| Case | Plea | Record | Sentence | Appeal | Facts |
Hill
(1981) 3 A Crim R 397 | VG |  | 4y 6m
NPP 1y | | Shot husband after many years of physical abuse. On night of killing D had returned home drunk and violent. |
Bogunovich
(1985) 16 A Crim R 456 | PG | | 4y Bond | | Stabbed husband after long history of domestic violence. Night of killing D had struck A outside club. |
Cotton
NSW SC, 28.6.1990
(Hunt J) | VG | | MT 2y
AT 18m | | Assaulted D with de facto. Could not determine which blows caused death. A treated as accessory. D had verbally insulted A.
Juvenile, intellectual disability and limited insight. |
Low
(1991) 57 A Crim R 8 | VG | | Bond | Crown AA
MT 2y
AT 2y | Killed fiancee with claw hammer. Claims D attacked him first with claw hammer to head, causing diminished responsibility.
NB that not followed/overruled in Isaacs (1997) 90 A Crim R 587 |
Whalen
NSW CCA
5.4.1991 | PG | | MT 5y
AT 3y | AD | Killed husband with carving knife and axe. Relationship had deteriorated. On day of killing D verbally and physically abused A. |
Peterson
NSW SC, 22.5.1992
(Enderby J) | PG | unimportant | 5y Bond
(PSC 5m) | | Stabbed step brother in fight. Element of self defence. D aggressively picked fight with A. Both been drinking. No premeditation. History of violence at hands of step father and brothers. |
Gardner
NSW SC, 27.3.1992
(Wood J) | PG | Nil | 7y GBB | | Shot husband under extreme stress – he was very ill with MS and physically dependent on her. Their child suffered cerebral palsy and was also utterly dependent. D terrorised A and kept a gun beside his bed. Shot D once, then buried and reported him as missing. Son died in lead-up to the trial and A pregnant at time of sentencing. Wholly exceptional case. |
Spencer
NSWSC, 18.12.1992
Mathews J | PG | nil | 3y PD | | Killed de facto husband with single stab wound. History of domestic violence. Prior to stabbing D physically and verbally abusing A. Fragile mental state. |
Panozzo
NSW CCA
25.3.1993 | VG | | MT 8y
AT 2y 6m | AD | Shot estranged wife in front of two young daughters at point blank range. Angered by finding love letters to another man. |
Jacky
NSW SC, 10.6.1993
(Campbell J) | PG | lengthy | MT 2y 6m
AT 2y 6m | | Intoxicated, Aboriginal male woke to find himself being homosexually assaulted by D. |
Jenkins
NSW CCA, 14.7.1993 | VG | nil | MT 2y 6m
AT 3y 6m | AA
MT 1y 6m
AT 2y 6m | Chinese woman met D with intention of plutonic relationship. D attempted to force intercourse and A took car with intention of escape. D stood in front of car and was run over three times. SJ had not expected that A would have to serve her sentence at Silverwater overlooking the car park where offence took place. |
Thomas
NSW SC, 3.11.1994
(Dunford J) | PG | mal wounding and assaults | MT 3y 6m
AT 3y | | Stabbed sister’s ex de facto. History of violence. Sister raped by D. Night of stabbing fight broke out between A and D as D tried to approach sister. |
Pavia
NSW CCA, 9.12.1994 | VG | nil | MT 9y
AT 3y | AA
MT 7y
AT 3y
Special leave to HC refused | Intense but turbulent homosexual relationship with D. Bashed D with barbell and statuette. Previous assaults on D. |
Alexander
(1994) 78 ACR 141
NSWSC, 26.10.1994
NSWCCA, 24.2.1995 | | nil | MT 2y 6m
AT 3y 6m | Crown AD | Shot wife during argument. Provocation was D’s attitude and behaviour to A’s children from first marriage. |
Gilham
(25)
NSW SC, 7.4.1995
(Abadee J) | PG | nil | 5y Bond | | Stabbed brother who had just killed their parents. Remorse. Excellent prior character and prospects for rehabilitation. |
Dunn
(19)
NSW SC, 21.9.1995
(Ireland J)
NSW CCA
28.10.1997 | VG | not serious | MT 7y
AT 4y | AA
(to make technical corrections to date) | Met stranger on cycleway late at night. Physical altercation resulted in death. Homosexual provocation. Aggravating factor that A returned to the scene to either inflict further violence or ensure that D was dead. |
Vella
(33)
NSW CCA
15.12.1995 | VG | minor | MT 10y
AT 4y | AD | Attacked by D with iron bar without warning or provocation. During ensuing fight overpowered D and assaulted him with bar. Disposed of body without knowing if dead.
Below average intelligence. |
McIntyre
NSWSC
(McInerney J)
15.3.1996 | PG | nil | MT 2y
AT 4y | | Stabbed de facto husband when he grabbed her hair, a prelude on previous occasions to serious assault. Relationship characterised by inhumane treatment of A. A had consumed drugs and alcohol. |
P Nelson
M Nelson
NSW CCA
25.6.1996 | PG | | MT 14y
AT 7y
MT 8y
AT 6y | AD
AA
MT 6y
AT 4y | Sister (MN) and brother (PN) bashed D, believing he had molested MN’s daughter. D living as boarder with MN. Assaulted by both at house, then taken to deserted country area and PN continued assault with metal baseball bat. PN pleaded guilty to murder. |
Khan
(1996) 86 ACR 552
NSW CCA, 27.5.1995 | VG | nil | MT 2y
AT 3y | Crown AA
MT 4y
AT 2y | Stabbed wife’s lover. Devout Muslim. Delay between finding wife with lover and arming himself. |
Isaacs
(24)
(1997) 41 NSWLR 374 | VG | nil | MT 5y
AT 4y | AD | Woke and beat violent flatmate with dowel.
[Discussion on appeal - provocation cases do not necessarily attract heavier sentence than unlawful & dangerous act] |
Cheung
(19)
NSW CCA [50]
12.3.1998 | 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. D had attacked A with club-lock during fight. A had taken knife anticipating violence. |
Young (mid 30s)
NSW SC
(Levine J)
20.5.1998 | PG | 2 bonds, mal damage, assault | MT 3y
AT 3y | | 7 stab wounds to husband. V started assaulting A in argument about wine consumption. A ‘snapped’ and wen into frenzy. No premeditation. Stormy and volatile relationship. A not passive, helpless victim.
Some prospects of rehabilitation. |
McEwan
(35)
NSW SC
Barr J
9.7.1998 | VG | no violence | MT 5y
AT 3y | | Male drinking heavily with ex-girlfriend and her de facto. De facto began hitting girlfriend. A obtained gun from house and shot de facto. Motivated by fear for ex-girlfriend. No prior animosity or jealousy.
Tragic childhood, including sexual abuse. Highly suicidal in gaol. Good rehabilitation in gaol. |
Dang
NSW CCA [42]
2.3.1999 | VG | nil | MT 4y 6m
AT 1y 6m | Crown AD | Female A had argument with female D where D had produced rifle. Two weeks later another argument ensued. A loaded rifle out of fear D might use it against her. D shot during argument. High level of criminality and culpability. Also wounded D’s daughter. |
Green
(22)
NSW CCA [97]
18.5.1999 | VG | drug offences and assault | MT 8y
AT 2y 6m | AD | Stabbed 36 year old friend when friend made homosexual advances on him. Traumatised by father sexually assaulting sisters. Stabbed V with poultry shears multiple times. |
K
(16)
NSW SC [933]
Hulme J
1.10.1999
NSW CCA [24]
24.2.2000 | VG | insignificant | 4y GBB | Crown AD | Provocation and diminished responsibility.
Originally charged with murder of man he had been staying with. Week before V had sodomised A
Exceptional subjective circumstances. Appalling childhood and positive evidence of rehabilitation. |
Howard (31)
NSWSC [1228]
(Bell J)
17.12.1999 | VG | one juvenile offence | MT 5y
AT 1y 6m | | Stabbed neighbour during argument at A’s flat.
Convicted of alternative of manslaughter at murder trial.
Good prospects of rehabilitation. |
Butcher
NSW SC [92]
Barr J
25.2.2000 | PG | nil | MT 2y 6m
AT 2y | | Male aged 50 shot friend in chest after finding him engaged in sexual intercourse with wife.
Genuine remorse, depressed at time, will not reoffend. |
Dally (47)
NSW CCA [162]
11.5.2000
(2000) 15 A Crim R 582 | 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 starting pushing A around.
Lonely life culminating in alcohol dependency. Offence not pre-meditated. Remorse. |
Fiu
(25)
NSW SC
Ireland J
1.6.2000 | VG | nil | 7y
NPP 3y 6m | | Diminished responsibility and provocation
Put on trial for murder after Crown rejected plea to manslaughter. Stabbed lover when he told her he would not marry her and did not love her. Provoked by fact that V used her for sexual gratification only. Attempted to kill self. Suffered depression and other mental problems.
West Samoan female. Genuine remorse. High order of impairment to mental responsibility. |
Kelly (30)
NSW SC [701]
Barr J
13.7.2000 | G | irrelevant | 7y
NPP 3y 6m | | Aboriginal stabbed victim during altercation in kitchen. Victim started physical fight pushing offender to ground and causing wound to head. Offender feared further assault may cause death because of brain injury he suffered in accident in 1994. Stabbed victim seven times in chest and abdomen with fishing knife. Intent to do really serious injury. Culpability low.
Immediate assistance to victim, confession to police, genuine remorse |
Vandersee (47)
NSW SC [916]
18.9.2000 | VG
(murder trial) | nil | 8y
NPP 5y | | Bashed sleeping husband to death with blunt end of a tomahawk or axe. Provoked by domineering, controlling and cruel behaviour of V over many years. Medium degree of provocation.
Suffering mild depression at time of offence. Made immediate admissions to police. |
Ko (26)
NSWSC [1130]
Kirby J
12.12.2000 | PG | nil | 4y
NPP 18m | | Diminished responsibility and provocation.
Stabbed husband 17 times. Married victim after he sexually assaulted her. Unhappy and violent marriage, victim forcing offender to have abortion, and seeking divorce. Offender isolated and suffering major depression. Attempted suicide.
Exemplary life prior to offence, model prisoner, genuine remorse |
Dimond (22)
NSW SC [1212]
B-Parker AJ
18.12.2000 | G | record for some violence | 6y
NPP 4y 6m | | Male stabbed male victim 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 victim taunting offender and taking cap and t-shirt.
Displayed aggressive personality disorder from early childhood. Real risk of re-offending unless aggression dealt with. |
Veech
(25)
NSW SC [68]
(Wood CJ at CL)
8.2.2001 | VG
(murder trial) | Nil relevant | 6y 6m
NPP 4y 11m
(backdated 4.5m to take PSC into account) | | Shot male friend four times with rifle after loud and aggressive confrontation outside offender’s house. Shot victim twice while standing and twice while victim helpless on ground. Provocation significant and annoying but not extreme. Struck victim with rifle but after shooting him. Intent to kill.
Youth; unlikely to re-offend in this way; suffering physical effects of motor accident; benefit from counselling. |
Pello
(40)
NSW SC [650]
Hidden J
3.8.2001 | PG | insignificant | 5y 6m
NPP 3y | | Stabbed female sharing house with after victim argued and abused other occupants of house for several hours. Provocation assessed against background of stressful and exploitative environment of house. Offence uncharacteristic. Degree of provocation high..
Unhappy childhood in West Timor - Miserable existence in Australia - Genuine remorse - Suffering psychiatric illness at time of offence - Isolation in gaol. |
Bolt
(19)
NSW SC
Hidden J
31.8.2001
NSW CCA [487]
(2001) 126 ACR 284
13.12.2001 | VG - murder trial | criminal record related to difficult background | 5y 6m
NPP 2y 6m | Crown AA
6y
NPP 3y 6m | Stabbed mother to death. Extremely dysfunctional childhood caused by violent and abusive treatment by mother. Earlier in afternoon mother had ordered mentally ill daughter to leave house. Offender subsequently lost control when mother verbally abused him and poked him in chest. Degree of provocation high. Unlikely to re-offend in this way.
Crown refused plea to manslaughter. Needs much rehabilitation. Genuine remorse. |
Cardoso
(22; 25 at sentence)
NSW SC [775]
(Hulme J)
7.9.2001
NSW CCA [15]
(2003) 137 ACR 535
20.3.2003 | VG at murder trial | nil | 8y
NPP 5y | AA
7y
NPP 4y | Stabbed male stranger in head during fight between victim and 6 men in shopping centre. Offender left fight and obtained table knife before returning and stabbing. High degree of force required. Moderate degree of provocation. Offender more sensitive because of refugee background.
Refugee from East Timor - Difficult background - Remorse - Limited English - Isolated.
Appellant’s pre-trial offer of plea to manslaughter ought to have been taken into account: R v Oinonen [1999] NSWCCA 310 |
See
(30)
NSW SC [776]
Hulme J
7.9.2001 | VG at murder trial
PG to s33B | nil | 7y
NPP 4y 6m | | Stabbed fellow employee to death with carving knife and meat cleaver - 30 wounds - provoked by puerile teasing - chased another employee with meat cleaver
History of being teased and picked on - Malaysian - working illegally - isolation in custody - little English |
Ladd
(41)
NSW SC [1055]
James J
7.12.01 | PG | murder, AOABH | 10y
NPP 7y | | Saw D, a friend, in bed with A’s 9 year old son, and believed he was molesting A’s son. Struck D with wine bottle over head and punched him several times in head; he died some time later.
Single parent of no fixed abode – binge drinker – served 8 years for murdering an Aboriginal woman in WA in 1977 – almost completed a science degree while in custody – anger management issues |
Griffis (33)
NSW SC [1154]
McClellan J
13.12.2001 | 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 reoffend - remorse - co-operated with police |
Popovic
(29)
NSW SC [1118]
O’Keefe J
19.12.2001 | VG - 9 x malicious wound
PG | firearms offences | 3y
10y
NPP 6y
Total:
12y
NPP 8y | AD
[2003] NSWCCA 103 | Discharged 2 shots from double barrelled shot gun in busy street - injured 9 bystanders - shot dead male - victim had been harassing and threatening offender over long period of time - offender in relationship with victim’s ex-girlfriend - formed intent to kill prior to day of shooting - no fear for safety at time of shooting
Some contrition - good prospects of rehabilitation |
Gardiner
(46)
NSW SC [1147]
Whealy J
6.12.2001 | PG | Lengthy minor matters only | 7y 11m
NPP 5y | | Stabbed flatmate during argument over rent money. Victim aggressive and abusive. Stabbed victim in neck. Attempted to save victim.
Special circumstances. No previous custody. |
Tindall (35)
NSWSC [1108]
Hidden J
4.12.2002 | PG | minor assault matters | 5y 6m
NPP 2y 6m | | Assaulted brother with hammer over head - Deceased had been acquitted of murder of father - Offender chief Crown witness - Subsequent to trial deceased harassed offender for 5 months with physical abuse and threats - Grave and cumulative provocation |
Lynch
(48)
NSWSC [1140]
Whealy J
20.11.2002 | PG | record related to drug addiction, AOABH and DV | Mal Wound:
4y 3m
NPP 3y 2m
Manslaughter
7y 8m
NPP 5y 9m
Total:
8y 8m
NPP 6y 9m | | Stabbed estranged wife and lover found in bed together - Killed male and charged with malicious wounding of wife - Build up of anger, distress, humiliation and jealousy over afternoon and evening - No intent to kill - Degree of provocation quite high
Remorse |
Johnson
(22)
NSW CCA [129]
22.5.2003 | VG
(murder trial) | Breached parole for assault w/i to rob w/ wounding (stabbing) | 10y
NPP 7y 6m | AA
9y
NPP 6y 9m | Sexually abused by deceased when 13y – Went to deceased’s house seeking cannabis – Fight over sexual advances resulted in stabbing in chest
Protective custody – Behavioural problems exacerbated by abuse – Offer to plead to manslaughter not taken into account |
KMB (32)
NSWSC [862]
Bell J
23.9.2003 | VG at murder trial | Nil | 6y
NPP 3y 6m | | Female – Prolonged assault on Uncle – Victim admitted sexually interfering with offender’s children – Intent to inflict GBH – Victims mental health deteriorating – Offender caring for victim
Mother to 3 young children – Prior good character – Good prospects of rehabilitation |
Marlow
(27)
NSWSC [1130]
Studdert J
5.12.2003 | VG
(murder trial) | Nil | 9y
NPP 6y 9m | | Fatal stabbing with kitchen knife in victim’s home – Extremely violent killing – Sexually assaulted by victim on 16th birthday – Subsequent consensual sexual encounters - Victim attempted further sexual assault night of killing
Offer to plead to manslaughter |
Walsh (32)
NSWSC [111]
Howie J
27.2.2004 | VG – at murder trial | Lengthy record including violence | 7y 3m
NPP 5y 6m | | Became involved in violent struggle with male acquaintance staying at offender’s premises – Struck Victim in head with hammer 8-9 times – Victim aggressive all evening – Substantial provocation – Body dismembered and dumped in river – Attempt made to cover offence
Poor health |
Williams
NSWSC [189]
O’Keefe J
22.3.2004 | VG
(murder trial) | Lengthy including violence | 14y
NPP 10y 6m | | Bashed de facto wife with heavy metal weight lifting bar – low level of provocation – Hid body in bushland – Returned and re-hid body in another area
No remorse – future dangerousness |
Clarke
(50)
NSWSC [1125]
Barr J
26.11.2004 | VG | Lengthy record for dishonesty offences | 8y
NPP 6y | | Stabbed neighbour after daughter complained of violent and heated argument – Intent to inflict GBH – Single thrust caused death – Opportunistic – Provocation not high – Mid-range seriousness
Moderate prospects of rehabilitation |
Hamoui [No.4]
(27; 31 at sentence)
NSWSC [279]
Kirby J
15.4.2005 | VG at murder trial | Serious offences involving violence – breached bail | 11y
NPP 8y | | Strangled on-again-off-again girlfriend and left body in car –circumstances of killing not clear – victim bound at some stage – intent to kill – gratuitous cruelty – the provocation probably that D had been in relationships with other men while continuing to see A
Physically and emotionally abused as a child – no contrition but evidence of rehabilitation in jail – resumed religious studies – engaged to sister of another inmate – possible mental illness |
Ali
(mid 20s)
[2005] NSWSC 334
18.4.2005 | VG at murder trial | Some, inc 2y F/T for access to robbery | 5y 8m
NPP 2y 8m | | A in relationship with H and had child together – D obsessed with H – D had threatened A and H a number of times including holding a pistol to H’s head – on night of killing, D had had cocaine and told others he was going ‘to get’ A and H – D went to their place and first talked with A but threatened to have his parents killed – A shot D at a time when latter seeking refuge after being disarmed
Lebanese background – stable family – doesn’t use drugs – remorse – involved in community – H pregnant again |
Dunn
(60)
NSWSC [1231]
Latham J
13.9.2005 | VG
(murder trial) | Nil | 8y
NPP 5y | | During argument with female flatmate stabbed her – Long history of taunting by V – Intent to inflict GBH – Offence slightly above mid-range
Socially isolated – Organic brain damage due to alcoholism – Genuine contrition |
Bullock
(25)
NSWSC [1071]
Buddin J
21.10.2005 | 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 |
Russell
(48)
NSWSC [722]
Newman AJ
21.7.2006 | PG | | 6y
NPP 3y | | Female – stabbed de facto husband during confrontation – history of domestic violence – intent to inflict GBH
Mildly intellectually handicapped – difficult personal; life – brain injury from accident |
Berrier
(22)
NSWSC [1421]
Hidden J
21.12.2006 | VG at murder trial | Minor | 9y
NPP 6y | | History of animosity and threatening behaviour by deceased – stabbed during fight – single stab wound – significant level of provocation – intent to inflict GBH
Remorse – low intellectual ability |
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) |
Frost
NSWSC [220]
Barr J
17.3.2008 | PG | Nil | 6y
NPP 3y 6m | | Ex-wife visited from Philippines and asked to take youngest daughter back for purpose of prostitution – choked complainant – panicked and buried body – left trail suggesting complainant returned to Philippines |
Forrest
(48)
NSWSC [301]
Studdert AJ
4.4.2008 | PG | No serious violence | 7y 6m
NPP 5y 9m | | Stabbed male acquaintance with kitchen knife – V threatening to stab female – entered house to retrieve knife – significant degree of provocation
Genuine remorse – effected by incident many years prior where innocently involved in stabbing |
Mitchell
(24)
NSWSC [320]
Howie J
18.4.2008 | PG
Mansl
Arson | Primarily dishonesty and driving offences | Manslaughter:
8y 3m
NPP 4y 6m
Total:
9y
NPP 5y 3m | | Assaulted male acquaintance with hammer in Victim’s apartment – response to being sexually assaulted – set fire to door of apartment
History of mental health problems – drug and alcohol problems - remorse |
Stevens
(40)
NSWSC [1370]
Hall J
18.12.2008 | PG | Some assault | 8y 9m
NPP 6y 7m | | Killed de facto wife – spleen injury caused abdominal bleeding – evidence of other injuries – both had history of drug addiction – under influence of prescribed medication at time of killing – unpremeditated offence – low level of provocation from victim’ drug addiction and failure to properly care for children |
Chant
(41 – 48 at sentence)
NSWSC [593]
Howie J
26.6.2009 | PG
Mansl
Interfering with human remains | nil | Manslaughter
4y 9m
NPP 3y 4m
Total:
5y 4m
NPP 3y 11m | | Female – Shot husband in head during argument – physically abusive relationship – gun initially produced that night by victim – dismembered body and disposed of in various locations
Son assisted in hiding boy |
