Public Defenders
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Escape Lawful Custody

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

s34 Correctional Centres Act 1952 (Max 10y) (prior to 4.11.1991 max 7y) replaced 3.4.2000 by s.310D Crimes Act 1900 (Max 10y)


CaseOffencePleaTime at LargeSentenceAppealRecordFacts
Prasad
NSW CCA
1.9.1993
EscapePG3 daysMT 2y
AT 14m
AD.Escaped from team working outside gaol - did not like gaol.
Carrion
(1993) 69 A Crim R 230
Escape35 daysFT 12mADServing time for assault and armed robberyDuring escape committed further serious offences in South Australia.
Young
(27)
NSW CCA
27.10.1993
Escape7 daysMT 6m
AT 2m
AA
MT 4m
AT 4m
Escalating record involving property and drug related offences.Female - Returned to de facto and three children - arrested after mother informed police - escaped because of psychological effects of separation from baby.
Fresh psychological evidence.
Sanderson
(26)
NSW CCA
23.11.1993
Escape1 weekMT 9m
AT 12m
AA
MT 25w
AT 15m 1w
Serving time for dishonesty offencesFemale - dallied on way to work release - panicked on arrival and escaped - no pre-meditation - no further offences.
Henderson
(23)
NSW CCA
15.12.1993
EscapePG1 monthMT 12m
AT 4m
ADLengthy recordNo violence associated with escape and no further offences – arrested by police during RBT - escaped because of threats to life upon arriving at prison (mistaken identity)
Munday
NSW CCA
2.8.1995
EscapePGfour hoursMT 6m
AT 6m
AA
MT 2m
AT 10m
Serving time for two AR and LMVClimbed fence at Kirkconnell and found four hours later by warders - returned without protest - no reason for escape, but depressed.
Sinnett
NSW CCA
27.11.1995
EscapePGMT 1y 3m
AT 9m
AA
MT 10m
AT 1y 2m
Reasons for escape were the ‘very real pressures’ on prisoner.
Sammak
NSW CCA
2.9.1996
Escape1 yearMT 18m
AT 12m
AA
MT 12m
AT 6m
Long record. Escaped while working as a sweeper outside MTC - prisoner had been threatened.
Ertl
(29)
NSW CCA
7.5.1997
EscapePG4 monthsMT 12m
AT 12m
ADrobberyFemale - climbed over wall at Norma Parker Centre - unpremeditated - no offences committed whilst at large.
Sexually abused by stepfather, history of drug and alcohol abuse.
Downes
(33)
NSW CCA
7.11.1997
EscapePG1 monthMT 2y
AT 2y
AA
MT 1y
AT 2y.
Dishonesty, drivingOver fence at Silverwater - caught by police - escaped for “personal reasons” and “to clear my head.”
Aslett
(27)
NSW CCA
16.10.1998
EscapePGvery short timeFT 3mADprior conviction for escapeEscaped from toilet at hospital wearing only underpants and bandage - apprehended short time later in car park area - escape was part of suicide bid - seeking to be shot by officers.
Contrition, psychiatric disorder.
Ravet
(26)
NSW CCA [63]
10.3.1999
EscapePGMinutesFT 6mAA
FT 4m 2w.
multiple stealing, BES, assault, GIC, breach parole.During conveyance from court to gaol, opened police van door while stopped and ran - captured shortly thereafter, having injured foot and back as was still in handcuffs – no planning - able to open door by pushing it - under influence of medication taken for drug addiction
Erroneously sentenced on basis he manipulated door lock
Attie
(26)
NSW CCA [70]
17.3.2000
Escape23 daysMT 5m
AT 8m
AA
3y GBB
Escaped from minimum security gaol while collecting branches for aviary.
Exceptional case - suffering psychological distress after witnessing massacre in Lebanon - very bad experience in gaol - wrongly labelled informer by prison authorities and subjected to threats and violence - received no assistance from authorities and forced into segregation.
Regina
(51)
NSW CCA [100]
20.3.2000
EscapePGmore than 3y 6mMT 2y
AT 1y
ADappalling recordWalked out of minimum security centre - while at large served term of imprisonment in Northern Territory - not extradited to NSW until three years later.
Amount of time at large makes escape a remarkable one - aggravating feature.
Riddell
NSW CCA [144]
10.4.2000
EscapePGvery short timeMT 5m
AT 4m
AA
9m
NPP 5m
Spur of the moment - no premeditation - no aggravating features - cry for help in relation to suicidal wife - escaped at place liable to be seen - injured self on wire and found walking along road making no attempt to avoid capture.
Butler
(20)
NSW CCA [525]
4.12.2000
Attempt escapePGMT 12m
AT 6m
AA
18m
NPP 9m
lengthy recordFemale - climbed two fences abandoning attempt after recognising attempt would fail.
Mother of 4y child – immature - drug addiction - some evidence of rehabilitation.
Friedemann
(63)
NSW CCA [516]
6.12.2000
EscapeFT 12mAA
FT 6m
serving sentence for drug offencesEscaped from minimum security centre and went to Victoria to obtain extensive medical treatment - felt receiving insufficient treatment in custody.
Committed further offences - suffering serious medical condition.
Stokes
(42)
NSW CCA [82]
1.3.2001
EscapePGnearly 12 months3y 1d
NPP 1y
AA
2y
NPP 8m
serving lengthy sentence for violenceEscaped from minimum security using gardening tools - wife waiting in car - degree of planning - long time at large - escaped after pressure from wife needing support - committed no offence while at large - wife died from drug overdose.
Evidence of good rehabilitation.
Walford
(21)
NSW CCA [200]
23.4.2001
EscapePG7 minsFT 4mADserving sentence for robbery in companySaw open gate at minimum security centre and walked out - picked up almost immediately.
Female - Aboriginal with traumatic background, drug addiction, raped.
Barton
NSW CCA [233]
14.6.2002
Escape12mAA
3m
serving sentence for BESEscape related to domestic situation - intellectual disability not made clear at sentence
Smith
(52)
NSW CCA [69]
16.3.2004
EscapePG5 days2y
NPP 18m
ADServing sentence for BE with intent to kidnapEscaped from Goulburn gaol with intention of proving innocence in relation to sentence being served – forced cell bars open with metal device made in metal shop.
Pham
NSW CCA [94]
22.3.2005
EscapePG9 months18m
NPP 12m
Crown AA
Date of commencement of sentence brought forward by 4m
Serving balance of parole for Agg AREscaped from Auburn Hospital – committed offences in Vic and served sentence – sentence for escape effectively subsumed by parole to be served – judge inappropriately took into account deportation following sentence – error in not taking into account that parole revocation order had not been rescinded at time of sentence
Hookey
(21)






Cooper
(22)






Dates
(18)

NSW CCA [252]
30.9.2009
Escape
Offence






Escape
3 offences






Escape
6 offences
PG







PG
2h







36h







36h
11m 1w
NPP 3m
(cumulative)

Total:
17m 1w
NPP 9m

12m
NPP 3m
(cumulative)

Total:
18m
NPP 9m

12m
NPP 3m
(cumulative)

Total:
18m
NPP 9m
Crown ADAgg BES – lengthy criminal record – escape offence on record



Assault and AOABH – significant record




Driving offences – extensive record – escape offence on record
Escaped together from low security correctional centre in far west – left in stolen prison utility – pursued by police – H apprehended after 2 hours – C and D stole second car – apprehended after 36 hours when vehicle ran out of fuel

C – heroin and alcohol addiction – bleak prospects of rehabilitation
D – abused as a child – heroin and alcohol addiction – affected by decision of authorities not to allow him to attend father’s funeral
H – drug addiction




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