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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

Single Stabbing

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 RecordIntentInvolvement & Summary

TAULU

(42)

NSWCCA

31.10.1994

VG

MT 12y

AT 4y

ADnilintent GBHConfronted new boyfriend of estranged de facto in street - stabbed once in chest.

KILMORE

(21)

NSWSC

Hidden J

18.7.1997

 

NSWCCA

13.8.1998

PG

MT 10y

AT 4y

ADdishonesty, drugsintent GBH

Female stabbed male tourist after altercation in street - single stab wound through heart.

Alcohol and drug problems

COX

(18)

[1999] NSWCCA 246PG

MT 11y

AT 5y

AA

MT 9y 6m

AT 4y 6m

nilintent GBH

Female - stabbed 14y girl over money owed.

Good character – rehabilitation

BURKE

(29)

[2000] NSWSC 356

Greg James J

PG

MT 5y

AT 4y

 street offencesintent GBH

Female - stabbed de facto husband in chest while in car - spontaneous offence - intoxicated and arguing and seriously emotionally disturbed.

Aboriginal mother of four - deprived and abused life resulting in alcoholism and intellectual impairment - some evidence of rehabilitation.

HERON[2000] NSWCCA 312VG

MT 14y

AT 4y

ADconvictions for assaultintent GBH

Stabbed male during drunken pub brawl.

Disadvantaged and troubled life - voluntarily surrendered to police.

DAVENPORT

(39)

[2001] NSWSC 1083

Bell J

VG

15y

NPP 11y 3m

 drugsintent GBHStabbed friend once following drunken fight.  Relationship characterised by frequent aggressive episodes during drinking bouts - alcohol addiction.

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 relevantintent 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

SLD

(13y 10m)

[2002] NSWSC 758

Wood CJ at CL

 

(2003) 142 A Crim R 503

[2003] NSWCCA 310

PG

20y

NPP 10y

AD intent to kill

Broke into neighbouring home at night and abducted 3y sleeping girl - removed clothes and stabbed her in chest once - discarded body in long grass - misled police during inquiries - callous and cold-blooded killing - motive unclear

Seriously affected by background of upheaval, abuse and lack of emotional support - intellectual and speech disability and dysmorphic appearance - sexually abused by half-brother - disturbed individual - history of aggressive and unacceptable behaviour - significant level of future dangerousness, although difficult to assess at this stage

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

NilIntent 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

HARRISON

(31)

[2006] NSWSC 740

Grove J

VG

20y

NPP 15y

 PriorsIntent to kill

SNPP 20 years

Upset over death of friend from fatal drug dose – blamed victim and friends – fatally stabbed victim some months later

Deprived childhood as abandoned aboriginal child – long term substance abuse – judgment clouded by abuse and low intelligence

MB

(16)

[2006] NSWSC 1164

Howie J

 

[2013] NSWCCA 254

VG

22y

NPP 15y 6m

AA

17y 6m

NPP 12y 6m

NilIntent GBH

SNPP 20 years

Unprovoked confrontation on street between group of intoxicated youths and two intoxicated males – fist fight between offender and victim – stabbed victim in neck with broken bottle – unplanned offence – midrange seriousness

Born in PNG – positive evidence of rehabilitation – youth

SAALFELD

(44)

[2007] NSWSC 376

Howie J

VG

22y

NPP 16y 6m

 MinorIntent GBH

SNPP 20 years

Female stabbed female acquaintance during street confrontation – single stab wound – deteriorating relationship with victim over drugs – spontaneous offence – principal aggressor – offence slightly below mid-range

Remorse – drug user

SSA

(17)

[2007] NSWSC 1202

Hidden J

VG

18y

NPP 13y

 BriefIntent GBH

SNPP 20 years

Stabbed young stranger during fight in amusement arcade – in company – carrying knives for protection – single stab to chest – spontaneous offence

Disturbed childhood – Philippino – became involved in gang culture and early drug abuse – evidence of rehabilitation and remorse

Co-offender dealt with for manslaughter – SIOSE

DARCY

(44)

[2007] NSWSC 1392

Berman AJ

PG

(15%)

20y

NPP 15y

 Non-custodial recordIntent to kill

SNPP 20 years

Stabbed de facto partner in neck – heavily intoxicated – element of pre-mediation after earlier argument – prevented calling of ambulance – slightly below mid-range

Aboriginal – suffers epilepsy – long history of alcohol abuse

PEARCE

(25)

[2008] NSWSC 1434

Latham J

PG

(no discount)

20y

NPP 15y

 Lengthy – no major violenceIntent to kill

SNPP 20 years

Arrived at friend's unit armed with knife  - became involved in fight with male victim and stabbed in back – spontaneous offence – no assistance to victim – paranoid and highly aroused state from amphetamines – slightly below mid-range

Appalling childhood marked by domestic violence – both parents heroin addicts – no education – early drug abuse

CARR

(18)

[2009] NSWSC 995

McClellan CJ at CL

PG

(15%)

16y

NPP 12y

 Lengthy criminal record including violence – breached conditional libertyIntent GBH

SNPP 20 years

Single stab wound to chest of male acquaintance outside party – spontaneous offence – earlier argument inside house – offence moderately below mid-range

Aboriginal - under influence of alcohol, ice and cannabis – severe drug addiction – deprived background

SULLIVAN

(51)

[2010] NSWSC 755

Fullerton J

 

[2012] NSWCCA 41

VG

25y

NPP 18y 9m

ADManslaughter - possess drugs -  dishonestyIntent to kill

SNPP 20 years

Supplied drugs to victim – believed victim had stolen his wallet – stabbed victim to chest - not premeditated in sense of being planned in advance, but intended to confront victim – Mid-range offence.

Mental health - brain damage had some causal connection with offence - behavioural and personality dysfunction - tendency to violence and unrestrained hostility when crossed – previously convicted of manslaughter diminished responsibility (where victim stabbed over unpaid rent).

YUKE

(30)

[2010] NSWSC 754

Barr AJ

VG

24y

NPP 14y

 Violence, property, breach AVO, weapons, public nuisance - Local Ct matters only 

SNPP 20 years

Stabbed partner with single blow during argument – heavily intoxicated - history of some violence in relationship - below mid-range – no intent to kill

Substantial intellectual deficit – alcohol abuse

BELDON

(34)

[2011] NSWSC 112

Barr AJ

 

[2012] NSWCCA 194

PG

(10%)

24y

NPP 16y

ADlengthyIntent GBH

SNPP 20 years

Stabbed male occupier of upstairs flat during argument over drugs – both affected by drugs at time of killing – spontaneous offence with no premeditation – below mid-range

Pleaded on day of trial – long history of drug abuse and mental instability

SHIELS

(20)

[2011] NSWSC 1177

Barr AJ

VG

20y

NPP 13y

 Bonds for assaults including assault on victim – committed while mentally illIntent 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

SHEATHER

(42)

[2011] NSWSC 1239

Hoeben J

PG

(10%)

20y

NPP 15y

 No significant recordIntent GBH

SNPP 20 years

Unplanned and unprovoked stabbing of male during drinking session in offender's home – offender heavily intoxicated –spontaneous and inexplicable rage - single stab wound – below mid-range

Remorse – prospects of rehabilitation linked to alcohol abuse

HUON

(26)

[2012] NSWSC 1092

Hall J

PG

(20%)

21y

NPP 16y

 malicious wounding 

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.

HICKS

[2013] NSWSC 1324

Adams J

PG

(15%)

17y

NPP 12y 9m

 lengthyIntent cause GBH

SNPP 20 years

Stabbed female partner during argument – some history of domestic violence and frequent arguments – both had been taking drugs – not planned offence

Difficult childhood – borderline cognitive abilities

MBELE

(22)

[2013] NSWSC 1394

Latham J

VG

26y

NPP 18y

 Breached bond for assaultIntent GBH

SNPP 25 years

Stabbed 16y during confrontation at railway station in early evening – earlier confrontation with victim – members of opposing groups – angry – deliberately antagonised victim to provoke confrontation – single stab to chest – 'cowardly, vicious, vengeful and premeditated attack'

BRILLIANTES

(21)

[2013] NSWSC 1693

Adamson J

PG

(25%)

18y

NPP 13y 6m

 Breached parole for break and enter offences – involved in affray ten days before murder 

SNPP 20 years

Stabbed male stranger during altercation on street at night – attended scene at request of female acquaintance anticipating punch up

Difficult and neglected childhood

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 libertyIntent 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

HINES (No 3)

[2014] NSWSC 1273

Hamill J

VG

 

Sched:

2 x AOABH

24y

NPP 16y 6m

 Murder, agg sexual assault, assaultIntent GBH

SNPP 20 years

Single stab wound to chest – argument with male – substantial degree of provocation by victim – abuse and threats – no premeditation.

Deprived background – early exposure to alcohol - previous murder of partner committed in 1994 - significant risk of committing further offences if return to similar patterns of drinking - some prospects of rehabilitation.

CRAMP

(39)

[2015] NSWSC 271

Adams J

 

[2016] NSWCCA 305

VG

40y

NPP 30y

AA

34y

NPP 25y 6m

Record for violenceIntent to kill

SNPP 20 years

Attended former workplace during day and stabbed employee through neck severing spinal cord – motive for killing unclear – cut wires to security cameras in view of other employees

Affected by ice but not irrational - dangerous

SCOTT (No.6)

(41)

[2015] NSWSC 678

Wilson J

 

[2017] NSWCCA 296

VG

24y

NPP 18y

Conviction ADLengthy record for violenceIntent GBH

SNPP 20 years

Stabbed male once in chest during fight in car-park – all participants intoxicated

Pattern of violent behaviour both in and out of gaol – alcohol abuse

BROOKS

(19)

[2017] NSWSC 824

Hamill J

VG

Murder

 

s.33

20y

NPP 14y 6m

 

7y 6m

NPP 5y

 

Total:

22y

NPP 14y 6m

 NilIntent GBH

SNPP 20 years

Stabbed male stranger once to chest in altercation outside pizza place late at night – stabbed second male in chest twice – spontaneous offence – protective of brother who had been pushed to ground but no self-defence – carrying knife in public place – below mid-range

Good prospects of rehabilitation – prior good character – some reduction for conduct of trial

DE BEYER

(50)

[2017] NSWSC 1700

Hidden AJ

VG

25y

NPP 19y

 Sporadic – several breaches of AVO and stalking offences – murder breached AVOIntent GBH

NPP 20 years

Single stab wound to abdomen of wife during argument – circumstances of stabbing unknown – attempted to cover up act

Troubled although lengthy relationship with alcohol and drug abuse – domestic violence – troubled and violent childhood

Last Updated: 25.6.2018

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