Back to Top

Back to Sentencing Tables Index
This table is intended to be used as a guide only. Individual cases should be read if they are to be relied upon.

 

Murder - Attempt

 

s.27 Administers to, or causes to be taken by, any person any poison, or other destructive thing, or by any means wounds, or causes GBH to any person with intent to murder:  25 years.

s.28 Set fire to any vessel, or any chattel therein, or any part of her tackle apparel or furniture, or casts away or destroys any vessel, or by the explosion of gunpowder, or other explosive substance, destroys, or damages any building, or places or throws, any matter or thing upon or across a railway, or removes, or displaces any sleeper, or other things belonging to a railway, with intent to murder:  25 years

s.29 Attempts to administer to, or cause to be taken by, any person any poison, or other destructive thing, or shoots at, or in any manner attempts to discharge any kind of loaded arms at any person, or attempts to drown, suffocate or strangle any person with intent to murder: 25 years

s.30 By any means other than those specified in sections 27 to 29 both inclusive, attempts to commit murder:  25 yearsStandard Non-Parole Period (offences committed on or after 1.2.2003) – 10 years 

Case 
(age if known)

OffencePleaSentenceAppealRecordAttempt TypeFacts

Sindoni

(44)

NSWCCA

27.4.1993

s.27VG

MT 6y

AT 2y

ADNilshotgun

Shot brother-in -law a number of times when found out he had hit offender's wife.

Married with children – hardworking - offence out of character

Tarrant

(18)

NSWCCA

11.5.1993

s.29 - attempt strangle

 

Sched:

Sexual int w/o consent

PG

MT 1y 6m

AT 3y 6m

Crown AA

MT 3y 6m

AT 3y 6m

nilstrangulationAbducted female - drove to isolated area - squeezed victim's throat until unconscious - left victim believing her to be dead - surrendered to police.

Roberts

(40)

NSWCCA

8.3.1994

s.27PG

MT 5y

AT 4y

ADNilstabbing

Stabbed sleeping wife repeatedly.

Disturbed and violent family background – emotionally disturbed.

Cool

(25)

NSWCCA

2.6.1994

s.27

 

Sched:

4 offences

VG

MT 7y

AT 3y

ADmanufacture amphetamine, obtain benefit by deceptionstabbing

Stabbed sleeping stranger in neck from behind on a train - knife penetrated 5cm, narrowly missing the jugular vein.

Alcohol and drug addiction.

Glencourse

(27)

NSWCCA

21.4.1995

s.27VG

MT 8y

AT 2y 8m

AA

MT 7y

AT 3y 8m

nilstabbing

Stabbed girlfriend repeatedly after she rejected sexual advances, then stabbed himself.

History of some violence between them - prior good character - drug problems.

Alvaro

(52)

NSWCCA

30.11.1995

s.27VG

MT 7y 6m

AT 2y 6m

ADCriminal record – time spent in gaolshootingVictim invited to offender's shop and shot by co-offender.

Papalia

(20)

NSWCCA

18.7.1996

s.27

 

 

SMV

PG

MT 9y

AT 4y

 

FT 1y

(concurrent)

ADassault, armed rob in company, armed robshooting

Hired to kill victim who was having affair with wife of another man - shot victim in stomach and back leaving him a paraplegic – worst type

Youth – assistance - protective custody.

Sinclair

(27)

NSWCCA

4.3.1998

s.27PG

MT 5y

AT 2y

ADnilstabbing

Ejected from pub after argument with victim – obtained knife from home and returned to pub – stabbed victim twice in stomach.

Intoxicated - binge drinking problem - took counselling at own initiative in gaol to address problem - chronic fatigue syndrome at 18.

Thew

NSWCCA

25.8.1998

2 x s.27PG

MT 2y 9m

AT 3y

Crown AA

MT 5y

AT 4y

nil relevantpoison

Attempted to poison himself and two daughters (14m and 8y) in motor vehicle with carbon monoxide.

Depression - remorse.

McCaffrey

 

Rowsell

 

[1999] NSWCCA 363

s.27PG

MT 9y

AT 6y

AA

MT 7y

AT 6y

not statedstabbing / assault

Picked up 17y schoolboy hitchhiking - v beaten and tied up - taken to bush in car boot, stabbed in back of neck and pushed down embankment - thought victim had died

Under influence of alcohol and drugs.

Manna

(23)

[1999] NSWCCA 314

s.27PG

MT 15y

AT 5y

ADincludes possess shortened firearmshooting

Attacked victim at supply truck, shooting him in face, chest and arms five times.

Abuser of illegal drugs including steroids.

AM

[2001] NSWCCA 80

s.27

 

 

Use offensive weapon to commit assault

PG

(35% plea and assist)

11y 8m

NPP 7y

 

6y

(concurrent)

AD stabbingAgreed to be involved in murder for $10,000 – role was to subdue wife while husband killed – co-offender's cut throat of male victim and stabbed him in chest – attack not fatal – principle in second degree - held female victim's head while co-offender pulled cable tie around her neck – attack observed by young children

Macadam-Kellie

[2001] NSWCCA 170

s.27

PG

(15% on appeal)

16y

NPP 12y

AA

15y

NPP 11y

nil - breach of apprehended violence order.stabbing

Stabbed wife several times with bread knife outside Family Court - element of pre-meditation

Depressive illness.

Rae

[2001] NSWCCA 545

s.27

 

Sched: AOABH

PG

19y 8m

NPP 14y 9m

ADnilfire

Threw petrol over former girlfriend and set her alight - burns to 93% of her body - neighbour trying to assist received burns to 10% of body (Schedule offence) - worst case

Intelligent and accomplished.

Quach

(42)

[2002] NSWCCA 173

s.27VG

9y

NPP 5y

ADnilassault with bottleAttack on wife - hit her on head with bottle repeatedly, tied legs and gagged mouth – victim lost blood and consciousness for some time.

Doan

(18)

[2003] NSWSC 345

Hidden J

s.27PG

7y

NPP 3y 6m

 serious post offence recordassault

With group of male youths took 18y schoolboy from coffee shop – victim assaulted and offender held legs during attempt strangulation - victim subsequently stabbed to death by co-offender - limited role - scared of co-offenders

Vietnamese with disturbed and difficult background - some hope for rehabilitation

Bell

[2005] NSWCCA 81

s.29PG

4y

NPP 2y 6m

ADPrior assault on ex-wifestrangulationDuring argument with de facto wife attempted to strangle her – desisted when 11y son intervened – telephone police and admitted intent

Zegura

(24)

[2006] NSWCCA 230

s.27

 

 

 

Mal destroy by fire

 

Sched:

Cruelty to animal

PG

8y 6my

NPP 6y

 

 

FT 18m

 

Total:

9y

NPP 6y 6m

Crown AA

8y 6my

NPP 6y

 

4y

NPP 2y

 

Total:

9y 6m

NPP 7y 6m

AR - BESstabbing

SNPP – 10 years

Stabbed ex-girlfriend at her home – serious injury to hand – angered at estrangement – five hour siege – continued to threaten to kill victim – stabbed family dog – set fire to house during siege

Farmer

(36)

[2008] NSWSC 581

Hall J

s.27

 

 

s.86(1)(b) detain with intent

 

s.198 mal damage by fire

VG

18y 6m

NPP 14y

 

7y 3m

NPP 5y 6m

 

 

16y

NPP 12y

 

Total:

24y 6m

NPP 20y

 Priors for violence – breached paroleAssault / fire

SNPP – 10 years

Broke into home during day – struggled with female occupant in bedroom – detained and sexually interfered with complainant – complainant taken to garage and severely assaulted with fibro-cutters – doused complainant and house with petrol – set fire to house using electric toaster and gas oven – motivated by desire to avoid apprehension

Park

(2010) 202 A Crim R 133

[2010] NSWCCA 151

s.28

 

 

Mal damage by fire

VG

18y

NPP 12y

 

2y

NPP 16m

ADnilFire

SNPP – 10 years

Angered by wife's request for divorce – locked wife in bedroom with offender and splashed paint thinner over bedroom and victim – set fire to thinner – above mid-range but below high range

Little

[2010] NSWCCA 210

s.27

 

 

3 x s.58 assault prison officer

PG

20y 6m

NPP 15y 3m

 

FT 6m

(concurrent)

AD Assault

SNPP – 10 years

Attacked prison officer while being escorted through prison complex – punched, kicked and stomped on unconscious victim causing long-term physical and neurological damage  – threatened and abused three other prison officers

McLaren

(55)

[2011] NSWDC 115

Berman SC DCJ

 

[2012] NSWCCA 284

s.30

PG

(25%)

8y

NPP 5y

AA

5y

NPP 3y

nilPlaced victim in perilous position in bed

SNPP – 10 years

Male carer attempted to kill male patient suffering from motor neurone disease – sought to escape from responsibilities of constant care – lowered bed hoping victim would suffocate – ignored suffering of victim for many hours – slightly below mid-range

Suffered mental illness for many years – new evidence on appeal of severely impaired mental state at time of offending

Windle

(21)

[2012] NSWCCA 222

s.29

PG

(25% on appeal)

7y

NPP 2y 6m

Crown AA

5y 4m

NPP 4y

No details provided.strangulation

SNPP – 10 years

Attacked fellow inmate in gaol - attempted to strangle victim in showers using sock – victim fell unconscious to floor – no explanation – impulsive, not planned – voluntary disclosure of intention to kill

Mental illness.

Devaney

[2012] NSWCCA 285

s.29

 

 

 

2 x unauth possess proh firearm

 

Unauth poss firearm

PG

(15%)

14y

NPP 10y 1m

 

 

3y 4m

NPP 2y 6m

(each)

 

FT 2y

 

Total

15y 3m

NPP 11y 4m

AA

12y

NPP 8y

 

3y 4m

NPP 2y 6m

(each)

 

FT 2y

 

Total

13y 3m

NPP 9y 3m

includes violence and firearms and breach of AVOshooting

SNPP – 10 years

Walked into gym and shot former girlfriend three times striking her twice in abdomen – found in possession of ammunition, knife and three prohibited pistols – pre-meditated offences in public place – domestic violence offence – slightly above mid-range

Suffering paranoid schizophrenia – violent danger to community

Note: sentence accumulated to existing sentence – total period of imprisonment at first instance was 15y 6y NPP 11y 7m as indicated at [8] in judgment

Cvetkovic

[2013] NSWCCA 66

s.27VG

17y 4m

NPP 13y

AD Stabbing

SNPP – 10 years

Stabbed former wife with gyprock saw several times – could not accept relationship had ended – relationship had history of domestic violence and death threats - high range objective seriousness.

Williams

[2013] NSWCCA 168

s.27

 

Sched:

s.195(1)(b)

PG

(45% plea and assist)

10y

NPP 7y

ADBES, obtain money by deceptionStabbing

SNPP – 10 years

Offence occurred in 2008 – 'contract killing' – manager of caravan park where offender employer approached offender about killing her former partner – initially refused – after manager persisted feared losing job and house – manipulated third person to kill victim by falsely telling him victim was a paedophile – victim stabbed numerous times by co-offender - motivated by financial reward – planning – organisation - between mid-range to top of range objective seriousness

Remorse

George

(30)

[2013] NSWCCA 263

s.27

PG

(18%)

15y 2m

NPP 11y 5m

AD shooting

SNPP – 10 years

Shot 24y girlfriend in head causing long-lasting and debilitating injuries

Abusive and violent upbringing - schizophrenia

Jennar

[2014] NSWCCA 331

s.29

 

 

 

s.97(1)

 

 

s.97(2)

 

s.97(2)

 

s.97(2)

 

Sched:

Proceeds of crime

VG

 

 

 

PG

(15%)

 

VG

 

VG

 

PG

(15%)

Indicative

14y

NPP 10y

 

4y 6m

 

 

6y

 

7y

 

5y

 

Agg

16y

NPP 12y

Crown ADExtensive – breached conditional libertyshooting

SNPP – 10 years

With co-offenders involved in armed robberies of post office, building society and hotels – armed with semi-automatic pistol, rifle and sawn-off shotgun – during one robbery recognised by patron and encouraged co-offender to shoot him – victim shot in abdomen – offences planned but not sophisticated – female employees threatened – attempt murder gratuitously cruel and of high moral culpability

Parents drugs addicts in and out of gaol – early drug additions – some remorse

DS

[2014] NSWDC 7

Haesler SC DCJ

s.27

PG

(25%)

10y 6m

NPP 6y 6m

  stabbing

SNPP – 10 years

Formulated plan to kill ex-husband of current partner – believed partner's allegation that victim had sexually abused daughter – after victim dropped children off at childcare deliberately collided with victim's car then stabbed him 4 times – above mid-range

Bi polar disorder

Betts

(35)

[2015] NSWCCA 39

s.27

 

 

s.86(2)(b)

PG

(10%)

16y

NPP 11y

ADNilstabbing

SNPP – 10 years

Repeatedly stabbed ex-girlfriend and would not allow her to leave apartment - stated they should die together – victim suggested she should stab offender so she could escape – offender suffered substantial injuries - profound jealousy at break-up - sustained and determined attempt to kill - very serious example of its type – planned

Tregeagle

(22)

[2016] NSWCCA 106

s.27

 

 

 

3 x s.95(1)

 

2 x s.97(1)

 

Att s.97(1)

PG

(25%)

Indicative

12y

NPP 8y

 

4y 6m – 6y

 

4y 6m – 4y

 

3y

 

Total:

22y

NPP 16y 6m

ADnil significantstabbing

SNPP – 10 years

Robbed bottle shops, convenience store and video shop armed with knives – on one occasion used baseball bat to assault employee – stabbed employee of bottle shop in stomach multiple times when he resisted robbery – victims vulnerable – offences committed for financial gain

Shine

(58)

[2016] NSWCCA 149

s.27

PG

(25% on appeal)

12y

NPP 7y 6m

AA

9y

NPP 5y

Nilstabbing

SNPP – 10 years

Stabbed male in back and neck while victim asleep in bed – believed he was protecting victim's wife from harm – victim ran outside – offender obtained larger knife and slashed victim's face – victim suffered life threatening injuries.

Psychotic illness which involved delusional beliefs and grossly disturbed capacity for logical thinking - affected ability to recognise actions wrong

Hitchcock

(26)

[2016] NSWCCA 226

s.27

PG

(15% plea and assist on appeal)

12y

NPP 8y

AA

9y

NPP 5y

MinorStab

SNPP – 10 years

Stabbed male 6 times in park in front of children – ex-partner of co-accused – significant degree of planning

Significant cognitive functioning issues – easily manipulated by co-accused  - some remorse

Martin

(24 at offence)

[2017] NSWSC 1498

(Hamill J)

s.27

 

 

Accessory after fact to murder

PG

(15%)

 

(25%)

7y 6m

NPP 2y 6m

 

3y 3m

 

Total:

9y

NPP 4y

 nilstabbing

SNPP – 10 years

Female – husband took out insurance policy and made plans to kill father – offender 'agreed to cover his arse' – provided false alibi after husband stabbed father in his own home – non fatal injuries – husband subsequently killed father 2 months later with samurai sword - failed to disclose knowledge of husband's involvement - actively misled police - partially motivated by possibility of financial gain - misguided loyalty – reluctance to leave children without father

Abusive relationship - hardship to third parties – mother of young children

Last Updated: 10/5/2018

Back to Sentencing Tables Index ​