| Case | Basis | Plea | Record | Sentence | Appeal | Facts |
Dawney
(30)
NSW SC [944]
(Barr J)
15.9.1999 | major depressive illness - borderline and schizotypal personality disorder - stresses at time of offence | PG | nil | MT 5y
AT 3y |  | Mother smothered 3y daughter. Father of child taking Family Court action to gain custody.
Violent upbringing, history of sexual abuse. |
Tran
(37)
NSWSC [1146]
(Bell J)
1.12.1999 | severe depression | VG | | MT 3y 6m
AT 2y 6m | | Stabbed mother in law with scissors. Wife stabbed in shoulder attempting to help D. Estrangement from wife caused primarily by D. Had gone to house of wife to see her resulting in confrontation with D.
Excellent prospects of rehabilitation |
Wang
NSWSC [447]
(Adams J)
23.5.2000 | severe depressive illness | PG | nil | 6y
NPP 4y | | Female strangled husband and poisoned 1y daughter. Attempting to kill self when found by police. Accidentally killed husband trying to keep him from preventing her killing herself and daughter.
Daughter suffering from cerebral palsy and worried no one would look after her. |
Jans
(55)
NSW SC [525]
Grove J
14.6.2000 | major depressive episode | PG | Nil | PSC 6m
4y GBB | | Stabbed wife with kitchen knife. A found by police threatening to jump off 12 storey roof. As result of undiagnosed Huntington’s Chorea disease V became irrationally abusive to A over long period of time. A suffering major depressive episode at time of killing. Forgiven by 3 children and low risk of re-offending. |
Sette
(31)
NSW SC [648]
(Barr J)
6.7.2000 | significant depressive illness for long period of time and in dissociated state at time of killing | PG | nil | 2y suspended for 2y | | Female removed 1y son from adoptive parents during access visit, stabbed him and hid body in dam.. Forced into adoption by family. Impulsive killing.
Support of family; remorse; rehabilitation. |
Bateman
NSWSC [867]
(Barr J)
30.8.2000 | major depression | PG | nil | 5y GBB | | Male killed wife of 51y bashing her to death with hammer while asleep. Both husband and wife ill, and he suffered major depression after house damaged by hailstones.
Deep remorse. Condition of bond to continue with treatment program. |
Li
NSWSC [1088]
(G.James J)
24.11.2000 | endogenous depression | PG | nil | 5y GBB | | Killed young child intending to then kill self.
Remorse and retained family support. |
Ko
(26)
NSWSC [1130]
Kirby J
12.12.2000 | major depression | PG | nil | 4y
NPP 18m | | 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 |
Hawkins
(76)
NSWSC [420]
(O’Keefe J)
24.5.2001 | depression - adverse reaction to overdose of Zoloft (anti depressive medication) | PG | nil | 3y
NPP 2y | | Strangled wife of nearly 50 years to death.
Offence completely out of character - excellent personal and family history - remorse - voluntarily surrendered to police - considered suicide but concerned about effect on daughter. |
Connolly
NSWSC [787]
Dowd J
20.7.2001 | delusional disorder | PG | minor record | 7y 6m
NPP 4y 6m | | Stabbed wife after forming unfounded suspicion that she was unfaithful to him. Suffering delusional disorder focussed upon perceived unfaithfulness of wife. Had similar obsession with former wife. Also intoxicated at time of offence.
Remorse - 25% discount for plea. |
Bartlett
(51)
NSWSC [685]
Hidden J
9.8.2001 | personality disorder with schizotypal traits and chronic depression | PG | nil | 8y
NPP 4y | | Struck victim with a hammer several times during altercation in boarding house room. |
Pello
(40)
NSWSC [650]
Hidden J
3.8.2001 | major depressive illness | PG | nil | 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. |
Potts
(34)
NSWSC [753]
Hidden J
31.8.2001 | schizophrenia | VG | armed robbery, minor drug and violence, street offences. | 7y
NPP 3y 9m | | Stabbed father in frenzied attack. Deeply affected by deaths of mother and two siblings. History of aggression during previous exacerbations of his illness. |
Santos
(47)
NSWSC [923]
Levine J
12.10.2001 | depression and brain damage | PG | nil | 7y
NPP 5y 3m | | Stabbed male 21 times in car park - believed victim having relationship with estranged wife - Frenzied attack - carried knife for work purposes |
Laupama
(29)
NSWSC [1082]
Bell J
7.12.2001 | major depressive illness (additionally diagnosed PTSD, social phobia, substance dependence). | PG | assault | 12y
NPP 8y | | Hung defacto wife’s five year old daughter in noose from pergola following separation from defacto. Major depression. Sexually assaulted as child.
Taking into account kidnapping. |
Murphy
(44)
NSWSC [150]
Buddin J
4.3.2002 | major depressive illness | PG | nil | 7y 6m
NPP 4y | | Stabbed estranged wife’s lover in their bed - Elements of provocation - Spontaneous.
Devastated by marriage breakdown - Considerations of deterrence and retribution much reduced - Remorse - Good prospects of rehabilitation |
Richards
(39)
NSWSC [415]
Kirby J
17.5.2002 | delusional disorder | PG
Mansl
2 x Att murder | nil | FT 15m 10d
5y GBB
(immediate release) | | Suffering delusional disorder focussed on perceived sexual abuse by fathers of children - Faced losing custody of children at Family Court hearing - Attempted to kill self and three children by carbon monoxide poisoning - Only baby died
Improvement in mental health - Protective custody - Remorse |
Mabbott
(35)
NSWSC [502]
Hidden J
11.6.2002 | schizophrenic illness | PG | lengthy record - summary | 7y
NPP 3y 6m | | Female - Stabbed step-brother in neck after being called a dog - Prior de facto relationship with victim characterised by violence - Suffering paranoid delusions since birth of youngest son and schizophrenic illness at time of offence
Improvement in mental condition - Chaotic life including drug addiction, turbulent relationships and prostitution |
Hucker
(27)
NSWSC [1068]
Howie J
6.11.2002 | schizophrenic illness | PG | nil | 9y 6m
NPP 5y | | While on a roo shooting excursion shot good friend under delusional belief he had raped A’s mother, sister and grandmother. Tried to get D’s father, who was present, to say D had shot himself. 15% discount for PG
Paranoid schizophrenic (diagnosed after offence). Protective custody |
Dawes
NSWCCA [363]
5.11.2004 | Depressive illness | PG | Nil | 5y GBB | Crown AD | Mother suffocated 10y autistic son – Suffering major depressive illness – Unable to obtain proper assistance or intervention – Son very difficult to manage – Verbal and physical abuse by husband – Illness and death of family members – Step father physically abusing daughter – Made serious attempt at suicide
Remorse and contrition – Evidence of rehabilitation with daughter |
Hantis
(48)
NSWSC [549]
James J
17.6.2005 | Depression | VG
(murder trial)
PG
Possess unathor firearm | | 8y
NPP 4y
(concurrent sentence) | | Deliberate and premeditated killing of mother’s de facto husband – angered by perception that victim stealing from business and assaulting mother – genuine attempt to commit suicide
Suffering depression – serious injuries from suicide attempt – Remorse – Good character
6m concurrent for firearm offence |
Nicol
(86)
NSWSC [547]
Hulme J
27.5.2005 | Depression | PG | Nil | 2y
NPP 1y
Suspended | | Assaulted wife with iron bar and asphyxiated with plastic bag – genuine attempted at suicide – intent to kill – elderly couple with many health problems - depression |
Gagalowicz
(18)
NSWSC [675]
Adams J
8.7.2005
NSW CCA [452]
22.12.2005 | Drug-induced psychosis | VG
(murder trial – guilty plea rejected) | Nil | 8y
NPP 4y | Crown AA
10y
NPP 6y | Assaulted drug supplier with cricket bat - psychotic episode caused by amphetamine use – dismembered body and buried in backyard
Diabetic - long term drug abuse |
RG
(44)
NSWSC [21]
Buddin J
2.2.2006 | Psychotic illness | PG | Minor | 3y
NPP 1y 3m 2d
(immediate release) | | Mother drowned 5m daughter in river – Suffering psychotic illness (substantial impairment in upper range)
Protective custody – Family and community support – Remorse – Good prospects of rehabilitation |
Wetherall
(38)
NSWSC [486]
Patten AJ
18.5.2006 | Stress disorder | PG | Minor | 3y
NPP 18m | | Female - Took knife to hotel and stabbed estranged de facto husband – Responding to daughter’s allegation that victim sexually assaulted her – V previously accepted possibility he had sexually assaulted daughter on earlier occasion while drunk – Offender sexually abused by family members during childhood – Stress disorder – Element of provocation
Immediate remorse – Mother to two daughters – Good character |
Heatley
NSWSC [1199]
Whealy J
21.11.2006
NSW CCA [226]
2.10.2008 | Chronic psychotic disorder | PG
Manslaugh
s.97(2) | Extensive – previously acquitted for AR on basis of mental illness | s.97(2):
FT 4y
Mansl:
14y
NPP 8y
Total:
18y
NPP 12y | AD | Prisoner kicked and punched to death cellmate in locked cell – suffering chronic psychotic disorder – unable to control urges – criminality of reasonably high order
Also sentenced for bank robbery – armed with shortened firearm – voluntary disclosure of unknown guilt |
R. Sutton
(63)
M.Sutton
(60)
NSWSC [295]
Barr J
4.4.2007 | Severe depressive disorder | PG
PG | Nil
Nil | 5y GBB
5y GBB | | Parents killed severely disabled 29y son – Victim suffering blindness, severe mental retardation and restriction of hearing – V required surgery to stop brain infection – surgery would cause temporary deafness and reduced quality of life – victim difficulty in dealing with changes in life – spontaneous decision brought out of love for son – both offenders suffering major depressive illness brought on by years of stress and commitment to son – mother administered sedative – father killed victim – cause of death undisclosed
Suicide risk – should not be separated |
Schoultz
(23)
NSWSC [809]
Barr J
27.7.2007 | Depressive disorder | PG | Nil | 7y
NPP 3y 6m | | Mother killed 9m daughter – shook baby and head struck against brick fireplace – unable to settle crying child – intent to do GBH – suffering depressive illness and possible other mental conditions exacerbated by cannabis use
Remorse – prior good character |
Antaky
(50)
NSWSC [1047]
Hulme J
14.9.2007 | Depressive disorder | PG | Nil | 8y
NPP 6y | | Shot brother-in-law during family dispute – deceased had displayed threatening behaviour toward offender’s parents – offender had “fixed determination” to kill deceased. |
Mawson
(60)
NSWSC [1473]
Adams J
14.12.2007 | Post traumatic stress disorder | PG | Minor record | 7y
NPP 4y | | Suffering PTSD from war service in Vietnam and brain damage – Victim seriously mentally unwell, delusional and dangerous - threatening and abusing offender’s family – coincidental meeting resulted in offender shooting victim multiple times – offender’s mental condition affected perception of events and ability to control actions
Remorse |
Soon
(71)
NSWSC [622]
Grove J
20.6.2008 | Depression | PG | Nil | 9y
NPP 5y 6m | | Female - Set fire to house with estranged husband inside – husband quadriplegic and unable to leave bed – intent to kill – offence committed to prevent husband pursuing property claim in divorce proceedings – well planned offence
Depression |
Ferguson
(36)
NSWSC [761]
Barr J
25.7.2008 | Major depressive disorder | PG | Nil | 7y
NPP 4y | | Female entered sexual relationship with 22y male – unhappy relationship involving physical abuse, drug abuse and threats to kill – stabbed Victim during argument – impulsive and sudden offence – element of provocation
Also suffering amphetamine abuse disorder – sexually abused as a child – remorse – prior good character |
Podesta
(19)
NSWSC [1204]
McCallum J
14.11.2008 | Schizophrenia | VG at murder trial | Assault police – breached bond – minor traffic | 8y
NPP 5y | | Mother received prank calls alleging to be from boyfriend suggesting he had infected her with HIV – confronted and argued with boyfriend – stabbed boyfriend multiple times – acting under delusional belief he would be assaulted by V’s associates – previously assaulted by V in home invasion – impaired capacity to judge right from wrong – impaired capacity to control actions
Chaotic and dysfunctional family life |
Maric
(32)
NSWSC [346]
1.5.2009
Harrison J | Depressive disorder | PG | nil | 7y 6m
NPP 5y | | Shot V - V made threats he would harm A’s family if A did not assist with V’s drug cultivation - immediate surrender and confession to police - A and V knew each other from school days - V well-known as aggressive and intimidating – Continuous intimidation from V - A began to abuse drugs and suffer from depressive disorder - A’s impairment at high end of spectrum – strong connection between A’s depressed mental state and intimidation from V.
Serbian background – wartime memories – no likelihood of reoffending or dangerousness – prior good character – trusted and loyal employee - remorse |
Fisher
(36)
NSWSC [348]
Adams J
24.4.2009 | Brain damage resulting from car accident | PG | Minor assaults | 5y 6m
NPP 3y | | Fatal assault of mother at home – circumstances and motive unknown – Some history of violence against mother when angry or intoxicated – Mother primary carer of offender after car accident caused major brain damage
Remorse limited by mental capacity – difficulty in prison – continued danger to community |
Paddock
(78)
NSWSC [369]
Rothman J
21.5.2009 | Paranoia and early dementia | PG | Nil | 6y
NPP 4y 3m | | Suffocated 70y partner preparing to move out – attempted to kill self – mid-range – significant impairment |
Zeilaa
(73)
NSWSC [532]
Howie J
12.6.2009 | Dementia | PG | Nil | 4y 10m
NPP 2y 6m | | Frenzied stabbing of 67y wife during argument over breakdown in relationship
History of verbal and physical abuse - dementia |
Dowley
(41)
NSWSC [722]
Hidden J
30.7.2009 | Paranoid delusional disorder | PG | Disturbing record for violence | 11y
NPP 7y
(12m FT – cumulative) | | Stabbed de facto partner and slit throat – took ice the night before
Drug addiction – not taking medication prior to offence – some insight |
White
(21)
NSWSC [809]
Hidden J
20.8.2009 | Schizophrenia – paranoid delusions | PG | nil | 10y
NPP 6y | | Stabbed male acquaintance in block of residential units during struggle – high level of violence
Long history of schizophrenia – cannabis and alcohol use |
