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

Case	Type	Plea	Record	Sentence	Appeal	Facts
Taouk NSWSC (Abadee J) 28.3.1991 NSW CCA 20.3.1992	unlawful & dangerous	PG	Nil	MT 5y AT 2y	AA MT 3y AT 3y 8m	Brawl in night club one week before. Night of killing V approached A in hotel and commenced to harass and assault him. Knife carried by A for general use, not armed for purpose of violence.
Philp NSWSC (Abadee J) 18.2.1991	diminished responsibility	PG	Some violence	MT 7y 6m AT 2y 6m		Stabbed sister’s de facto during fight. V threatened offender with spade handle and offender retrieved knives from kitchen. Sixteen stab wounds. Aboriginal. History of mental illness and some degree of provocation.
Azar 14.10.1991 (1991) 56 A Crim R 414		VG	Nil	MT 4y 6m AT 18m [6m PSC]	AD	Stabbing during brawl. V punched A who obtained knife from nearby house and stabbed him.
Peterson NSWSC (Enderby J) 22.5.1992	provocation	PG	unimportant	5y Bond (PSC 5m)		Stabbed step brother in fight. Element of self defence. V aggressively picked fight with offender. Both drinking. No premeditation. History of violence at hands of step father and brothers.
McGrath (19) NSWSC (McInerney J) 14.5.1993	unlawful & dangerous	PG	long record, bail	MT 3y AT 2y		Intoxicated male assaulted V in street with female co offender. Kicked V while on the ground. Believed V had made sexual advances to female. Aboriginal. Alcohol problem and some degree of impairment. Contrition
Fletcher NSWSC (Newman J) 20.8.1993	unlawful & dangerous	VG	serious record - offence committed on parole	MT 4y AT 5y		During fight with stranger stabbed him twice in chest. Much evidence of rehabilitation.
Nguyen 23.9.1993 (1995) 36 NSWLR 397		VG	Nil	MT 2y 3m AT 9m	Conviction AD	Stabbed sister’s brother in law during fight. Argument over treatment of sister resulted in physical argument outside, V preparing weapons. A did not intend GBH - intended to show V could not continue to treat sister badly and to prevent continuation of fight.
Phu NSW CCA 1.10.1993		VG		MT 3y 5m AT 2y	Conviction AD	Came to Vietnamese gathering to assist friend involved in earlier altercation. Stabbed V five times during altercation. Little clear evidence about actual stabbing.
Sofokleous NSW CCA 13.12.1993		VG		MT 3y AT 1y	AD	V trying to drag woman along street. Two men intervened and woman escaped. VD approached A accusing him of interfering. Fight broke out and stabbing occurred. Both men had been drinking.
Thomas NSWSC (Dunford J) 3.11.1994	provocation	PG	mal wounding and assaults	MT 3y 6m AT 3y		Stabbed sister’s ex de facto. History of violence. Sister raped by V. Night of stabbing fight broke out between offender and V as V tried to approach sister.
Simon NSWSC (Bruce J) 21.7.1995		PG		MT 2y AT 3y		Stabbed de facto husband during fight after day of drinking at hotel. History of domestic violence.
MacDonald NSW CCA 12.12.1995	unlawful and dangerous	PG	on probation for unlawful wounding	5y GBB [PSC 17m]	Crown AA MT 3y AT 2y	Stabbed school teacher with fishing knife after altercation with students. Students had stolen property. Offence spur of the moment.
Cassel (26) NSWSC (Bruce J) 14.3.1997	diminished responsibility	PG	nil	MT 5y AT 3y		Manic depressive. Stabbed stranger in stomach after fight over boat. Tried suicide twice.
Appleby NSWSC (Ireland J) 18.7.1997	unlawful & dangerous	PG	dishonesty and drugs	MT 3y AT 3y		Stabbed brother in fight with kitchen knife. Single stab wound. Intended to frighten. Just woken from deep sleep and responding to argument between brother and girlfriend.
Cheung (19) NSW CCA [50] 12.3.1998	provocation	VG	nil	MT 6y AT 2y	AD	Fracas in street involving number of people following earlier argument in restaurant. Two men stabbed, one fatally in chest seven times. V had attacked A with club-lock during fight. A had taken knife anticipating violence.
Lam (40) NSWSC [47] (Hidden J) 20.3.1998	unlawful & dangerous	VG	minor assaults	MT 3y AT 2y		Offender shared house with V. Confrontation about V’s unwelcome advances to offender’s girlfriend. V became aggressive and tried to take up knife. V grabbed knife first. Multiple wounds as fight continued through house.
Bollen (1998) 99 A Crim R 510	unlawful & dangerous	VG	minor	MT 4y 3m AT 1y 3m	AA MT 3y 4m AT 1y 2m Leave to appeal to High Court refused: 11/2/2000	A lived in flat above garage next to V’s house. History of much antagonism. V and brother verbally abusing A. V later approached A who lunged and stabbed V. Deliberate but reactionary action.
Young (mid 30s) NSWSC (Levine J) 20.5.1998	provocation	PG	2 bonds, mal damage, assault	MT 3y AT 3y		7 stab wounds to husband. V started assaulting offender in argument about wine consumption. Offender ‘snapped’ and went into frenzy. No premeditation. Stormy and volatile relationship. Offender not passive, helpless victim. Some prospects of rehabilitation.
Grenenger (22) NSWSC [380] (Sully J) 23.4.1999	unlawful & dangerous	VG	nil	MT 18m AT 18m		Struck V with bar stool during pub fight. Good character and remorse.
TM (17) NSWSC [504] (Hidden J) 28.5.1999	unlawful & dangerous	PG	not relevant	MT 3y AT 2y juvenile det		Chased V with friends after confrontation in pub. Friends kicked and punched V to ground. Stabbed V in leg causing death. Good prospects of rehabilitation, supportive family.

Bryant NSW CCA [181] 29.6.1999	unlawful and dangerous	VG	other offences not specified	MT 6y 6m AT 3y 6m	AD	During struggle in kitchen V savagely and brutally stabbed in chest and head. Other wounds in body. History of heavy drinking. Remorse.
Khouzame (19) NSWSC [979] (Grove J) 24.9.1999 NSW CCA [505] 6.12.2000	unlawful & dangerous	VG	nil	MT 3y AT 2y	AD	Struck another teenager in street with block of wood. Part of fight between Lebanese and Turkish groups. Good character, close and supportive family, good prospects of rehabilitation.
Nikau NSW CCA [322] 13.10.1999	unlawful & dangerous	PG		MT 8y AT 4y	AD	Stabbed V during street fight between Pacific Islanders and Aborigines. Affected by drugs and alcohol. Youthful offender.
SMP (17) NSW CCA [318] 15.10.1999	unlawful & dangerous	PG	nil	MT 4y AT 3y	AA MT 2y 9m AT 2y 9m Juvenile det	Stabbed V after he attacked A with knife by surprise. V suffered mental problems and drug addiction. No suggestion A carrying knife with intent to injure. No premeditation or ill will.
Wright (31) NSWSC [1087] (Bell J) 5.11.1999	unlawful & dangerous	PG		MT 4y AT 3y (5m PSC)		Stabbed V four times in fight outside hotel. V intoxicated and initiated fight. Offender suffering exaggerated sense of danger, and carrying knife, following assault on him several weeks earlier. Spontaneous offence. Good prospects of rehabilitation.
Risteski (22) NSWSC [1248] Dunford J 13.12.1999	unlawful & dangerous	PG	minor record reflecting alcohol problem	MT 3y 4m AT 2y		Killed English tourist with one punch to back of head during brawl between friends and English tourists after watching soccer match on TV. Attempted to punch and kick deceased while on ground. Intoxicated. Good character, supportive friends and family; excellent prospects of rehabilitation.
Howard (31) NSWSC [1228] (Bell J) 17.12.1999	provocation	VG (murder trial)	one juvenile offence	MT 5y AT 1y 6m		Stabbed neighbour during argument at offender’s flat. Good prospects of rehabilitation.
Chami (20) NSWSC [1268] (Studdert J) 20.12.1999	unlawful & dangerous	PG	on bail for firearm offences	MT 5y 6m AT 3y		Stabbed stranger in brawl outside nightclub. Contrition, drug user, prospects of rehabilitation.
Naudin (39) NSW SC [18] Dowd J 4.2.2000	unlawful & dangerous	PG	minor	MT 3y AT 3y		Arguing with friend. V threatened offender with knife. Offender turned knife back on V, stabbing him in abdomen. Immediate remorse. Both intoxicated. Suffering acute psychotic illness in gaol.
Sherry (38) NSW CCA [35] 29.2.2000	unlawful and dangerous	VG	lengthy but minor alcohol related record	MT 2y 6m AT 2y 6m	Crown AA MT 3y 6m AT 2y 6m	Stabbed de facto wife during violent altercation. History of volatile and violent relationship. Stabbed wife below ear. Alcohol problems.
Nguyen NSWSC [592] (McInerney J) 4.6.1999 NSW CCA [45] 16.2.2000	unlawful & dangerous	PG	nil	MT 3y AT 1y (PSC 2y)	AD	Group attack on V at dance hall following dispute. Hit V with baseball bat causing death. Good character and family support.

Kirkwood (63) NSW SC [184] Bell J 3.3.2000

unlawful & dangerous

PG

minor record

MT 12m AT 18m

Aboriginal female had sexual relationship with V for 4-5 years. Violent argument where V threw stool at offender and threatened her with knife. Offender took knife and ‘poked’ V in chest. Mildly intellectually handicapped; alcoholic; not prone to violence; health problems; carer for handicapped son.

Dally (47) [2000] 115 A Crim R 582	provocation	VG	assault 21 years ago	MT 6y AT 2y	AD	Stabbed flatmate once in chest during argument over accommodation arrangements. A picked up carving knife and V stabbed when he started pushing A around. Lonely life culminating in alcohol dependency. Offence not pre-meditated. Remorse.
Kelly (30) NSWSC [701] Barr J 13.7.2000	provocation	PG	irrelevant	7y NPP 3y 6m		Aboriginal stabbed victim during altercation in kitchen. V started physical fight pushing offender to ground and causing wound to head. Offender feared further assault may cause death because of brain injury. Stabbed V seven times in chest and abdomen with fishing knife. Intent to do really serious injury. Culpability low. Immediate assistance to V, confession to police, genuine remorse
Dimond (22) (2000) 118 A Crim R 188	provocation	PG	record for some violence	6y NPP 4y 6m		Stabbed male once in chest with steak knife. Offender angered, armed self with knife and stabbed with intention to cause really serious harm. Provoked by behaviour of V taunting offender and taking cap and t-shirt. Displayed aggressive personality disorder from early childhood. Real risk of re-offending unless aggression dealt with.
Greenhalgh NSWSC [272] Adams J 30.3.2001 [2001] NSW CCA 437		PG	criminal record including rob and assault	8y NPP 4y 6m	AA 6y 9m NPP 4y 6m	Punched intoxicated V during prolonged drinking session. A was aggressor. V died later from subdural haemorrhage 6 hours later. A did not realise he had inflicted lethal blow. Alcoholic - no premeditation.
Griffis (34) NSWSC [1154] McClellan J 13.12.2001	provocation	PG	minor juvenile offence	7y NPP 5y 3m		Went camping with male friend - during physical argument received burn injuries to face - retrieved gun and shot friend in head - intoxicated and under influence of cannabis Limited intelligence - good work record - problem with alcohol - unlikely to re-offend - remorse - co-operated with police
Whiting (35) NSWSC [827] Levine J 6.9.2002	unlawful and dangerous	PG	prior violence	5y 4m NPP 3y		Stabbed de facto wife during domestic dispute - Both parties affected by alcohol - V initiated attack with beer bottle - Then approached offender with knife - During struggle offender took knife and victim stabbed once Relationship characterised by violence of part of both - Suffering alcohol dependence and personality disorder - Genuine remorse - Strict protection
Yu (34) NSWSC [1153] Wood CJ at CL 4.12.2003	Unlawful and dangerous	PG	Nil	5y NPP 2y 6m		Illegal immigrant from Korean – became involved in physical fight with acquaintance at home – double stab wounds to abdomen – no intent to stab – also struck V to head five times with golf clubs – suffering intoxication aggravated by extreme sleep deprivation – V aggressive and threatening and refused to leave house Vulnerable – good character evidence – isolation in gaol – high prospects of rehabilitation
Boyd (37) NSWSC [263] Buddin J 5.3.2004	Excessive self defence	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	Unlawful and dangerous (JCE) Excessive self defence	PG Mansl 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 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	Excessive self defence	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
Bullock (25) NSWSC [1071] Buddin J 21.10.2005	Provocation	VG (murder trial)	Minor	8y NPP 5y		Fight in hotel – Unprovoked assault by V – Offender collected knives from father’s house nearby and returned – Assault resumed by V and offender stabbed V in abdomen – Significant provocation – Intent to cause GBH Immediate remorse – discount for offer to plead guilty to manslaughter
Hamshere NSWSC [1319] Hall J 15.12.2005	Unlawful and dangerous	PG	Minor assault	5y NPP 3y		Friendly wrestle between male friends became more heated – Offender picked up knife from kitchen and stabbed victim in neck – Intoxicated Great remorse

Clay (19) Lonsdale (24) NSWSC [1220] Buddin J 17.11.2006

Unlawful and dangerous –joint criminal enterprise

PG PG

Minor traffic Minor drug

5y NPP 3y 6y 8m NPP 4y

Male assaulted on front lawn of house by group of males – all intoxicated – C punched V to head at commencement of affray – Subsequently watched assault – L assaulted V with mattock handle and kicked and punched V – V refused medical attention and later died of ruptured spleen caused by assault with mattock handle C – lesser offender – out of character – remorse L – psychotic illness

Cavanough (22) NSWSC [561] Whealy J 7.6.2007	Unlawful and dangerous	PG at murder trial -		8y 2m NPP 5y		Female stabbed male de facto during domestic argument – spontaneous act – element of provocation – history of disputes – suffering depression and anxiety Aboriginal with deprived and violent childhood – sexual abuse – drug and alcohol addiction – functioning at borderline level – mother to 2y child – remorse – prospects of rehabilitation
Taiseni (30) Motuapuaka (26) Leota (29) Tuifua (33) NSWSC [1090] Latham J 21.9.2007	Joint criminal enterprise Unlawful and dangerous	PG Manslaughter Maliciously inflict GBH (Taiseni and Leota: Sched: Supply heroin)	Summary - Assaults and weapon offences Minor Minor Nil	Manslaughter: 3y 2m NPP 2y Total: 4y 2m NPP 3y Manslaughter: 5y 7m NPP 3y Total: 7y 7m NPP 5y Manslaughter: 6y 4m NPP 3y 6m Total: 8y 4m NPP 5y 6m Manslaughter: 3y 7m NPP 2y 2m Total: 4y 7m NPP 3y 2m		L involved in argument over use orf pool table with V2 – ejected from hotel – returned with co-offenders and attacked V2 – M swung bar stool at V2 and fatally struck V1 (hotel employee) in head – V2 kicked in head L – principal role – Tongan – married- - genuine remorse – moderate prospects of rehabilitation M – equal culpability to L – Tongan – married with 2 children – genuine remorse – some prospects of rehabilitation Taiseni - lesser culpability – presence only – Tongan – married with two children – genuine remorse – good prospects of rehabilitation Tuifua – lesser culpability – presence only – Tongan – married with four children – genuine remorse – excellent prospects of rehabilitation

Bashford (24) NSWSC [1380] Rothman J 30.11.2007	Unlawful and dangerous	PG	Breached conditional liberty for non-violent offences – priors for violence	5y 3m NPP 3y 6m		Intoxicated male making out of character and offensive comments outside hotel – single punch to head causing death – response to offensive comment – spontaneous act Voluntarily attended police station – subject to significant personal stress at time of offence – depression – good character – traumatic childhood – evidence of rehabilitation – aboriginal and islander
Harris (53) NSWSC [1417] Bell J 13.12.2007	Unlawful and dangerous	PG	Minor – drink driving offences	7y NPP 4y		Stabbed female friend during argument – lashed out with knife striking victim in chest – both intoxicated History of alcohol abuse – remorse – good prospects of rehabilitation
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	Excessive self defence / provocation / joint criminal enterprise	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 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)
Smith NSWSC [201] Hulme J 7.2.2008	Unlawful and dangerous	PG	Minor	3y 9m NPP 2y 6m		Waiting at taxi stand after Christmas function – punched passing stranger once – Victim struck head on concrete – no provocation – Intoxicated Evidence of excellent rehabilitation – good prospects - remorse
Zammit (55) NSWSC [317] Howie J 9.4.2008	Unlawful and dangerous	PG	Priors including violence	6y 3m NPP 4y		After night of drinking became angry with de facto and pushed her against refrigerator – V appeared injured but declines assistance – argument continued next morning and V thrown against cupboard – assistance again declined – died several hours later – fractured ribs and neck bone – V and offender both intoxicated Alcohol abuse – childhood abuse- serious health issues
Hopley (35) NSW CCA [105] 15.5.2008	Unlawful and dangerous	VG	Priors – less serious	5y NPP 3y	AD	Punched male stranger twice in altercation outside nightclub – altercation between two groups began inside nightclub – spontaneous response to violence initiated by third person – acted in anger not self defence Sole parent to 13y son - remorse
Williamson (19) NSWSC [686] James J 2.6.2008	Excessive self defence	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
Kennedy (40) NSWSC [703] Fullerton J 11.7.2008	Unlawful and dangerous	VG at murder trial	Minor	6y NPP 4y		Trivial argument with flatmate – struck back of head with heavy implement and stabbed once to back – no provocation – several acts of violence – no intent as result of intoxication (alcohol, drugs and pre-existing brain damage) – body found in unit after 27 days Long term user of illegal drugs – genuine remorse – good prospects of rehabilitation
Stewart (30) NSWSC [1359] Mathews AJ 16.12.2008	Unlawful and dangerous	VG at murder trial	Nil	6y 4m NPP 4y		Stabbed husband during argument at home – spontaneous offence – combination of personality disorder and intoxication meant no required intent – V stabbed outside 16y son’s bedroom - volatile relationship Offered to plead guilty to manslaughter – difficult and abusive childhood resulting in personality disorder and substance abuse – attempted suicide many times
Hatch NSWSC [1411] Adams J 19.12.2008	Unlawful and dangerous	VG (murder trial)	Priors – breached bond	5y 6m NPP 2y 6m (cumulative to 6m for breach of bond)		Stabbed male acquaintance during struggle – During earlier fight V punched and kicked offender to unconsciousness – Several hours later V entered house containing offender and two friends armed with knife and iron pipe – Co-offender stabbed and seriously wounded by V – During subsequent struggle offender used knife to fatally stab V - elements of defence provocation and aggression – all parties intoxicated – co-offenders sentenced for AOABH in company – Lower end of seriousness Difficult childhood – drug and alcohol abuse – remorse – prospects of rehabilitation
Abbas (33) NSWSC [127] Mathews AJ 6.3.2009	Excessive self defence	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
Whitmore (35) NSWSC [520] Adams J 10.6.2009	Common purpose	PG	Assaults	6y 6m NPP 4y		Male stabbed in back during argument with neighbours over dogs – unclear who inflicted fatal stab wound – Offender and sister emerged from house in response to comment made by Victim – Offender armed with knife but inflicted only minor wounds during argument – sentenced on basis did not advert to possibility lethal blow could be inflicted by someone with intent to kill or inflict gbh – lower range of culpability - sister sentenced for murder History of alcohol and drug abuse – suffering depression – good prospects of rehabilitation