| Case | Offence | Plea | Sentence | Appeal | Record | Facts |
Anforth
(29)
NSW CCA [222]
12.8.2003 | s.86(2)(a) | PG | 2y suspended | Crown AA
2y
NPP 10m | Not serious | With 2 co-offenders travelled to place where victims staying – Victims forced into car, handcuffed and driven to new location – Handcuffs removed with angle grinder – Respondent left group – Victims taken interstate by other offenders and further atrocities committed – Respondent armed with baseball bat – Lesser offender
Remorse – Assistance – Good character evidence |
Lee
(31)
NSW CCA [391]
18.12.2003 | s.86(1)(b)
Sch:
s.33B
s.114(1)(d)
3 x Assault | PG | 6y 6m
NPP 3y 6m | AA
5y
NPP 2y 6m | Prior convictions – no custody | Entered school to steal money and teacher and students returned to classroom – Hid in storeroom then emerged and locked teacher and students in room – Pretended to have bomb – 3 children assaulted – Threatened with knife – Offence committed over 20 minutes
Bizarre behaviour – Insufficient weight given to mental illness |
Pearson
(25)
NSW CCA [129]
7.5.2004
NSW CCA [151]
13.5.2004 | 3 x s.85A(1)
Sched:
12 x s.85A(1)
Possess knife at school | PG | 8y 6m
NPP 5y 6m | AA
5y
NPP 3y | Minor – breached bond | Entered classroom and detained teacher and children for 1h 10m – Can of petrol placed in middle of floor – Children badly affected
Upset over lack of access to daughter over Christmas – Major depressive illness – Possibly PTSD – Suicidal – Fresh evidence as to mental condition – Stopped medication in medical advice |
DRR
(23)
NSW CCA [126]
7.5.2004 | Kidnapping (14y) | PG | 4y 6m
NPP 2y 3m | AD | Prior for mostly dishonesty, drugs and driving | Female provided appellant with lift in return for assistance with loading car – during journey bizarre behaviour – drove various places out of fear – appellant took over driving – threats made to kill and rape – alighted and forced complainant to accompany him along street
Drug induced psychosis – remorse – dysfunctional family – sexually abused |
Davis
(24)
NSW CCA [310]
3.9.2004 | s.86(3) | PG | 4y
NPP 9m | AA
12m GBB
(served 9m NPP) | Nil | With two male co-offenders forcible removed female friend from residence – Complainant punched and kneed in stomach to force in car – Once returned to applicant’s house in different town allowed to ring police – Motivated by concern to have C return and look after her 3y son
Cook Island community |
Falls
(33)
NSW CCA [335]
1.10.2004 | Attempt to detain with intent to obtain a sexual advantage | PG | 8y
NPP 6y | AA
6y
NPP 4y 6m | Prev Agg SI w 12 y old girl, also on way from school – subject offence committed in breach of parole | Followed 12y girl on way home from school – tried to force her into a block of flats but she ran away – offender denied any sexual intent and said he only wanted to have a conversation with V
Had attended sex offender treatment in custody and on release – daily cannabis user - remorse |
JNN
(17)
NSW CCA [426]
30.11.2004 | s.86(3) | PG | 3y 4m
1y 10m | 3y
1y 6m
to be served in JJ centre | Nil | In company, abducted female by car – kicked her while on ground – some hair cut off – made to remove clothes – called a ‘slut’ and taunted about an abortion she had allegedly had – abandoned in underwear – PTSD
Yr10 student – stable and supportive environment – now studying and working – maturation – parity |
VL
(15)
NSW CCA [301]
3.9.2005
NSW CCA [389]
21.11.2005 | s.86(3)
Sched:
AR
Possess cannabis | PG | 6y
NPP 4y | 5y 4m
NPP 3y 6m | Criminal record including AR – breached parole | Group of males attacked male doctor in car park – Threatened with knife and metal pole – Forced into car to ATM – Assaulted in attempt to escape
Tongan |
Li
NSW CCA [442]
13.12.2005 | s.86(2)(a) | PG | 5y 4m
NPP 3y 9m | AA
5y 4m
NPP 3y 3m | Nil | Group of males accosted male overseas student and demanded money – detained for 3 hours – demands persisted over one week – carefully planned and executed extortion
Limited English |
Williams
(3o
Saunders
NSW CCCA [33]
23.2.2006 | s.86(2)(a)
s.86(2)(a)
Cultivate plant
Sched
Deemed supply leaf | VG
VG | 4y
NPP 2y
4y
NPP 2y
FT
(concurrent) | AA
2y 6m
NPP 18m
AD | Minor
Nil – breached bail | Cannabis plants found growing in S’s garage during investigation into break in – Two days later S and wife picked up 14y burglar and detained in house for several hours – W called in to assist – V taken to forest area – attempt to find out accomplices – offence unplanned and out of character
S – instigator and primary offender
W – prospects of rehabilitation |
Lin
(22)
NSW CCA [258]
25.8.2006
Co-offender: LI | s.86(2)(a) | PG | 5y 4m
NPP 3y 9m | AA
5y 4m
NPP 3y 3m | Nil | Chinese student detained, threatened and assaulted over period of time by group of offenders – attempt to extort $20,000.
Parity |
Stavropoulos
NSW CCA [333]
7.12.2007 | s.86(2)(a) | PG | 2y
NPP 10m
Suspended | Crown AD |  | Respondent’s son died of drug overdose in victim’s company – respondent wished to question victim – paid two others to kidnap victim and bring victim to respondent. |
Heine
NSW CCA [161]
16.4.2008 | s.86(1)(b) | PG | 4y
NPP 2y | AD | | Tied wife to bed with curtain tie – suspected wife was having an affair – threatened her with knife saying he would kill her.
Mental disorder – depressive illness – alcohol dependence |
Barlow
(19)
NSW CCA [96]
6.5.2008 | s.86(3) | PG | 15m 2w
NPP 5m 2w | AD | Nil | Female assaulted and terrorised male cousin over two hours with unidentified male associate – little planning – vigilante action in response to being sexually assaulted by cousin four years earlier
Prior good character |
Hammond
NSW CCA [138]
10.6.2008 | s.86(2)(b)
Larceny | PG | 7y 6m
NPP 5y
(12m concur) | AD | Record | Assaulted wife after evening out – punched and kicked her – forced head onto carpet and held down for ten minutes with foot – Forced head into lap and squeezed throat until complainant blacked out – stole credit card |
Jeffries
(38)
NSW CCA [144]
26.6.2008 | s.86(2)(b)
s.86(1)(b) | VG | Total:
10y
NPP 7y 6m | AD | Violence; on bail and subject to AVOs | Detained and assaulted partner and her 15 year old daughter – choked partner and ripped out part of underneath portion of her tongue.
History of domestic violence. |
Owens
NSW CCA [155]
14.7.2008 | s.86(2)(b) | VG | 6y
NPP 4y | AD | | In company of co-accused detained pregnant female victim who had been sharing A’s flat - V suspected of taking A’s money and wallet. |
Flentjar
(31)
NSWSC [771]
Buddin J
26.7.2008 | 2 x s.86(3) | PG | 10y
NPP 7y | | Minor | Aider and abettor to two co-offenders – male victim lured to house, assaulted and hogtied – wife subsequently lured to house and also hogtied – left house before both victims murdered – believed action taken in retaliation for sexual assault on daughter of co-offender – failed to assist victims – callous disregard
Previously good character – contrition – to give evidence against co-offender on sentence |
Kerr
(38)
NSW CCA [201]
29.8.2008 | s.86(2)(b) | PG | 11y
NPP 8y | AD | Violence, dishonesty. On parole. | Recently ended relationship with victim - Attended victim’s home at night asking that she give him a ride – directed her to isolated area where victim was cut on foot with knife and threatened, punched and kicked – took victim to two homes during course of evening where she was tied with duct tape and subjected to further assaults and threats that she would be killed.
Drug abuse. |
Carroll
(57)
NSW CCA [300]
8.12.2008
Co-offender:
OWENS | s.86(2)(a) | VG | 6y
NPP 4y | AD | Violence, drugs – breached bond | In company of co-accused detained pregnant female victim who had been sharing flat with co-offender- V suspected of taking co-offender’s money and wallet – V needed to go to hospital with contractions – aider and abettor |
