| Case | Plea | Record | Sentence | Appeal | Facts |
Nguyen
(24)
NSW SC [536]
Greg James J
14.6.2002 | PG -
Mansl
s.33
2 x s.33A
Sched:
Possess unlic firearm | Serious offences including armed robbery - On parole | 7y
NPP 3y 6m
(other offences concurrent) |  | 6 persons burst into house where offender visiting - armed with clubs and bars intending to rob and inflict injury if required - Offender discharged 2 shots from pistol killing one man - Pursued men firing more shots - Impulsive shooting
Vietnamese - Prospects of rehabilitation |
Cioban
(37)
NSWSC [972]
Studdert J
18.10.2002
NSW CCA
(2003) 139 A Crim R 265 | VG
s.33A
Manls | minor | Manslaughter:
8y
NPP 5y
Total:
9y
NPP 6y | Conviction AA - s.33A
Manslaughter:
AA
6y 6m
NPP 4y | Involved in fight with group of Fijians on street - Punched and kicked - Fired shot at V failing to strike anything - Pursued by V in aggressive manner - Backed into door way and shot V in chest - No premeditation - Believed necessary to defend self
Romanian - Full time carer for disabled son - Offence out of character - Good prospects of rehabilitation |
Trevenna
(32)
NSWSC [463]
Buddin J
29.5.2003
NSW CCA [43]
4.3.2004 | PG | Minor record – breached bond | 7y 6m
NPP 4y 6m | Crown AD | Female - Attacked by male house mate – Choked and threatened with death – V holding cricket bat – Shot V in back of head – Volatile and deteriorating relationship – Offender in fear of V – V large and intimidating male - Unpremeditated
Childhood history of sexual abuse – Remorse – Positive prospects of rehabilitation |
Scott
(41)
NSWSC [627]
Whealy J
10.7.2003 | PG | Minor/irrelevant | 5y
NPP 2y 6m | | Hit de facto husband on head 5 times with heavy iron – V threatened offender with knife – Buried body in backyard and claimed de facto left
Suffering depressive illness at time of offence – Would have responded to threat with acute and intense emotions of fear, anxiety and apprehension – Prospects of rehabilitation |
Boyd
(37)
NSWSC [263]
Buddin J
5.3.2004 | PG | Includes violence but only one period of imprisonment | 7y 6m
NPP 4y 6m | | Multiple stab wounds to neighbour in hotel with carving knife – Violent argument – Both intoxicated
Violent and deprived childhood – Hearing deficit and low intelligence – Reduced ability to deal with stress |
Forbes
(29)
NSWSC [421]
Hulme J
7.5.2004
NSW CCA [377]
4.11.2005 | PG
Mans
VG
Mansl – (murder trial) | Lengthy record – breached parole | Mansl 1:
12y
NPP 9y
Mansl 2:
12y
NPP 8y
Total:
19y
NPP 15y | AA
Mansl 1:
9y
NPP 6y 9m
Mansl 2:
12y
NPP 8y
Total:
16y 9m
NPP 12y 9m | Involved in fight outside hotel – Male stabbed by friend – Aware friends intoxicated and had knife – Aware risk knife would be used Unlawful and dangerous act – joint criminal enterprise)
3 months later took loaded gun to confront male acquaintance over disputed issues – Aware V violent – Shot V in caravan in subsequent struggle – Second shot fired while V on or near floor – Intent to kill
Low prospects of rehabilitation |
Muddle
(40)
NSWSC [403]
Bell J
21.5.2004 | VG
(murder trial) | Minor | 6y
NPP 3y | | Became involved in sustained physical fight with younger and powerfully built male acquaintance during drinking session at offender’s home – V threatened to kill then forced way into house – Stabbed in upper back with knife
Excessive self defence to introduce weapon
Genuine remorse – Reasonable prospects of rehabilitation |
Price
(29)
NSWSC [868]
Barr J
23.9.2004 | PG | Significant, inc 4 offences with a knife | 8y
NPP 5y | | Stabbed drug dealer – plea accepted but not wholly clear whether excessive self-defence or unlawful and dangerous act – habitually carried a knife
Aboriginal – previous alcohol problems – on methadone program but continues to use heroin from time to time – prospects of rehabilitation. |
Vuni
(50)
NSWSC [184]
Studdert J
11.3.2005 | VG
(murder trial) | Prior convictions for violence | 10y
NPP 7y 6m | | Shot male acquaintance in head after heated discussion – intent to kill – had been requested by deceased to recover stolen weapons and assault men responsible – threatened by deceased when failed carry out request – fearful for family present at scene of offence
Tongan |
Ward
(54)
NSWSC [266]
Whealy J
15.4.2005 | VG
(murder trial) | Minor assault | 7y
NPP 4y | | Stabbed male neighbour in throat with penknife used to open letters – V kicked offender with steel capped boots and punched him in head – not reasonable response to assault – history of poor relationship between neighbours
Immediate remorse – good character and good prospects of rehabilitation |
Ali
(mid 20s)
NSWSC [334]
Wood CJ at CL
18.4.2005 | VG at murder trial | Record includes acc to robbery | 5y 8m
NPP 2y 8m | | V obsessed with offender’s partner - threatened offender and partner a number of times including holding a pistol to H’s head – on night of killing, V had cocaine and told others he was going ‘to get’ offender – V talked with offender then threatened to have his parents killed – offender shot V when latter seeking refuge after being disarmed
Lebanese background – stable family – doesn’t use drugs – remorse – involved in community – H pregnant again |
WKD
(19)
MJN
(15)
NSWSC [694]
Mathews AJ
29.6.2005 | VG
(murder trial)
PG
Steal from dwelling | Included assault
Nil relevant | Manslaughter
12y
NPP 8y
Total:
13y 6m
NPP 9y
Manslaughter:
6y
NPP 3y
Total:
7y
NPP 3y 6m | | Male and young cousin assaulted male acquaintance in home with iron bar and beer bottle – stole property – Attended home with intent to assault – retaliation for earlier confrontation
WD - primary offender – inflicted majority of injuries – Excessive self defence - aboriginal – 2 children from long term relationship
NM – under influence of older cousin – pre-existing criminal enterprise to assault – Aboriginal - remorse |
Ahmad
(30)
NSWSC [911]
Howie J
11.9.2005 | PG
Mal inflict GBH
Mal wound
AOABH | Irrelevant | Manslaughter:
9y 4m
NPP 6y
Total:
10y 4m
NPP 7y | | Arguments between factions of Lebanese community – offender broke V1’s jaw and later shot and killed V2 – intent to kill
Lebanese – married with 3 young children – wife sentenced for hindering police – out of character – some hearing loss from bomb blasts in Lebanon – very low IQ – good rehabilitation prospects |
Cakosvki
(19)
NSWSC [1001]
Studdert J
7.10.2005 | PG | Minor but breach of bail | 7y 8m
NPP 5y 8m | Earlier conviction for murder overturned on appeal, [2004] NSWCCA 280 | Stabbed elderly drunk during attempt to rob – V had killed 3 people over 25 years earlier and had threatened to kill someone the night he was killed
Behaviour in custody improved since converting to Islam – supportive relationship and family – emotionally immature – possibly ADHD – no genuine remorse – special circumstances |
Hamilton
(34)
NSWSC [452]
Adams J
9.5.2007 | PG | Priors – no violence | 5y 6m
NPP 2y 6m | | Struggled with male friend at house – Victim acting in irrational, violent and threatening manner with knife – genuine fear – three blows excessive – took body and dumped in creek at golf course at bequest of occupier of house afraid of going to gaol –offence in low range
Borderline intellectual functioning – remorse |
Diab
(26)
NSWSC [577]
Studdert J
7.6.2007 | PG | Priors – assault | 10y 3m
NPP 7y 9m | | Met with victim in bedroom of house to discuss dispute over drug dealing – V drew gun but no evidence gun was loaded – shot victim five times – not a reasonable response |
King
(18)
NSWSC [1134]
Fullerton J
12.10.2007 | PG | Nil | 4y
NPP 22m | | Argument broke out with strangers outside family home of offender – 30-40 additional men arrived to continue fight – genuine fear for safety of self, brother and family including children in house – retrieved knife from house – stabbed V in neck – single stab wound - intent to inflict GBH only – low end of range of seriousness
Good character – Long term relationship with young child – Nearly 2 years PSC - remorse |
Hansell
(31)
NSWSC [1136]
Latham J
12.10.2007 | PG | Nil relevant | 3y 4m
NPP 2y | | After evening of drinking with friends V turned violent – V seriously assaulted offender’s brother and wife – Offender held V around neck blocking airway – Intent to restrain not choke – Element of punishment and recklessness – Lower end of scale of seriousness
Good character – Married with daughter – Genuine remorse |
Turuta
(44)
NSWSC [1505]
Mathews AJ | VG at murder trial
Assault | Nil | 7y
NPP 4y 6m | | Fight broke with neighbour and friend after offender physically assaulted partner – stabbed neighbour in back and stomach
Extraordinary hardship to three children – serious physical deterioration of mother – born in Cook Islands |
A.S.Jones
(43)
A.Jones
(21)
S.M.Jones
(32)
S.Jones
(64)
E.Jones
(female)
63)
NSWSC [1333]
Buddin J
23.11.2007 | VG
Mansl
Mal wound
Sched:
4 off
VG
Mansl
Mal wound
Assault
PG
Mansl
Mal wound
VG
Mansl
Mal wound
VG
Mansl
Mal wound | Nil
Minor
Minor
Minor
nil | Mansl
8y 3m
NPP 5y 3m
Total
9y
NPP 6y
Mansl
8y 3m
NPP 5y 3m
Total
9y
NPP 6y
Mansl
8y 3m
NPP 5y 3m
Total
9y
NPP 6y
Mansl
7y 9m
NPP 4y 9m
Total
8y 6m
NPP 5y 6m
Mansl
7y
NPP 4y 6m
Total
7y 6m
NPP 5y | | All offenders part of Romany gypsy family – Victims members of another Romany gypsy family related by marriage to offenders – during evening AS Jones and A Jones involved in aggressive altercation with members of victim family – both familles armed selves and prepared for confrontation – SM Jones, S Jones and E Jones travelled to caravan park for purpose of confrontation – fight broke out in which male complainant fatally stabbed and second male complainant badly injured – A Jones assaulted 16y female – not clear which offender responsible for fatal stabbing – element of self defence and provocation – culpability of E.Jones slightly less – Offenders convicted of alternative offences at trial for murder and attempt murder
Sentenced on the basis of excessive self defence / provocation / joint criminal enterprise
AS Jones – father to A Jones and son of S Jones - credit given for offer to plead to manslaughter - exemplary conduct in custody – possibility of deportation – prospects of rehabilitation
A Jones – son of AS Jones - remorse – prospects of rehabilitation – credit given for offer to plead to manslaughter
SM Jones – evaded police and voluntarily surrendered during trial of other offenders
S Jones – father to AS Jones and S Jones and grandfather of A Jones
E Jones – wife of S Jones, mother to AS Jones – health problems – isolation from family (most in custody) |
Salah
(33)
NSWSC [311]
Johnson J
4.4.2008 | PG | Minor | 8y 9m
NPP 5y 9m | | Earlier in day had violent argument with – Several hours later returned to area and warned V armed with knife – in subsequent confrontation Vi broke hand of brother and threatened with knife – grabbed knife from V and stabbed six times – more serious category
Israeli national – good character |
Williamson
(19)
NSWSC [686]
James J
2.6.2008 | PG | Nil | 5y
NPP 2y 6m | | Stabbed 15y male once in abdomen with broken glass drug smoking pipe during fight at party in bushland – fight provoked by victim jealous of relationship with ex-girlfriend – assaulted V and others – sustained head injury – spontaneous offence – intent to cause GBH – intoxicated
Disrupted childhood – substance abuse – good prospects of rehabilitation |
Stewart
(27)
NSWSC [563]
Johnson J
6.6.2008 | VG at murder trial | Priors including violence | 10y 6m
NPP 7y 3m | | Altercation between offender and victim at house offender shared with mutual friend – asked by friend to leave - offender returned unannounced next afternoon – stabbed Victim 12 times with push dagger during punch up with Victim – armed with concealed weapon – intent to inflict GBH – high objective gravity
Discount for offer to plead guilty |
Lynn
(29)
NSWSC [1112]
Hidden J
7.11.2008 | PG | Lengthy – includes carrying weapon in public place | 7y
NPP 4y 6m | | Confrontation on with Victim – reached over and stabbed him once at base of neck – spontaneous offence – reacted to comment made by V – fought with V 3-4 weeks earlier
Difficult childhood – lacks insight into offence |
Irvine
(20)
NSW CCA [273]
21.11.2008 | PG | nil | 3y
NPP 2y
PD | Crown AD | Number of young persons taking part in burnouts on street – victim crashed vehicle and left scene – respondent and friend went after victim to tell him to return to scene and await police – victim intoxicated and abusive – respondent punched victim in self-defence – victim suffered haemorrhage - victim had congenital abnormality in vertebral artery which may have required less trauma to have caused haemorrhage.
Strong subjective case – youth – rehabilitation. |
CR
(16)
NSWSC [1208]
Kirby J
28.11.2008 | VG
(murder trial) | AOABH | 7y
NPP 3y 6m | | Met male stranger outside toilet block while waiting for friend – intoxicated but not drunk – after sharing drink and talking subjected to bear hug by V – misunderstanding as to actions and motives – panicked and stabbed V twice – carried knife for protection – impulsive offence – no intent to kill – V suffering Aspergers – offender not homophobic
No history of violence – remorse – very good prospects of rehabilitation – early abuse of alcohol |
Katic
(29)
NSWSC [1330]
Hidden J
12.12.2008 | VG
(murder trial)
PG
Agg AR | Nil significant | Manslaughter
9y
NPP 5y 6m
Total:
11y
NPP 7y 6m | | Robbed newsagency with unloaded air rifle – co-offender standing lookout – Pursued by proprietor – Struck proprietor with wooden fence paling – fatal assault
Offered to plead guilty to manslaughter – Troubled background – Substance abuse – Remorse – Prospects of rehabilitation |
Abbas
(33)
NSWSC [127]
Mathews AJ
6.3.2009 | PG | Minor record – no gaol | 6y 9m
NPP 3y 9m | | Intoxicated male victim threatened offender and friend at table in fast food outlet – strangers – attempted to have friend leave – retrieved knife from car to scare V – stabbed V four times when V holding friend by shirt neck - lower end of spectrum
Voluntarily attended police station – extreme remorse – severely physically assaulted by mother leaving heightened response to threats – attempted suicide twice as teen – good work record – married with two children – strong prospects of rehabilitation |
TT
(20)
RT
(17)
ET
(25)
NSWSC [437]
Latham J
20.5.2009 | PG | Breached bond for minor offence
Nil
Nil | 6y 3m
NPP 3y 3m
6y 6m
NPP 3y 6m
6y
NPP 3y | | TT and RT became involved in fight on street with group of men including victim – woke brother and returned to scene armed with sword and knife – Victim stabbed by RT – TT and ET charged on basis of participation in affray in knowledge that serious physical injury could result – moderately below mid-range
TT and ET suffered skull fractures from affray – good prospects of rehabilitation – no problem with alcohol and drugs - remorse |
