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
French (16y) NSW SC (Wood J) 2.10.1990 JPL (16y 5m) NSWCCA 5.10.1994 J (16y 4m) NSW CCA 5.12.1992 Young NSW SC B-Parker J 15.4.1991		PG PG PG VG (murder trial)	priors and tragic upbringing no priors No priors No priors	MT 4y 6m AT 2y (assistance) MT 7y AT 2y MT 5y 6m AT 2y 6m (assistance) MT 5y AT 3y (JJD to 21)	AA MT 6y AT 3y	8 young people involved in assault. Telephoned number from toilet wall to arrange meeting with homosexual V, then bashed him to death. Three offenders convicted of murder (Howard & Ors (1992) 29 NSWLR 242) F – involved in assault JPL – took part in assault but intended only to bash and rob J – involved in attack Y – did not physically participate in attack – intended less serious harm. Completed HSC and some employment. Emotionally immature. Remorseful. Low risk of reoffending.
Aslan (18) NSWSC Ireland J 1.11.1994 El Kerdi (17) NSWSC Ireland J 1.11.1994 El Badar (17) NSW CCA 3.4.1995 See also Barakat NSWSC, Ireland J 20.12.1994	unlawful & dangerous	PG PG PG	Record for violence – on bail Nil.	MT 2y AT 3y (assistance, cumulative sentence) MT 3y AT 3y (assistance) MT 2y 5m AT 2y 7m (assistance)	AD	Drive by shooting at dance party. Three shots fired, killing one person and injuring another. Retaliation for being forced to leave party after fight. Joint decision to find gun and shoot somebody – identification of shooter not that relevant Shooter. Under the influence of Rohypnol at time of offence. Early plea Armed with machete
Edwards NSWSC Dowd J 9.8.1996	joint criminal enterprise of armed robbery	PG	serious although not extensive - no violence	MT 5y 4m AT 2y 8m		Joint criminal enterprise to rob pizza shop - Employee fatally shot by co-offender - Driver of car remaining in car at all times - Aware of gun but did not check if loaded Difficult childhood - Suffering Hep B - Remorse - Prospects of rehabilitation – Youth – ADD – remorseful
SAE (15) NSW CCA 3.4.1997		PG	long record - real and continuing risk to community	MT 1y 6m AT 2y 3m	AA MT 1y 3m AT 2y 6m (to allow for PSC)	Acted as look out during robbery. Security guard shot.
Newman (20) NSWSC Barr J 3.9.1997	joint enterprise	PG Mansl AOABH	priors - on bail	MT 6y AT 2y 10m (concurrent sentence)		Unprovoked attack with co-offender on group of strangers leaving hotel. Armed with metal bar. Co-offender stabbed V who was attempting to protect friend from attack by offender. Joint criminal enterprise to intimidate and inflict less than serious harm.
Lewis (25) NSWSC [131] Sully J 1.3.1999	unlawful and dangerous	PG	s.33 – breached bail and parole	MT 6y AT 3y		Member of Rebel Motorcycle Club. Helped bouncer remove V from hotel. Punched and kicked V. Left scene but other club members continued assault. V stabbed to death. Backdated 4y for time already served. Seriously assaulted in gaol because wife giving evidence. Good prospects of rehabilitation.
Nguyen NSWSC [592] McInerney AJ 4.6.1999 NSW CCA [45] 16.2.2000	unlawful & dangerous	PG	nil	MT 3y AT 1y + 2y PSC	AD	Group attack on V at dance hall following dispute. Hit V with baseball bat. Unprovoked assault. Part of common enterprise to assault and attack V - “in some senses responsible, together with other assaults, for a death” Good character and family support.
TJP (16) NSW CCA [408] 1.12.1999	unlawful & dangerous	PG	assault, robbery; on recog	MT 2y 11m AT 3y [PSC 1m]	AD	Aboriginal female bashed and robbed 67y male with two co offenders. Lesser role. Kicked V. Willingly joined in. Left man seriously injured. Alcohol and cannabis user since 11 years old.
Puta (38) Nitovic (30) Curry (24) Mackic (37) Oldham (31) Nanai (28) NSWSC [225] (Hidden J) 30.3.2001	joint criminal enterprise	VG (murder trial)	serious drug offence - parole brief record minor minor assault and firearms offences minor assault - on recog	11y NPP 7y FT 3m (cum) 10y NPP 6y 10y NPP 6y 10y NPP 6y 10y NPP 6y 8y 6m NPP 5y	AD P: NSWCCA [495] 10.12.2002 N:NSWCCA [495] 10.12.2002 C: NSWCCA [109] 2.4.2002 N: NSWCCA [495] 10.12.2002	2 men ambushed by 9 men - both men shot dead - unclear reason for assault or who fired shots - jury satisfied each man was a party to an assault and knew of the presence of guns, but were not satisfied they contemplated the guns would be used to kill or wound. AP - also sentenced for contempt of court - Albanian - difficult childhood - remarkable behaviour as a prisoner - genuine remorse ZN - Serbian - disturbed and violent upbringing - hard worker supporting four children - currently in stable and supportive marriage - well regarded by prisoner authorities - seriously injured in incident - suffering low grade depression - rehabilitation - onerous bail conditions. RC - Samoan - good upbringing - defacto relationship with two children - remorse - good record as a prisoner - drive ZN to hospital probably saving his life and increasing risk of detection. GM - Bosnian - father to 2 children - well regarded by prison authorities. RO - stable and supportive childhood - well regarded by prison authorities. SN - subsidiary role - impressive character evidence - in very stable marriage with one daughter. All offenders dealt with as “high risk” prisoners while on remand.
Stelfox (21) NSWSC [630] Howie J 23.7.2001 (2002) 122 A Crim R 288 Co-Offenders: SINGLETON & DENTON	joint criminal enterprise	PG	nil relevant	5y NPP 2y 6m	AD	Male shot dead during attack by three men, including offender. Attack intended as pay back for insulting behaviour of V towards mother of one offender. Volunteered to join enterprise. Aware of presence of shotgun. Participated in joint criminal enterprise to carry out unlawful and dangerous acts. Intended to inflict harm with weapons capable of inflicting serious injury 25% discount for guilty plea - 45% discount for assistance. Offence out of character. Mildly affected by drugs at time of offence. Depressed as a result of offence. Remorse.
Singleton (19) Denton (20) NSWSC [850] Howie J 28.9.2001 Co-offender: STELFOX	joint criminal enterprise	VG at murder trial	nil	9y NPP 5y 6m 10y NPP 6y		Male shot dead during attack by four intended as pay back for alleged insulting behaviour of V towards mother of one offender. SD instigator of offence. Manipulated co-offenders for own purposes. Joint criminal enterprise to threaten and use force if necessary. Firing of shotgun an unexpected incident.
Dang (21) NSW CCA [321] 31.10.2001	joint criminal enterprise	VG (murder trial) PG Rob in company Use weapon to avoid appreh	nil	Mansl: 7y 6m Total: 10y NPP 6y 6m	AD	Involved in robbery with co-offender. During escape separated from co-offender. Injured male pursuer with knife. Co-offender stabbed another male to death Remorse. Good background with supportive family. Need for counselling for lack of insight and drug use
Masson (23) NSWSC [1037] Howie J 8.11.2001		VG (murder trial) Rob with wounding Larceny Sched: oher offences	Nil - breached bail	7y 6m NPP 4y 6m (concurrent sentences for other offences)		Went with co-off (Symss) to house of 75y female acquaintance to borrow money - S unexpectedly suffocated V - Agreed to be involved in subsequent robbery out of fear - Sentenced on basis he contemplated unlawful and dangerous act by co-offender during robbery aware that co-offender had knife. Symss sentenced for murder at same time (22y, NPP 16½y) Supportive family
Hoang (15) NSWSC [1160] O’Keefe J 26.8.2002 NSWSC [205] O’Keefe J 22.3.2004	unlawful & dangerous	VG Mansl Assault Affray	not relevant	10y NPP 6y (other sentences concurrent) Re-sentence: 8y 6m NPP 5y	[2003] NSWCCA 237 – AA remitted for re-sentence:	Gang attack on 2 V outside amusement centre. Mistakenly believed V belonged to gang responsible for assault on friend. One V stabbed in shoulder. Second V stabbed in heart by co-offender. Willing party to serious attack. Difficult childhood resulting in early drug addiction Successful sentence appeal found failure to comply with statutory provisions on Pre-sentence report. Matter remitted for sentence On re-sentence found genuine remorse
Leyman (30) NSWSC [1226] Hidden J 19.12.2002	Accessory	PG Sched: Possess unlicensed firearm	old and brief record	5y 6m NPP 3y		Co-offender became involved in argument with homeless men outside house. Returned to argument with offender and knife. V stabbed when impaled self on knife. History of tension between residents and homeless men Accompanied co-offender knowing he was armed with knife contemplating it might be used to cause injury. Alcohol abuse. Good character evidence. Remorse
Diab (17) NSWSC [978] Shaw J 31.10.2003 [2005] NSWCCA 64		PG Sched: Affray 2 x Firearms offences	Nil	9y NPP 6y	AD	With juvenile co-offender (murder) became involved in altercation with 18y male on street. Co-offender shot V at close range in chest. Unpremeditated. Aware of presence of loaded gun but not aware MA would shoot. 2 days before threatened male at service station with loaded pistol. Prior good character and strong prospects of rehabilitation.
Avakian (21) NSWSC [1042] Whealy J 21.11.2003 Co-Accused: O’CONNOR	Unlawful and dangerous	PG	Breached bond and PD	5y 6m NPP 3y 6m		Part of group of males who approached another group in street late at night. Threatened V and pretended mobile phone was gun. V assaulted by all members of group. Ultimately died from stab wound. Unclear who did stabbing. Stabbing not taken into account. Instigator of incident. Joint criminal enterprise - shared intent to assault with appreciable risk of serious injury Difficult childhood. Early drug addiction. Reasonable prospects of rehabilitation
O’Connor (25) NSWSC [1041] Whealy J 21.11.2003 Co-Accused: AVAKIAN	Unlawful and dangerous	PG	Record	5y 2m NPP 3y 2m		Part of group of males who approached another group in street late at night. V threatened by co-offender pretending mobile phone was gun. V assaulted by all members of group. Ultimately died from stab wound. Unclear who did stabbing. Stabbing not taken into account Joint criminal enterprise - shared intent to assault with appreciable risk of serious injury Difficult childhood. Remorse. Reasonable prospects of rehabilitation
Vongsouvanh (28) Namalauulu (24) NSWSC [1203] Whealy J 17.12.2003 NSW CCA [158] 19.5.2004	Unlawful and dangerous	PG	Drug related offences Lesser record	6y 9m NPP 4y 6y 9m NPP 4y	Crown AD Crown AD	2 females became involved with another in struggle with V, a fellow male drug user – not aware co-offender had knife prior to struggle – Continued involvement after production of knife – V stabbed 4 times in stomach – Prevented V defending self or escaping then ran away and left him KV – Born in Laos – Mother of young child – Some evidence of rehabilitation from drug addiction FN – Born in Samoa – Mother of young child – Some evidence of rehabilitation from drug addiction
VDN (17) NSWSC [426] Whealy J 21.5.2004	Unlawful and dangerous (accessory)	PG Mans Att AR	Drug offences	Manslaughter 6y 9m NPP 3y		Involved in attempted robbery on Asian couple leaving store with daily takings – Assaulted and detained female with knife – Male assaulted by two co-offenders and fatally stabbed in chest – 2 shots fired into rear tyre by co-offender – Aware knife would be presented during robbery Evidence of rehabilitation from drug abuse – Genuine remorse
Forbes (29) NSWSC [421] Hulme J 7.5.2004 NSW CCA [377] 4.11.2005	Unlawful and dangerous (joint criminal enterprise) Excessive self defence	PG Mansl VG (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 victim violent – Shot victim in caravan in subsequent struggle – Second shot fired while victim on or near floor – Intent to kill Low prospects of rehabilitation
Hampton (18) NSWSC [1215] Bell J 17.12.2004		PG Mansl Agg enter dwelling with intent to assault	Record including assault	Mansl: 6y 4m NPP 3y 4m Total: 7y 4m NPP 4y 4m		3 men forced entry into home of drug male V – V found with large skull fracture – subsequently group forced entry into home of second male and assaulted occupant Aboriginal with difficult childhood – Intoxicated
JD NSWSC [128] Levine J 25.2.2005 NSW CCA [31] 21.2.2006	Unlawful and dangerous	VG (murder trial) AR	Nil	5y 3m NPP 3y (concurrent sentence for robbery)	Crown AD	With brother planned armed robbery of family attempting to sell diamond engagement ring – during struggle adult son fatally stabbed and father stabbed in chest by co-offender Excellent prospects of rehabilitation – low intelligence – poor health – offered to PG to manslaughter
Bugmy (20) NMB (15) NSWSC [561] 10.6.2005 Grove J	Unlawful and dangerous	PG PG Sched: Larceny	Minimal; breach of GBB Some; breach of conditional liberty	7y 6m NPP 5y 6y NPP 4y		After many hours of drinking, offenders observed kicking V to death – Offence possibly in response to D swearing at offender’s aunt Bugmy – Aboriginal – stable relationship with young child – alcoholic/DV background – recent death of father – helped care for handicapped sister – average intelligence – good prospects for rehabilitation MNB – Aboriginal – some rehabilitation and remorse – drug/alcohol bender in days before offence – petrol sniffing leading to daily alcohol/marijuana use – dysfunctional alcoholic/DV background – only learned to read in custody
Clifford (19) NSWSC 521 31.5.2005 Adams J NSW CCA [360] 27.10.2005		VG Mansl (murder trial) Mal cause GBH	On bond for assault	Manslaughter 6y NPP 3y (concurrent sentence)	Crown AA Manslaughter 7y 6m NPP 4y 6m	Initiated argument with group of men on street – co-offender came to assistance, shooting two of men - one fatally - one permanently injured - AB convicted of murder DV from mother’s boyfriends – functionally illiterate – D&A use – substance-induced MI – remorse – good prospects for rehabilitation
Nguyen (23) NSWSC [600] Johnson J 23.6.2005		PG	Criminal record for traffic offences only	6y NPP 4y		With co-offender stopped male V in street – V shot dead by co-offender and second male shot in arm – intended minor assault – not aware of gun – part of longstanding feud Vietnamese
WKD (19) MJN (15) NSWSC [694] Mathews AJ 29.6.2005	Excessive self defence Pre-existing criminal enterprise	VG at 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
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
Tekley Nagle NSW CCA [75] 23.3.2007	Unlawful and dangerous Joint criminal enterprise	VG Mans Unlawful impr VG Mans Unlawful impr		6y NPP 3y 9m (FT 6m concurr) 5y NPP 2y 9m (FT 6m concurr)	Conviction AD Sentence AD Conviction AD	Flatmate became increasingly violent and threatening – Handcuffed to chair – fatally assaulted by T Delay
LAL (14) PN (14) NSWSC [445] McClellan CJ at CL 4.5.2007	Unlawful and dangerous	PG Sched: LMV Steal mobile phone	Nil Nil	6y NPP 3y 6m 6y NPP 3y 6m		Assaulted taxi driver using moderate force – Victim suffering heart disease and died from heart attack – opportunistic offence – under influence of alcohol and marijuana Genuine remorse – Islander parentage – violent households – need for continued supervisions – evidence of progress in rehabilitation – immature and intellectual deficits – early exposure to alcohol abuse - PN suffering psychiatric problems
Taufahema (25) NSWSC [959] Grove J 31.8.2007	Unlawful and dangerous	PG	Priors including violence – breached parole	11y NPP 7y		Driver of car with four occupants and unlicenced firearms – car stopped by highway patrol police officer – officer shot dead by co-offender – contemplated possibility that someone would discharge firearm without intent to kill or cause GBH Father to young daughter – prospects of rehabilitation – onerous condition of custody for some period of incarceration – genuine remorse – history of trial and appeals raising element of double jeopardy
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
Charman (20) NSWSC [1177] Hulme J 12.10.2007	Unlawful and dangerous Joint criminal enterprise	PG	Minor – breached bond	6y NPP 4y		Willingly participated in break and enter – driver of car waiting outside house – intellectually disabled occupant fatally assaulted by co-offenders using torch Voluntarily surrendered to police – assistance – good work record – remorse Error by sentencing judge as to starting date meant offender gained benefit of three months on bail – sentencing judge declined to correct error
Siose (18) NSWSC [1202] Hidden J 2.11.2007 Co-offender: SSA (murder)	Joint criminal enterprise	PG	Brief	6y 9m NPP 3y 9m		Young stranger stabbed by co-offender during fight in amusement arcade – in company – carrying knives for protection – single stab to chest – spontaneous offence Philippino – evidence of rehabilitation and remorse
Kaiser (34) Hunt (19) NSWSC [1362] Barr J 29.11.2007	Joint criminal enterprise Unlawful and dangerous	PG Sched: Supply amphet PG	Breached conditional liberty – record for ADVO offences Priors – breached conditional liberty	10y 11m NPP 8y 2m 9y NPP 6y 9m		K angry with former lover over ending of relationship and drug debt – arranged for H to ‘deal with’ her – H fired three shots at house killing complainant – carefully planned offence K – instigator and planner – drug addictions – bipolar disorder in remission H – chose to use gun
Frazer (52) Spencer (37) NSWSC [1449] Howie J 11.12.2007	Joint criminal enterprise	VG VG	Old record Extensive record	11y NPP 7y 6m 13y NPP 9y 6m		S organised armed robbery of male flatmate in early hours of morning – F and co-offender participated in robbery - during robbery co-offender shot victim in head – both S and F aware co-offender armed with loaded firearm but did not foresee would be used with required intent
J. Taufahema NSWSC [1460] Grove J 13.12.2007	Joint criminal enterprise	PG		11y NPP 7y		One of four occupants in stolen car – co-offender shot police officer – participation in offence of unauthorised possession of firearms contemplating possible discharge of firearm without required intent Sentenced for related offences of unauthorised use of weapon to prevent lawful apprehension, attempted car jacking and use firearm without authority
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 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)
Ibrahim (27) NSWSC [268] Price J 21.4.2008	Unlawful and dangerous act / joint criminal enterprise	PG	Priors – breached bail	9y 4m NPP 6y 6m		Victim and brother lured to car park to discuss dispute – four men assaulted V – V stabbed in leg by co-offender causing death – aware of presence of knife – agreement to assault causing less than GBH – pre-planned offence Difficult childhood
KR (25) PR (21) NSWSC [970] Price J 19.9.2008 Co-offender IBRAHIM	Unlawful and dangerous act / joint criminal enterprise	PG PG Sched: assault	AOABH and intimidate police – not agg factor Intimidate police – not significant	5y 2m NPP 3y 7m 5y 2m NPP 3y 7m		Victim and brother lured to car park to discuss dispute – four men assaulted V – V stabbed in leg by co-offender causing death – aware of presence of knife – agreement to assault causing less than GBH – pre-planned offence – PK punched victim’s brother Difficult childhood – remorse – good prospects of rehabilitation – unlikely to reoffend – valuable assistance in unrelated matter – protective custody and witness protection
Horan (20) NSWSC [990] Studdert AJ 18.9.2008	Unlawful and dangerous – joint criminal enterprise	VG at murder trial Sched: 3 x firearms	Nil	6y NPP 4y		Party to agreement to rob V at home to obtain money and documents – Visited residence earlier posing as security guard – Accompanied co-offender to house at night and stood watch – V fatally assaulted by co-offender with torch – motivated by financial gain Remorse – Favourable prospects of rehabilitation – pleaded guilty to manslaughter – evidence against co-offender – onerous custodial condition
Kari (19) H (16) NSWSC [993] Hidden J 23.9.2008	Unlawful and dangerous Joint criminal enterprise	PG Mansl Sched: Home invasion PG Mansl Sched: Rob in co	Dishonesty and drug offences – breached bail and bond Alarming record for violence – breached probation	7y NPP 4y 6m 6y NPP 3y 6m		Part of group of man attending V’s house intending to shut down drug operation – K handed gun by H at last minute – during subsequent struggle K fired shot voluntarily but without intent – V fatally hit in chest – reluctant participants K – remorse – family support – good prospects of rehabilitation H – prospects of rehabilitation
Jackson NSWSC [168] Howie J 27.3.2009	Unlawful and dangerous Joint criminal enterprise	PG	Lengthy record – breached parole	8y NPP 5y 6m		Involved in armed robbery of restaurant with co-offender – co-offender entered restaurant armed with club lock fro stolen car – stabbed employee during struggle – offender waited outside in car then entered to take cash register – foresaw use of weapon to inflict injury only Aboriginal with deprived upbringing – drug addiction – protection – genuine remorse Co offender sentenced for murder – Webb [2008] NSWSC 1351
Jeffrey Mealey (34) NSWSC [202] Fullerton J 27.3.2009	Unlawful and dangerous Unlawful and dangerous Aider and abettor	PG Manslaughter Rob in Co PG Manslaughter Rob in Co	Record including assault in similar circum – breached bond dishonesty	6y NPP 3y 6m (2y 6m concur) 4y NPP 2y 2m (18m concur)		M knocked on door of unit of neighbour to J – J forced open door knocking 87y male occupant to ground – V robbed of money and left injured in unit behind locked door – no attempt to obtain assistance - hospitalised for fractured hip and died of complications ten days later – J dominant offender – intent to rob for money to buy drugs – M sentenced as aider and abettor and failure to provide assistance to victim – V vulnerable and deliberately chosen by J J – female - aged in 40s – difficult marriage resulting in drug addiction – some prospects of rehabilitation in view of family support M – female - aboriginal with difficult childhood including sexual abuse – abusive relationship with boyfriend – drug addiction – low intelligence – homeless – influenced by co-offender – recent attempt at rehabilitation makes positive prospects of rehabilitation - remorse
Boxx (19) NSWSC [298] Studdert AJ 21.4.2009 Co-offenders: HORAN CHARMAN	Unlawful and dangerous	VG At murder trial	Nil priors – subsequent drug offence	10y NPP 7y 6m		Party to agreement to rob V at home to obtain money and documents –Accompanied Horan into house armed with torch - V fatally assaulted with torch – unclear who inflicted blows – joined plan late – V mild degree of mental handicap Fair prospects of rehabilitation
TT (20) RT (17) ET (25) NSWSC [437] Latham J 20.5.2009	Excessive self defence Joint criminal enterprise	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
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