt to obtain access to safe – active participant in assault - left for nearly a day – joint criminal enterprise – moral culpability high

Evidence of remorse - drug addicted – aboriginal – low intelligence – poor schooling

SMITH

(26)

 

 

 

 

 

 

 

 

Co-offenders:

SMITH [2013]

KENNEDY [2015]

[2013] NSWSC 1723

Barr AJ

PG

(discount at bottom of range)

Murder

 

2 x AR

20y

NPP 14y

 

 

 

 

8y

NPP 6y

(each)

 

Total:

23y

NPP 17y

 Property offences related to drug problem – breached parole

Assault

Joint criminal enterprise

SNPP 20 years

Involved in breaking into home of elderly victim - sustained assault on male occupant by co-offender – acted as lookout - left victim to die - on earlier occasion broke into home with two co-offenders and assaulted male occupant – forced female occupant to ATM to withdraw money – threats made

Aboriginal with difficult childhood – early drug and alcohol abuse

BELL

(27)

[2013] NSWSC 1838

Hall J

PG

(10%)

Murder

 

s97(2)

 

 

s33(1)(a)

25y 4m

NPP 19y

 

 

5y

NPP 3y 9m

 

10y

NPP 7y 6m

 

Total:

27y

NPP 21y 6m

 Rob in co, AOABH, drugs

Shooting

Constructive murder

SNPP 20 years

Home invasion with co-offender to obtain money and drugs – armed with firearms – during struggle accidentally shot in face by co-offender – offender discharged his firearm killing male aged 17y – co-offender shot and injured second male - intent to inflict injury for purpose of effecting escape - did not form intent to shoot until very shortly before fatal shot fired

Left school Year 8 – learning difficulties - long standing personal problems including drug use and anti-social personality characteristics - no link established between anti-social personality disorder and any abusive or deprived upbringing

KARIMI

(22)

 

 

 

 

 

 

 

 

 

 

 

Co-offenders:

KHOURY [2013]

MIR [2013]

NATUBA [2012]

TAMAPUA [2012]

MA [2012]

BYQUAR [2012]

RAMOS [2012]

[2013] NSWSC 1761

Johnson J

VG

Murder

 

Conspiracy AR

 

s.112(3)

 

 

2 x AR

 

 

Conspiracy to murder

 

Possess firearm

24y

NPP 17y

 

6y

NPP 4y

 

8y

NPP 6y

 

10y

NPP 7y

 

12y

NPP 9y

 

4y

NPP 3y

 

Total:

37y

NPP 30y

 Limited

Assault with meat cleavers

Joint criminal enterprise

Intent to kill

SNPP 20 years

Home invasions committed over three-day period by young males armed with meat cleavers linked to drug dealing - occupant at one home seriously injured - occupant of another house killed with meat cleaver while resisting offenders – planned to engage subsequent fight to death

Karimi significant role in organisation -Afghani

KHOURY

(29)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offenders:

KARIMI [2013]

MIR [2013]

NATUBA [2012]

TAMAPUA [2012]

MA [2012]

BYQUAR [2012]

RAMOS [2012]

[2013] NSWSC 1761

Johnson J

VG

Murder

 

Consp AR

 

 

Possess firearm

 

s.112(3)

 

 

Recruit to commit AR

 

AR

 

 

AR x 2

 

 

Conspiracy to murder

26y

NPP 18y

 

6y

NPP 4y

 

4y

NPP 3y

 

10y

NPP 7y

 

FT 3y

 

 

10y

NPP 7y

 

11y

NPP 7y

 

12y

NPP 9y

 

Total:

40y

NPP 32y

 Minor

Assault with meat cleavers

Joint criminal enterprise

Intent to kill

SNPP 20 years

Home invasions committed over three-day period by young males armed with meat cleavers linked to drug dealing - occupant at one home seriously injured - occupant of another house killed with meat cleaver while resisting offenders – planned to engage subsequent fight to death

Khoury effective leader of organisation involved in drug dealing – continued to plan criminal activity after murder - Lebanese

MIR

(20)

 

 

Co-offenders:

KARIMI [2013]

KHOURY [2013]

NATUBA [2012]

TAMAPUA [2012]

MA [2012]

BYQUAR [2012]

RAMOS [2012]

[2013] NSWSC 1761

Johnson J

VG

Murder

 

AR

 

 

AR

26y

NPP 19y

 

10y

NPP 7y

 

11y

NPP 7y

 

Total:

31y

NPP 24y

 Minor

Assault with meat cleavers

Joint criminal enterprise

Intent to kill

SNPP 20 years

Home invasions committed over three-day period by young males armed with meat cleavers linked to drug dealing - occupant at one home seriously injured - occupant of another house killed with meat cleaver while resisting offenders – planned to engage subsequent fight to death

Mir – foot soldiers - Afghani

ISHERWOOD

(30)

[2013] NSWSC 1868

Latham J

PG

(15%)

17y

NPP 11y

 Drugs, assault – breached conditional liberty

Assault

Constructive murder

SNPP 20 years

Assault and rob on 76y homeless man on train - co-offender found guilty of manslaughter - offender played principal role – victim punched and smashed over head with broken pane of glass – died of head injury - just below middle range

Relative youth - first time in custody

FILIHIA

(22)

[2013] NSWSC 1871

Adamson J

PG

(35% plea and assist)

Murder

 

s.98

14y 3m

NPP 10y 8m

 

 

 

6y 6m

NPP 4y 10m

(concurrent)

 Record – breached conditional liberty

Stabbing

Intent GBH

SNPP 20 years

Fatal stabbing of male receptionist during robbery of brothel – single stab wound – robbery planned by co-offender – stabbed victim in panic

Genuine remorse – needed cash for drug addiction – good prospects of rehabilitation

PANETTA

(29)

[2014] NSWSC 27

Davies J

PG

(10%)

17y

NPP 12y 9m

 minor

Assault

Intent GBH

SNPP 20 years

Told by girlfriend that victim was a 'bad man' but police unable to obtain evidence against him – killed victim with a hammer during attempted kidnapping and robbery – disposed of body – spontaneous killing – a little below mid-range

Voluntary confession to murder due to stress – no prospect that murder or body would have been detected – unaware victim was ex-husband of girlfriend - low intelligence and serious personality disorders – vulnerable and gullible

SAFAR

 

 

 

 

 

 

 

 

Co-offender:

JUBRAEEL

[2014] NSWSC 376

Rothman J

PG

(12.5%)

15y 9m

NPP 11y

 No history of violence of dishonesty

Joint criminal enterprise

Shooting

SNPP 20 years

Approached home of victim at night with two co-offenders – victim pulled back curtain to investigate and shot dead by co-offender –intended BES with no violence - first aware of gun when gun drawn by shooter shortly before shooting - lowest end of range of seriousness – shooting based on reckless indifference to life

Traumatic childhood upbringing in Iraq – personal drug use – testing revealed to be in 'intellectual disabled' range

SAFAR

 

 

 

 

 

 

 

Co-offender:

JUBRAEEL [2014]

[2014] NSWSC 376

Rothman J

PG

(12.5%)

15y 9m

NPP 11y

 No history of violence of dishonesty

Shooting

Joint criminal enterprise

SNPP 20 years

Approached home of victim at night with two co-offenders – victim pulled back curtain to investigate and shot dead by co-offender –intended BES with no violence - first aware of gun when alighted car – lowest end of range of seriousness – affected by drugs and fear of co-offender prevented withdrawal

Drug addiction motive for robbery – genuine remorse – good prospects of rehabilitation

E McKELLAR

(18)

 

 

 

 

 

 

 

 

 

 

 

B McKELLAR

(28)

[2014] NSWSC 1243

RA Hulme J

VG

Murder

 

Wound with intent

 

Att AR

 

 

 

 

 

 

VG

Murder

 

Wound with intent

 

Att AR

20y

NPP 14y

 

8y

NPP 6y

 

5y

NPP 3y 9m

 

Total:

24y

NPP 18y

 

20y

NPP 14y

 

8y

NPP 6y

 

5y

NPP 3y 9m

 

Total:

24y

NPP 18y

 

Lengthy – breached parole

 

 

 

 

 

 

 

 

 

 

 

Lengthy – breached bail for assault offence

Stabbing

Intent GBH

Extended joint criminal enterprise

SNPP 20 years

Four males attended home of victim with intent to rob – victim sold small amounts of cannabis on regular occasions – group brought machete and knife to scene - victim assaulted by BMcr at door to house – BMc pursued by victim and 17y son – son stabbed by EMc twice at request of BMc to 'kill the cunt' – victim surrounded and assaulted by four offenders – stabbed four times by EMc – spontaneous assault

Aboriginal brothers with difficult background including domestic violence

E McKellar very low intellectual functioning

B McKellar suffering brain damage from accident

HALLOUN

(35)

[2014] NSWSC 1705

McCallum J

VG

24y

NPP 17y

 NilAssault

SNPP 20 years

Attack on vulnerable woman in her own home – trying to steal money – working as a concreter for victim and family at her home - no intent to kill

Extra-curial punishment from assault in prison – supportive family – special circumstances

TIRAKI

(21)

[2014] NSWSC 1764

Schmidt J

VG

28y

NPP 20y

  

Shot

Intent kill

SNPP 20 years

Shot victim at close range in chest at night through window – joint criminal enterprise to commit robbery at victim's home – planned offence – gun loaded – firearm discharged deliberately not in panic – above mid-range objective seriousness

Mental health issue – drug abuse

Co-offender Tabbah sentence for manslaughter

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

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

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

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

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

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

SINCLAIR

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

EVANS [2017]

[2017] NSWSC 686

RA Hulme JA

PG

(15% plea and assist)

Murder

 

s.112(3)

 

 

PG

(35% assist and plea)

s.112(3)

 

3 x s.86(2)

Indicative:

30y

NPP 22y 6m

 

 

13y 6m

NPP 10y

 

12y

NPP 9y

 

 

 

8y 6m – 9y

 

Agg

38y

NPP 28y 6m

 Minor

Assault

Accessory

SNPP 20 years

Broke into home of co-offender's former employer at night planning to steal from occupants – forced male occupant to show them safe – co-offender bashed male occupant to death with pick handle – also assaulted female occupant causing serious injuries – offender did not intend death but aware co-offender violent and armed with weapon

One month earlier broke into family home of offender's ex-girlfriend with co-offender and third offender at night – sleeping male occupant severely assaulted around head by co-offender with pick handle causing serious and probably long term injuries – all four occupants of house threatened and tied up with duct tape and rope

All offences well above mid-range in seriousness

Young offender with long term drug addiction – genuine remorse – some good prospects of rehabilitation

EVANS

[2017] NSWSC 1440

R A Hulme J

PG

(25% plea and assist)

Murder

 

Sched:

2 offences

24y

NPP 18y

 Assault - recklessly cause GBH – stalking / intimidate - BES

Assault

Accessory

NPP 20 years

With female co-offender targeted home under mistaken belief drug dealer was living there –objective of threatening any occupants and using violence if necessary to steal – offender tied up 65y male with tape – forceful and sustained assault causing death – not known who inflicted fatal violence – assault possibly with impromptu use of items found in vicinity as weapons - victim left bound and gagged but died some short period of time after - joint criminal enterprise to detain victim with intention of stealing property in company and actual bodily harm being inflicted - premeditated invasion - mid-range

Background of significant abuse - assistance

EVANS (No.3)

(25)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Co-offender:

SINCLAIR

[2017] NSWSC 1523

R A Hulme J

(VG)

Murder

 

 

s.112(3)

 

 

s.112(3)

 

 

2 x s.86(2)(a)

 

 

s.86(3)

Indicative

42y

NPP 31y 6m

 

18y

NPP 13y 6m

 

20y

NPP 15y

 

13y

(each)

 

14y

 

Total:

48y

NPP 36y

 Assault, AOABH, damage property

Assault

intent to kill

NPP 20 years

Offences committed during series of home invasions with co-offenders in rural area – male murder victim attacked by offender while bound and defenceless – pick axe used to inflict severe blunt head injury – female occupant also assaulted causing serious injuries – murder well above mid-range

One month earlier broke into home with co-offender and third offender at night – sleeping male occupant severely assaulted around head with pick handle causing serious and probably long term injuries – all four occupants of house threatened and tied up with duct tape and rope

Offences committed to obtain money for drug (ice) addiction - ADHD – drug use from young age.

PETRYK

(23)

[2018] NSWSC 119

Wilson J

VG

Murder

 

s.97(2)

Indicative:

26y

 

8y

 

Agg

26y

NPP 19y 6m

 Lengthy record – breached conditional liberty

Shooting

Constructive murder

NPP 20 years

Broke into home with two co-offenders and shot male occupant during confrontation – threatened second, elderly occupant - intended to steal money and drugs targeting drug dealer  - borrowed gun from friend prior to robbery – spontaneous shooting – robbery pre-meditated – mid-range seriousness

Last Updated: 25.6.2018

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