NAME | OFFENCE | PLEA | SENTENCE AT FIRST INSTANCE | RESULT ON APPEAL | SUMMARY OF RECORD | INVOLVEMENT & SUMMARY |
Leach
(37)
NSW CCA [247]
10.7.2000
Co-accused: BRIDGES | Sp Agg BE inflict GBH | PG | MT 4y 6m
AT 3y | AA
6y 9m
NPP 4y | firearms, drug | With four co-offenders broke into country home assaulting owner - tied victim’s hands, placed paper bag over head - took cannabis and rifle - victim suffered broken ribs and leg |
Bridges
(38)
NSW CCA [92]
21.3.2001
Co-accused: LEACH | Sp Agg BE commit armed robbery | PG | MT 4y 6m
AT 3y | AD | drugs, property | With four co-offenders broke into country home assaulting owner - tied victim’s hands, placed paper bag over head - took cannabis and rifle - victim suffered broken ribs and leg |
Smith
(33)
NSW CCA [17]
27.2.2009 | Sp Agg BE and mal wound | PG | 6y
NPP 3y 6m | AA
5y
NPP 2y 6m | Extensive record including similar offences | Offence committed after 1.2.2003
Entered house of acquaintance after asking children on verandah for blade of knife – assaulted female occupant with knitting needle causing puncture wounds – minor injuries – spontaneous offence – well below midrange
Voluntarily attended police station – developmentally and intellectually disabled |
Micklesson
(18)
NSW CCA [61]
13.3.2009 | Sp Agg BE AOABH | PG | 9y
NPP 6y | AD | No significant record. Mal damage. On bond. | With cooffenders entered home – armed with baseball bat – cooffender armed with loaded firearm – four victims – struck victim with baseball bat – cooffender discharged firearm (not at victims). |
Cheh
(33)
NSW CCA [134]
1.5.2009 | Sp Agg BE and assault
Breach bond
Sched:
Deemed supply | PG | 5y
NPP 3y 9m
(FT 6m concurrent) | Crown AD | Limited included violence | Offence committed after 1.2.2003
Broke into home of ex-partner at night – intended to say goodbye to son before committing suicide – assaulted male occupant – dragged ex-partner into kitchen and stabbed twice in chest with kitchen knife – threat to kill – cut complainant’s hand in attempt to cut throat – aware young child nearby – spontaneous offence
Suffering depression and intoxicated at time of offence as result of death of older child – remorse – good prospects of rehabilitation |
| NAME | OFFENCE | CIRCUMSTANCE OF AGGRAVATION | PLEA | SENTENCE AT FIRST INSTANCE | RESULT ON APPEAL | RECORD | FACTS |
LBK
(16)
NSW CCA [248]
18.6.2001 | s.112(3) | Infliction of GBH | PG | MT 3y
AT 3y | AD | priors including BES - on bail and probation at time of offence | Broke into home - when confronted by occupant struggled and stabbed occupant several times in chest, arms and legs.
Deprived childhood - some evidence of rehabilitation - fresh evidence of ADHD. |
X
(38)
NSW CCA [56]
13.3.2003 | s.112(3) |  | PG | 23m
NPP 9m | Crown AA
4y
NPP 2y 6m | poor record | Informed co-offender of fact that victim stored money in house - Group of men broke into house armed with gun, knife and bat - Occupants threatened and assaulted and property stolen - R stood guard outside
Assistance to police resulted in death threats - Married with 6 children |
Voss
(17)
NSW CCA [182]
7.7.2003 | s.112(3) | Maliciously inflict GBH | PG | 10y
NPP 6y 6m | AD | Not stated | Broke into house and stole stereo – Disturbed by 12y male – Hit victim over head with cricket bat twice causing permanent and serious brain damage |
Sultan
(19)
N
(17)
NSW CCA [404]
3.12.2003 | s.112(3) | | PG | 9y
NPP 5y
9y
NPP 5y | AA
7y
NPP 4y
7y
NPP 4y | Minor
Minor | Broke into home of 63y male victim and family seeking money – Sultan armed with baseball bat – N armed with knife – Two other co offenders armed with pistol and shotgun – Victim threatened with gun and prodded with knife – Jewellery and cash taken.
Appeals allowed on parity grounds with co offenders. |
Matthews
NSW CCA [112]
23.4.2004 | s.112(3)
Sched:
Possess drug | Wounding | PG | 11y
NPP 7y | AA
9y
NPP 5y 6m | Lengthy | Female - Victim assisted A and co-accused in pawning goods and received $50 share – A and co-accused broke into victim’s home to obtain the $50 – V hit with iron club then stabbed seven times by A – Property stolen
Unwilling participant – SJ failed to take into account dysfunctional background and low intellectual functioning |
Hathaway
(20)
NSW CCA [368]
20.10.2005 | 112(3) | Mal wound | PG | 6y 9m
NPP 5y | AD | Significant – includes violence | Broke into school administration block – assaulted principal with tyre lever
Protective custody |
Milane
NSW CCA [281]
5.9.2006 | s.112(3) | | PG | 6y 10m
NPP 4y 4m | AD | Breached bonds | Offence committed after 1.2.2003
Home invasion at home unit with co-offenders – pretended to be police – used replica pistol – threats to kill – one occupant assaulted with pistol – stole property |
Van Rysewyk
(22)
NSW CCA [130]
16.6.2008 | s.112(3) | Wounding | PG | 6y
NPP 3y 6m
(partially concurrent on another sentence) | Crown AA
8y 7m
NPP 5y | On bond and bail. Robbery. | Offence committed after 1.2.2003
With cooffenders armed with knives, broke into residential home – threatened elderly couple – stabbed male victim in leg – took cash, jewellery and other items.
Drug dependency. |
