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

Case	Plea	Record	Sentence	Appeal	Facts
Manning NSWCCA 15.4.1988	PG	nil	5y NPP 2y	AD	Shot husband. Good relationship with history of violent arguments. Night of killing had argument over phone. Went to friend’s house and obtained rifle. Shot at D in dark intending to frighten him when he arrived home.
Roberts NSW SC (Hunt J) 31.8.1989	PG	Nil	2y GBB		Aboriginal female shot husband. History of domestic violence - physical & psychological abuse. A treated like a ‘dog’. D had ongoing affair. On day of offence violent argument. Intended to shoot D in leg but confrontation led to shooting in chest.
French (16y) NSWSCt (Wood J) 2.10.1990 JPL (16y 5m) NSWCCA 5.10.1994 J (16y 4m) NSWCCA 5.12.1992 Young (17 9m) NSW S.Ct (B-Parker J) 15.4.1991	PG PG PG VG	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	AA MT 6y AT 3y	8 young people involved in assault. Telephoned number from toilet wall to arrange meeting with homosexual D. Three offenders convicted of murder (Howard & Ors (1992) 29 NSWLR 242)
Dodd NSWCCA 4.3.1991 57 A Crim R 349	PG		3y PD	Crown AA FT 3y	Strangled D after she refused sex. Voluntary disclosure of guilt to otherwise unsolved crime after 10 years. Had sex with woman’s body. Affected by drugs at the time. Insufficient weight given to objective seriousness of offence. DJ issues.
Jennar NSWCCA 4.3.1991	VG		Manslaughter 20y NPP 15y Rob with wounding 15y	AA Each: MT 7y 7m 2d AT 2y 6m 4d	[Also sentenced for Robbery with wounding.] Killed D with shotgun. Believed he had been ripped off in drug deal. Affected by sleeping pills and need for drugs.
Harris NSWSC (Abadee J) 7.3.1991	PG	no violence, drug related	MT 5y AT 1y 8m		Punched and kicked de facto in street because she kept falling over (intoxicated). Alcohol problem for both A and D.
Taouk NSWSC (Abadee J) 28.3.1991 NSWCCA 20.3.1992	PG	nil	MT 5y AT 2y	AA MT 3y AT 3y 8m	Brawl in night club one week before. Night of killing D approached A in hotel and commenced to harass and assault him. Knife was carried by A for general use, not armed with knife for purpose of violence.
Ryan (46) NSWSC (Abadee J) 25.7.1991	PG		MT 3y 4m AT 1y 1m (PSC 1m)		Shot wife with shotgun. Deliberately placed gun near D, threatening her. Moderately affected by alcohol.
Bailey NSWSC (Hunt J) 18.9.1991	PG	minor	MT 3y AT 1y (discount for assistance)		Co offender Norton convicted of murder. Assaulted flat mate on beach and dragged him to water. Died from drowning. Alcoholic. 33% discount for assistance to authorities.
McMillan NSWSC (Slattery AJ) 17.12.1992	VG	PCA and unlicensed driver	MT 5y AT 3y		Turbulent relationship with D. On day of shooting D told him to leave. He pointed rifle at her and it discharged. Affected by alcohol.
O’Brien (17) NSWCCA 29.4.1993	VG	nil	MT 7y AT 6y	AD	Intoxicated male aged 17 had confrontation with D and others on street. Obtained gun from home then used it to facilitate escape from second confrontation.
McGrath (22) NSWSC (McInerney J) 14.5.1993	PG	long record, bail	MT 3y AT 2y		19 y o intoxicated male assaulted D with female co offender. Kicked D while on the ground. Believed D had made sexual advances to female. Alcohol problem and some degree of impairment.
Cooper NSWSC (Studdert J) 25.6.1993	PG	priors, GBB	MT 5y AT 4y		Unprovoked attack on stranger who answered door. Struck D to the ground and stomped on head. Intoxicated.
Brown NSWCCA 13.7.1993	PG	nil	MT 6y AT 3y	AD	A and co offender bashed D who was walking home from party with wife. Brutal and senseless killing. Samoan, intoxicated.
Woolsey NSWSC (Newman J) 19.8.1993	PG	nil	4y GBB		History of domestic violence when D drunk. A assaulted during argument with D. Picked up knife to scare D off and stabbed him.
Fletcher NSWSC (Newman J) 20.8.1993	VG	serious record - offence committed on parole	MT 4y AT 5y		During fight with stranger stabbed him twice in chest. Much evidence of rehabilitation.
Chapple NSWCCA 14.9.1993	PG	bail	MT 6y AT 3y [5½ m PSC]	AD	Assaulted D with co offenders having been told D slept with his wife. Failed to obtain medical assistance.
Alsan (18) NSWSC (Ireland J) 1.11.1994 El Kerdi (17) NSWSC (Ireland J) 1.11.1994 Barakat NSWSC (Ireland J) 20.12.1994 El Badar (17) NSWCCA 3.4.1995	PG PG VG PG	Record for violence. Bail at time of offence.	MT 2y AT 3y (assistance, cumulative on existing sentence) MT 3y AT 3y (assistance) MT 2y 6m AT 2y 6m 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. Shooter.
Dixon Dunn NSWSC (Loveday J) 18.11.1994	PG PG	no priors serious record	MT 5y AT 4y 6m MT 6y AT 4y 6m		Intoxicated Aboriginal males under 17 years assaulted 69 year old V during robbery. V died as a result of injuries. Both offenders had alcohol addiction. (Also pleaded guilty to robbing and assaulting another victim with broken bottle and stake).
Quinn NSWSC (Abadee J) 28.4.1995	PG	minor	MT 1y 1m 20d AT 2y 5m		Stabbed brother. A using knife to prepare breakfast when argument developed. A parried knife in response to punch. Both A and D chronically and severely mentally ill. At time of sentence A forensic patient.
ALH NSWSC (Dunford J) 26.5.1995	PG	juvenile convictions	MT 3y 6m AT 4y Detention		Aboriginal juvenile bashed D in company, suspecting him of stealing. Hard punch to head caused death. Intellectually disabled - contrite
Maguire NSWCCA 30.8.1995	VG	priors but not for violence	MT 8y AT 2y	AD	Altercation at club with D. Returned with gun and resumed fight. Accidental discharge. Intoxicated.
MacDonald NSWCCA 12.12.1995	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.
Varagnolo NSWSC (McInerney J) 21.3.1996	PG	mal wound but not relevant	2y GBB		Long history of violent relationship with D, including rape. Night of killing violent argument, including assault on A’s young daughter. Picked up knife with intention of frightening D, and stabbing occurred when D moved towards A. Very deprived background – part Aboriginal; Stolen Generation
Edwards NSWSC (Simpson J) 2.8.1996 (1996) 90 A Crim R 510	PG		3y PD	Crown AA MT 18m AT 18m	Female stabbed male lover during argument. Care for third party not exceptional circumstances.
Lamb NSWCCA 3.4.1997	VG	nil	MT 2y AT 2y	AD	Principal in the second degree. Co-A injected self, accused and victim with drug. V asked for more and A reluctantly agreed to have co-A inject more. Tried to obtain help. Intended no harm. Low intellectual capacity, aboriginal, assistance re drug dealer, rehabilitation.
Owen NSWCCA 5.6.1997	PG	lengthy, related to drugs addiction	MT 4y 6m AT 4y	AD	Stabbed de facto. Volatile relationship involving alcohol and drug dependency. Facts surrounding killing unclear.
Appleby NSWSC (Ireland J) 18.7.1997	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.
Lam NSWSC (Hidden J) 20.3.1998	VG	minor assaults	MT 3 AT 2y		40 year old shared house with D. Confrontation about D’s unwelcome advances to A’s girlfriend. D became aggressive and tried to take up knife. A grabbed knife first. Multiple wounds as fight continued through house.
Bollen (1998) 99 A Crim R 510 HC leave refused 11.2.2000	VG	minor	MT 4y 3m AT 1y 3m	AA MT 3y 4m AT 1y 2m	A lived in flat above garage next to D’s house. History of much antagonism. D and brother verbally abusing A. D later approached A who lunged and stabbed D. Deliberate but reactionary action.
Pham NSWSC (Hidden J) 15.5.1998	PG	minor - not significant	MT 5y AT 3y		22 year old robbed two pedestrians with co-accused. Later attempted to rob D who pulled a knife. Struggle ensued and D stabbed in chest. Low range of culpability. A had been stabbed before.
Bessant NSWSC (Smart J) 20.5.1998	VG	bad record - committed AR four days after shooting.	MT 12y AT 6y (earliest release date 31.5.2001)		Re-determination under s.13A. 1987 - contracted to drive past and fire at house to frighten occupants. 5y girl killed. Dispute between neighbours. 25y at time of offence. Substantial rehabilitation although minor drug matters in gaol. When eligible for release will have spent 15y 10m in gaol.
Moore NSWCCA 16.6.1998	PG	minor	MT 2y 11m 21d AT 3y	AD	Stabbed de facto husband during violent argument. History of violence and alcohol abuse. Aboriginal with violent past, including DV. Suffers pancreatitis, PTSD, borderline personality disorder. Truly remorseful. Commenced rehabilitation.
Kennedy (70) NSWSC Greg James J 30.6.1998	PG		3y GBB		Stabbed 78y husband once in stomach – died fourteen days later Culpability affected by mental conditions including dementia – intoxication – poor health – abused by husband
PN NSWSC (Barr J) 30.10.1998	PG	GBB for menace w/i to steal; assaults committed in gaol awaiting sentence	MT 8y AT 4y		17 year old Pacific Islander. Brother involved in earlier fight with aborigines. Armed with knife went back with others to continue fight. Stabbed one victim in back and stabbed D to death. Under influence of alcohol and cannabis. Tragic background, mother suicided when A only two, low average intellectual disability.
Williams NSWSC (Adams J) 30.11.1998 NSWCCA [136] 14.4.2000	VG	prior assault on mother	MT 6y AT 2y	AD	Charged with murder and found guilty of manslaughter. Struck frail and elderly mother about face and head at home while intoxicated. No significant remorse or contrition.
Mitchell NSWDC (Sides DCJ) 11.12.1998	PG	minor	MT 9m AT 27m		47 year old Aboriginal female stabbed de facto in leg during argument. Stabbing severed artery and D bled to death. Did not intend or believe serious injury would result. Judgment impaired by intoxication. Alcoholic with background of hardship and extreme disadvantage. Remorse
Lewis NSWSC [131] (Sully J) 1.3.1999	PG	mal wound with w/i GBH; on bail and parole	MT 6y AT 3y		Member of Rebel Motorcycle Club. Helped bouncer remove D who was being nuisance at hotel. Punched and kicked D. Left scene but other club members continued assault. D stabbed to death. Backdated 4y for time already served. Seriously assaulted in gaol because wife giving evidence. Good prospects of rehabilitation.
Grenenger (22) NSWSC [380] (Sully J) 23.4.1999	VG	nil	MT 18m AT 18m		A struck D with bar stool during pub fight. Good character and remorse.
TM (17) NSWSC [504] (Hidden J) 28.5.1999	PG	not relevant	MT 3y AT 2y Detention		A chased D with friends after confrontation in pub. Friends kicked and punched D to ground. A stabbed D in leg causing death. Good prospects of rehabilitation, supportive family.
Nguyen NSWSC [592] (McInerney J) 4.6.1999 NSWCCA [45] 16.2.2000	PG	nil	MT 3y AT 1y (PSC 2y)	AD	Group attack on D at dance hall following dispute. Hit D with baseball bat causing death. Good character and family support.
Bryant NSWCCA [181] 29.6.1999	VG	other offences not specified	MT 6y 6m AT 3y 6m	AD	Charged with murder. During struggle in kitchen V savagely and brutally stabbed in chest and head. Other wounds in body. History of heavy drinking. Remorse.
Robson NSWSC [855] (Barr J) 26.8.1999	PG	assault, minor drugs	MT 3y AT 2y		Assaulted D in company to “teach him a lesson” for taking wife’s car and damaging it. D, a heroin addict, had lived w A and his wife for a time. Intoxicated, good prospects of rehabilitation, married with large and supportive family. Since the offence has become a heroin addict, but on methadone and attempting to overcome habit.
Papandrea NSWSC [978] (Studdert J) 24.9.1999 NSWCCA [499] 24.11.2000	PG	not relevant	MT 6y AT 3y	AD	Shot acquaintance at close range. Circumstances of shooting not clear. Both A and D affected by drugs.
Khouzame (19) NSWSC [979] (Grove J) 24.9.1999 NSWCCA [505] 6.12.2000	VG	nil	MT 3y AT 2y	AD	A 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.
Horton (53) NSWSC [983] (Studdert J) 24.9.1999	PG	minor	MT 5y AT 3y		Female stabbed friend in heart after heavy drinking. Alcoholic with dependent personality disorder.
Oinonen (62) NSWCCA [310] 29.9.1999	VG	not stated	MT 8y AT 3y	AA MT 6y AT 3y	Intoxicated male confronted D about stolen opals. Fired at D as he ran away. CCA took into account A’s earlier offer to plead to manslaughter that was rejected by Crown.
Nikau NSWCCA [322] 13.10.1999	PG		MT 8y AT 4y	AD	Stabbed D during street fight between Pacific Islanders and Aborigines. Affected by drugs and alcohol. Youthful offender.
SMP (17) NSWCCA [318] 15.10.1999	PG	nil	MT 4y AT 3y	AA MT 2y9m AT 2y 9m Detention	A stabbed D after he attacked A with knife by surprise. D 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	PG		MT 4y AT 3y		stabbed D four times in fight outside hotel. D intoxicated and initiated fight. A suffering exaggerated sense of danger, and carrying knife, following assault on him several weeks earlier. Spontaneous offence. Good prospects of rehabilitation.
Nardoni (26) NSWSC [1097] (Grove J) 12.11.1999	PG	assault, mal injury, nuisance offences	MT 2y AT 3y (PSC 1y)		assaulted de facto wife. Died of head injuries next morning. Violent relationship. Alcohol and drugs.
TJP (16) NSWCCA [408] 1.12.1999	PG	assault, robbery on recog	MT 2y 11m AT 3y (PSC 1m)	AD	Aboriginal female bashed and robbed 67 year old male with two co offenders. Alcohol and cannabis user since 11 years old.
Wilson (40) NSWSC [1235] (Newman J) 3.12.1999	PG	Nil	3y GBB		Assaulted father on boat then threw body overboard wrongly believing him to be dead. Father drowned. Assault in response to threats made by father against A’s girlfriend. Father violent record, on bail for conspiracy to murder. Good character, including service in Naval Reserve. Early acknowledgment of guilt, genuine remorse, suffering abnormality of mind at time of offence.
Risteski (22) NSWSC [1248] Dunford J 13.12.1999	PG	minor record reflecting alcohol problem	MT 3y 6m 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.
Chami (20) NSWSC [1268] (Studdert J) 20.12.1999	PG	on bail for firearm offences	MT 5y 6m AT 3y		stabbed stranger in brawl outside nightclub. Contrition, drug user, prospects of rehabilitation.
Tran NSWCCA [443] 23.12.1999	PG	driving offences	MT 4y 6m AT 1y 5m	AD	Male aged 39 shot teenaged brother, whom he suspected of stealing from mother. Accidentally shot V in head with licensed pistol trying to scare him. Married with 5 children.
Naudin (39) NSWSC [18] Dowd J 4.2.2000	PG	minor	MT 3y AT 3y		A arguing with friend, D, who threatened A with knife. A turned knife back on D, stabbing him in abdomen. Immediate remorse. Both intoxicated. Suffering acute psychotic illness in gaol.
Esposito NSWSC [284] (Dunford J) 23.2.2000	PG	drug related record: on recog at time of offence	MT 8y AT 4y		Female aged 29 stabbed man she just met a bar. Affected by drugs and possibly motivated by robbery.
Sherry (38) NSWCCA [35] 29.2.2000	VG	lengthy but minor alcohol related record	MT 2y 6m AT 2y 6m	Crown AA MT 3y 6m AT 2y 6m	A stabbed de facto wife during violent altercation. History of volatile and violent relationship. Stabbed wife below ear. Alcohol problems.
Kennedy NSWSC [109] Barr J 1.3.2000	PG		4y GBB		Female stabbed de facto husband in chest once during confrontation. Circumstances of offence unclear but history of extreme and cruel domestic violence. Genuine remorse; suicidal; spontaneous offence; violent childhood beaten first by mother then deceased.
Kirkwood (63) NSWSC [184] Bell J 3.3.2000	PG	minor record	MT 12m AT 18m		Aboriginal female had sexual relationship with D for 4-5 years. Violent argument where d threw stool at A and threatened her with knife. A took knife and ‘poked’ A in chest. Mildly intellectually handicapped; alcoholic; not prone to violence; health problems; carer for handicapped son.
Luong (17) NSWSC [505] (Sully J) 8.6.2000	VG	nil	4y NPP 2y		Unlawful & dangerous / Negligence. Hosted party for school friends at family home. While displaying gun deliberately fired at 16 year old female friend mistakenly believing no live ammunition in gun. Excellent subjective features.
Hyatt (22) NSWSC [774] (Barr J) 4.8.2000	VG	nil	5y NPP 2y		After minor confrontations with supervisor at work A became concerned about security of employment. Approached supervisor and on spur of moment struck him in head with wood. No intent to do really serious harm. Completely out of character - lost temper as result of intense anxiety. Remorse.
Mika Sagato 116 ACR 31 NSWSC [852] (Grove J) 11.8.2000	PG	Nil	2y suspended sentence		Husband and wife held down three year old child while mother poured water down his throat. All held genuine and religious beliefs about demons, and believed child needed to be exorcised. Mother found mentally ill. Intense religious beliefs – remorse – parents to 4 other children.
Sandness (32) NSWSC [821] (Dunford J) 18.8.2000 NSWCCA [385] 25.9.2001	PG	Minor - BES and assault	11y NPP 8y 6m	AD	Went with girlfriend to home of her 80y frail grandfather to steal money for heroin for both of them. Assaulted D with brick and punched him in face. Some attempts made at rehabilitation.
Sutcliffe (25) S McGoldrick (21) L McGoldrick (17) NSWSC [825] (Adams J) 18.8.2000	PG		5y 3m NPP 3y 4y 5m NPP 2y 3m 2y 6m PD		Four offenders involved in pushing large rocks off motorway overpass attempting to strike truck trailers. One rock smashed through windscreen of V’s truck causing death. Went to assistance of driver but attempted to conceal involvement in offence. S: most culpable; limited intelligence; immature; psychological handicaps; genuine remorse; strict protection; good prospects of rehabilitation. S.McG: less than average intelligence; immature; remorse; onerous conditions of bail. L.McG: least culpable; immature; remorse;
Graham (20) NSWSC [1033] (Whealy J) 10.11.2000	VG at trial for murder	nil	5y NPP 3y		Became involved in homosexual encounter with stranger in park. Pursued by victim when changed mind and attempted to disengage. Strangled victim in headlock acting in unreasonable fear for safety. Youth, good character, suffering depression, isolated incident.
Bilton (32) NSWSC [1113] (Bell J) 17.11.2000	VG	nil relevant	7y NPP 4y 6m		Punched two year old son of de facto in chest then severely shook child when child gasping for breath. Angered by child’s crying. Also sentenced for 2 counts AOABH for throwing tube of ointment at child. Not living with child and mother, limited intellectual ability, remorse, threatened in custody.
Bellamy (30) NSWSC [1217] (Wood CJ at CL) 11.12.2000	PG	very lengthy - offences committed while on parole	Manslaughter: 5y Other offences: Partially cumulative - total sentence 10y NPP 7y 6m		Bashed and kicked to death 57y male in victim’s home after victim made homosexual advances. Previously raped in gaol. Assaulted and robbed victim’s 88 year old mother before leaving house. Broke into home of victim one week later and stole property. Also sentenced for AR and break and enter offences. Under influence of Normison. Heroin addict. Ellis discount in relation to manslaughter; remorse
Adamson (19) NSWSC [499] Howie J 1.6.2001 NSWCCA [349] 26.8.2002 (2002) 132 A Crim R 511	PG	malicious wounding	11y NPP 4y 6m (cumulative) Total: 14y NPP 10y 6m	AD	Also pleaded to 2 x aggravated sexual intercourse. During party had vaginal and anal intercourse with victim knowing she was not consenting. Deliberately placed hand over victim’s mouth and nose to prevent her calling out, causing asphyxiation. Raised alarm and attempted to resuscitate victim.
Sotheren (27) NSWSC [214] Dowd J 15.6.2001 NSWCCA [425] 14.10.2001	PG	lengthy record including violence - on parole	Total: 7y NPP 4y 6m	Crown AA Total: 12y NPP 8y	Also pleaded to 5 counts of agg robbery - each victim severely beaten, one dying three days later - all robberies committed over one night. Heavy user of amphetamines - seriously deprived and abusive childhood - made ward of state - psychiatric and behavioural problems - stabbed twice while in custody - suffers claustrophobia - remorse - aboriginal - support of family
Fox (33) NSWSC [573] (Grove J) 6.7.2001	PG	no prior convictions	5y NPP 2y		Female - attempted to wake up de facto by kicking him in head - intoxicated at time - shoeless – no recollection of events Aboriginal or Pacific Islander - life of considerable tragedy - lifetime addiction to alcohol - truly remorseful - needs further assistance before release
Clarke (25) NSWSC [703] McClellan J 20.7.2001	PG	sorry criminal record	5y NPP 3y 6m		Picked up in stolen car by co-offender. Car stopped while offender snatched bag from victim standing on footpath. Victim attempted to retrieve bag by entering car. Driving and punching by co-offender forced victim out of car where she was struck in head by wheel. Offender played lesser role once bag taken. Offer to give evidence - voluntarily surrendered to police - threats to safety - genuine remorse.
Melrose NSWSC [847] McClellan J 31.8.2001	PG		4y GBB		Aboriginal woman stabbed partner during violent argument – V had assaulted A earlier in evening – long term DV - A isolated by move to another town and became depressed. Remorseful and severe psychiatric reaction to killing - significant suicide risk.
Young (18) NSWSC [942] Taylor AJ 3.9.2001 NSWCCA [322] 12.12.2002 (2002) 136 A Crim R 437	PG	criminal history - no significant violence	6y NPP 4y	Crown AD AA 5y 3m NPP 3y 3m Partial failure of undertaking to give evidence but sentence excessive	Kicked and punched male victim in attempt to rob on public street late at night. Injuries did not cause serious injury but victim suffered from bad heart and high blood pressure. Alcoholic - assistance - protection
Masson (23) NSWSC [1037] Howie J 8.11.2001	VG (murder trial)	nil	7y 6m NPP 4y 6m		Went with co-off (Symss) to house of 75y o 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
Willoughby (26) NSWSC [1015] Greg James J 9.11.2001	PG	nil	6y 9m NPP 3y 9m		Genuine, although unreasonable belief that male found outside offender’s flat had stolen from him - chased him outside flats and administered severe beating - included stomping on victim - did not believe he had seriously injured victim. Suffering effects of severe emotional stress at time of offence - resulted in him taking marijuana and LSD. Suffering complex and difficult psychological problems in relation to family, de facto and daughter - in need of extensive counselling and assistance - degree of contrition - serious back condition - 1y 11m on conditional custody and 11m PSC
Guider (36 at offence - 52 at sentence) NSWSC [756] Wood CJ at CL 28.8.2002	PG	sentenced for sexual offences committed on young children over lengthy period of time	17y NPP 12y Partially cumulative to existing sentence. Total increase: 7y 3m 8d NPP increase: 7y 9m 27d		Killing of Samantha Knight in 1986 - Picked up victim and took her somewhere - Victim died after being drugged with normison - Body never recovered - No details of offence provided by offender - Part of series of sexual offences committed on young children over 15y years - Involved using stupefying drugs to take photographs and commit sexual acts Dysfunctional background - Denied offence for long period of time - No insight into offending - Dangerousness - Strict protection - Paedophilia
Whiting (35) NSWSC [827] Levine J 6.9.2002	PG	prior violence	5y 4m NPP 3y		Stabbed de facto wife during domestic dispute - Both parties affected by alcohol - Deceased 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 victim and offender - Suffering alcohol dependence and personality disorder - Genuine remorse - Strict protection
Marrah (36) NSWSC [862] 17.9.2002 (Levine J)	PG	assaults	6y 5m NPP 4y 9m		Shearer killed work associate - Assaulted victim during argument about money - Element of pre-meditation - Smaller victim - Left victim on side of street unaware of fatality of assault - Middle to upper range for assault of this type Good prospects of rehabilitation
CK (16) NSWSC [942] Studdert J 11.10.2002 NSWCCA [116] 29.4.2004	PG	nil	7y 6m NPP 4y	AD	Present during series of confrontations between Asian and Australian youths throughout evening of killing - Threw solid metal bar at car being driven by 17y male - bar penetrated skull of victim Born to Korean parents - Contrition - Uncharacteristic behaviour - Hardship to family
Waterman (30) NSWSC [1236] Hidden J 18.12.2002 Leyman (30) NSWSC [1226] Hidden J 19.12.2002	VG (murder trial) PG	lengthy record but mostly juvenile old and brief record	6y NPP 3y 6m Accessory: 5y 6m NPP 3y		PW became involved in argument with homeless men outside house - Returned to argument with co-offender and knife - Victim stabbed when impaled self on knife - No intent to kill - History of tension between residents and homeless men PW - Intoxicated - Improvement in lifestyle means offence out of character - Good prospects of rehabilitation although needing assistance with alcohol abuse - Offered to plead to manslaughter - Remorse L (charged Accessory) accompanied co-offender knowing he was armed with knife contemplating it might be used to cause injury - alcohol abuse - good character evidence - remorse
Styman (24) NSWSC [93] Barr J 28.2.2003	VG Mansl PG Agg BE, commit offence	BES offences	Total: 15y NPP 10y		Unlawful & dangerous / Negligence. With 2 co-offenders broke into house of elderly female victim living alone - Victim tied and gagged and left in house - Stole cash and property - Unsuccessful 000 call made - Victim died 10-12 days later - Lesser participant - Co-offenders received life sentences for murder - Not aware victim not rescued Cruel and violent childhood - Genuine remorse - Assistance to police - Truthful at trial - Evidence of rehabilitation - Protective custody
Yeoman (43) NSWSC [194] Buddin J 21.3.2003	PG	Nil	4y GBB		Stabbed de facto husband of 25y once in heart - Both A and V heavily intoxicated – A not fully aware of actions due to effect of intoxication - Element of provocation and long history of DV – stabbed V on previous occasion Prior good character - Isolation caused by recent move - Grief over recent death of father - Effect of imprisonment on 5y old son - Genuine remorse - Excellent prospects of rehabilitation
Tran (25) NSWSC [373] Greg James J 2.5.2003	PG	Nil	5y NPP 2y 3m		Went to bed with partner – Both intoxicated – Killed partner during night – Possibly suffocated – Verging on automatism due to intoxication and sleep disorder – Vague as to details – Disposed of body – Lower end of culpability Prior good character – Good prospects of rehabilitation - Vietnamese
McNamara NSWSC [429] Hidden J 23.5.2003 NSWCCA [44] 5.3.2004	VG – murder trial	AOABH and mal inflict gbh (de facto) – on bail	9y NPP 6y 6m	Crown AD	Killed mother by brutal assault – history of arguments over estranged de facto and access to children Risk of re-offending
O’Hare (23) NSWSC [652] Whealy J 25.7.2003	PG Sched: Mal damage	Minor	6y NPP 3y		Offender intoxicated and angry when encountered male stranger on street – Words exchanged but no provocation – Victim hit once to side of face and fell on pavement Verbal and physical abuse from step father – Long history of alcohol addiction – Good character – Reasonable prospects of rehabilitation - Remorse
Laures (66) NSWSC [785] Sully J 27.8.2003	PG	Nil	8y NPP 5y		Stabbed de facto wife once in chest during fight outside house Health problems
Maclurcan (48) NSWSC [799] Buddin J 29.8.2003	PG	Minor	3y NPP 17m		Struck male acquaintance once to head with fist during argument – Victim’s head struck concrete – Offender in manic phase of bipolar disorder Excellent character evidence – Good prospects of rehabilitation
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 o 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	PG	Breached GBB and PD	5y 6m NPP 3y 6m		Part of group of males who approached another group in street late at night – Threatened victim and pretended mobile phone was gun – Victim assaulted by all members of group – Ultimately died from stab wound – Unclear who did stabbing – Stabbing not taken into account – Instigator of incident Difficult childhood - Early drug addiction – Reasonable prospects of rehabilitation
O’Connor (25) NSWSC [1041] Whealy J 21.11.2003 Co-Accused: Avakian	PG	Record	5y 2m NPP 3y 2m		Part of group of males who approached another group in street late at night – Victim threatened by co-offender pretending mobile phone was gun – Victim assaulted by all members of group – Ultimately died from stab wound – Unclear who did stabbing – Stabbing not taken into account Difficult childhood – Remorse – Reasonable prospects of rehabilitation
Yu (33) NSWSC [1153] Wood CJ at CL 4.12.2003	PG	Nil	5y NPP 2y 6m		Illegal immigrant from Korean – became involved in physical fight with acquaintance at offender’s home – double stab wounds to abdomen – no intent to stab – also struck victim to head five times with golf clubs – suffering intoxication aggravated by extreme sleep deprivation – victim aggressive and threatening and refused to leave house Vulnerable – good character evidence – isolation in gaol – high prospects of rehabilitation
Battur (22) NSWSC [1164] Greg James J 8.12.2003	PG	Nil	6y 3m NPP 3y		Mongolian offender and victim – Argument over failure of offender to show proper respect – Threats and physical assault by victim – Armed self with knife for self defence – Met again later in evening and threats / assaults continued – Stabbed victim in chest Co-operation and contrition - Element of provocation and self defence – Onerous custodial conditions – Strong prospects of rehabilitation – Facing reprisals in Mongolia
Hoerler (20) NSWSC [1187] 11.12.2003 NSWCCA [184] 11.6.2004	PG	Mal damage, burglary, assaults	11y NPP 8y 3m	Crown AA 14y 4m NPP 10y 9m	Multiple injuries to 7m son of de facto – Punch caused lower teeth into roof of mouth – Punch to abdomen – Clamp to toes causing breaks – Died by asphyxiation or vomit inhalation – 5 unrelated offences taken into account on sentence Protective custody
Vongsouvanh (28) Namalauulu (24) NSWSC [1203] Whealy J 17.12.2003 NSWCCA [158] 19.5.2004	PG	Drug related offences Lesser record	6y 9m NPP 4y 6y 9m NPP 4y	Crown AD Crown AD	2 females became involved with third female in struggle with fellow male drug user – not aware co-offender had knife prior to struggle – Continued involvement after production of knife – Victim stabbed 4 times in stomach – Prevented victim defending self or escaping – Ran away leaving victim KV – Affected by cocaine at time of offence – Born in Laos – Mother of young child – Some evidence of rehabilitation from drug addiction FN – Affected by cocaine at time of offence – Born in Samoa – Mother of young child – Some evidence of rehabilitation from drug addiction
Wilson (30) NSWCCA [1257] Miles AJ 23.12.2003	VG – at murder trial	Nil	9y NPP 6y 11m		Fatal shaking to 2y foster son – Impact injuries to child inflicted earlier by husband – Shook child in frustration Prior god character but troubled background – Deteriorating psychiatric condition – Protective custody
Kerr (17) NSWSC [75] Kirby J 24.2.2004 RIK NSWCCA [282] 19.8.2004	VG	Nil	3y NPP 12m	Conviction AD	Alighted from train and approached male sitting alone on platform – Aggressive manner and swearing – Victim jumped onto tracks and struck by train Prior good character – Intoxicated – Family support – Excellent prospects of rehabilitation
Kwon NSWSC [146] Dowd J 27.2.2004 NSWCCA [456] 16.12.2004	PG	Nil	2y 8m NPP 1y 8m	Crown AD	Sustained assault on male employee during night out – Intoxicated Korean - Prior good character – Lost business – Family to return to Korea
Dalton (18) NSWSC [446] Adams J 19.4.2004 NSWCCA [156] 26.4.2005	PG	Not stated	7y NPP 3y 3m	Crown AA 9y NPP 4y 6m	Forced head of 23m child of de facto against window – Threw child on mattress – Severe head injury – Continuous abuse over long period Aboriginal with childhood history of physical And emotional abuse – Borderline Personality Disorder
Mercy NSWSC [472] Adams J 19.4.2004	PG	Nil	4y 1mm NPP 2y 3m (3m PSC)		Stabbed de facto in back – Intent to frighten – Seeking to make stand in context of continuing physical and sexual abuse Aboriginal with deprived and violent childhood – Serious drinking problem – Medical condition causing more onerous custody
Forbes (29) NSWSC [421] Hulme J 7.5.2004	2 x Mans PG VG (at murder trial)	Lengthy record – breached parole	12y NPP 9y 12y NPP 8y Total: 22y NPP 15y		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 (excessive selk defence) Low prospects of rehabilitation
VDN (17) NSWSC [426] Whealy J 21.5.2004	PG Mans Att AR	Drug offences	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
Oosterum (50) NSWSC [532] 18.6.2004	PG	Nil	7y NPP 4y		Offender’s gun discharged during struggle with deceased on street – Offender confronted deceased over alleged relationship with offender’s wife – No intent – Had gun in possession to ensure offender listened – Suffering depression and disordered thinking – Emotionally distraught – Grave loss of judgment Contrition – Co-operation – Prior good character – Excellent prospects of rehabilitation
Monroe (30) NSWSC [1271] O’Keefe J 22.8.2003	PG	Priors including assault	7y 6m NPP 4y		Shook 3m baby boy – threw baby on lounge and punched in abdominal area – angry and intoxicated Depression and heart condition – protective custody
Hogan NSWSC [959] Barr J 15.10.2004	PG	Minor DV matters w V (who was suicidal and violent)	4y NPP 2y 3m		A and V together in stationary car; V in a distraught state – V threw open the passenger’s side door and attempted to leave car – A decided to take off at some speed in the hope that this sudden forward motion would cause the door to shut (as it did before) - this sudden forward motion caused V to fall onto the roadway causing the injury resulting in her death - A did not act with the intention to kill, or cause GBH, or with reckless indifference to human life. Criminality very low – remorse – early PG
Rugari (18) NSWSC [1126] Barr J 26.11.2004	PG Mansl Agg rob Sched Possess drugs	Record for violence	8y NPP 5y		Severe and unprovoked assault on male acquaintance – Concerned about sexual intentions of deceased towards 12y female – called him a paedophile - Refused to return car keys until phone and gold chain handed over – Male subsequently died from head injuries – No intent to cause GBH – Minor drug offences taken into account Difficult and violent childhood – Slim prospects of rehabilitation – Personality disorders – ADHD – partially deaf – no remorse
JD NSWSC [128] Levine J 25.2.2005	VG (murder trial) AR	Nil	5y 3m NPP 3y (concurrent sentence for robbery)		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
MD (17) NA BM (16) JT (17) NSWSC [344] G James J 12.4.2005	PG Mansl Stealing PG Mansl PG Mansl Assault PG Mansl Assault	Nil	5y 9m NPP 3y 9m 4y 6m NPP 2y 4y NPP 2y 4y 3m NPP 2y 9m		Victim and companion set upon by group of youths at park – Action of MD forced victim into power pole head first – unclear if pushed or retreating – NA punched and kicked victim on ground – JT one kick to victim on ground – BM assisted by assaulting companion and preventing assistance – brutal and cowardly attack with no provocation – objective gravity very high – MD stole phone from victim All show contrition and evidence of rehabilitation
Bugmy (20; 22 at sentence) NMB (15; 17 at sentence) NSWSC [561] 10.6.2005 Grove J	PG PG Sched Larceny	Minimal; breach of GBB Some; breach of conditional liberty	7y 6m NPP 5y 6y NPP 4y		D in a relationship with offenders’ aunt – drunken party – after many hours of drinking, offenders observed kicking D to death – offence possibly in response to D swearing at his partner, but not amounting to provocation – 25% discount for early PG Bugmy – Aboriginal – local darts champion – 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 from 7 y o > daily alcohol/marijuana use – dysfunctional alcoholic/DV background – only learned to read in custody
Taber (27) Styman (37) NSWSC [1292] Studdert J 15.12.2005 Co-offender: STYMAN	VG Mansl Agg rob	Nil relevant Of little sign	Manslaughter 18y NPP 13y 6m Agg Rob 10y Total 19y NPP 14y 6m		Three offenders broke into home of 70y female – victim tied up, gagged and left with pillowcase over head – stole $23.300 - 000 call not acted upon – victim died after 9 days – carefully planned offence – “most grave crime of manslaughter” Protective custody – No remorse – Low prospects of rehabilitation
Hamshere NSWSC [1319] Hall J 15.12.2005	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
Clare (35) NSWSC [812] Grove J 11.8.2006	VG Mansl PG s.66A	Record for sexual offences against children	25y NPP 18y 9m (cumulative on existing sentence) FT 14y for sexual offence		Babysitting 3y boy victim – sexual penetration of V- V vomited and choked – Applied electrical wires in attempt to revive V – worst case category Self confessed paedophile - Serving sentence for sexual assault of V’s 6y sister.
Jukes (20) NSWSC [1065] Hoeben J 13.10.2006	PG	Nil	2y NPP 12m suspended		Female – stabbed mother’s boyfriend during confrontation in kitchen – instinctive act – single stab wound – low range culpability Unfortunate background – mother to 5 children – youngest child disabled – immediate remorse – 90d PSC – 2y 6m rigorous reporting
Clay (19) Lonsdale (24) NSWSC [1220] Buddin J 17.11.2006	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
KT (16) NSWSC [83] Johnson J 16.2.2007	PG	Nil	6y NPP 4y		Out driving with friend throwing eggs at strangers on street – victim became agitated at conduct and threw can at car – confrontation resulted in single fatal punch to head – victim small Sudanese man with limited English Borderline intellectual ability – remorse
Rowe (26) NSWSC [300] Howie J 5.4.2007	VG at murder trial	Drugs and dishonesty	5y 6m NPP 3y		Mother killed 7m son by ingestion of methadone – struggling to cope with crying baby – sought to settle – distraught at death Disturbed childhood resulting in early drug addiction – onerous custodial conditions
Mundene (19) NSWSC [355] Howie J 19.4.2007	PG	Dishonesty – breached parole	6y 9m NPP 3y 9m (cumulative to revoked parole)		Male killed de facto’s 7m son by shaking – isolated anger against crying child – warned he could injure child – breach of trust Aboriginal with disrupted background – drug abuse – immaturity - remorse
Leach (23) NSWSC [429] Hulme J 27.4.2007	PG Sched: 2 x AOABH	Nil	7y 6m NPP 4y 6m		Father killed 7w daughter by asphyxiation – sat on unsettled daughter to stop her crying – assault offences constituted by hitting child on head with hand Intellectually disabled – depressive disorder – frustrated at inability to settle child – good character – remorse – excellent prospects of rehabilitation
LAL (14) PN (14) NSWSC [445] McClellan CJ at CL 4.5.2007	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
Cavanough (22) NSWSC [561] Whealy J 7.6.2007	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
Stephenson (43) NSWSC [672] Hidden J 29.6.2007	PG	Minor	6y NPP 3y 6m		During verbal argument punched female partner to head with closed fist several times – spontaneous offences – both victim and offender consumed drugs and alcohol during evening Volatile and obsessive relationship – drug and alcohol abuse – offence out of character – prospects of rehabilitation - remorse
Ferguson (45) NSWSC [949] Grove J 27.8.2007	PG	Nil relevant	5y 3m NPP 4y		Fatal assault on de facto wife during physical argument – arguing for several days over victim’s abuse of prescription drugs – drug abuse made victim more vulnerable to physical assault Good character – very good prospects of rehabilitation – genuine remorse
Taufahema (25) NSWSC [959] Grove J 31.8.2007	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	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	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
Thurlow (20) NSWSC [1203] Mathews AJ 26.10.2007	PG Mans Att pervert course of justice Sched: Att pervert course of justice	Record – mostly subsequent to offence	6y 9m NPP 4y 3m		Female - Pushed 16w daughter of de facto into futon bed – head hit wooden armrest – frustrated at crying – asked cell mate to confess to killing over 2 months – attempted to have de facto lie about offence Traumatic childhood resulting in early drug addiction - remorse
Wheatley (45) NSWSC [1182] Bell J 30.10.2007	PG	Minor	3y 9m NPP 2y		Pushed 83y male stranger onto street – hit by oncoming traffic – no intent to hurt or push into traffic – loutish behaviour – ‘spontaneous outburst of low level violence which had catastrophic consequences’ – intoxicated – angered by earlier unrelated confrontation with male Suffering chronic schizophrenic illness
Lu (32) NSWSC [1259] Price J 9.11.2007	PG	Lengthy – breached bond	9y 4m NPP 6y 2m		One month before offence had violent confrontation with victim – on day of offence saw V walking down street - collected co-offender – chased V with iron bar – struck mother of V then punched V in face – co-offender fatally stabbed V – unaware co-offender armed with knife - intended only to assault – co-offender acquitted at murder trial Vietnamese with traumatic background
Kaiser (34) Hunt (19) NSWSC [1362] Barr J 29.11.2007	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
Bashford (24) NSWSC [1380] Rothman J 30.11.2007	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
CK (15) TS (15) NSWSC [1424] Latham J 7.12.2007	PG PG	Priors – breached bond nil	6y NPP 4y 6y NPP 3y 6m		17y walking down main street of town late at night – headbutted by CK – punched to head by TS – unprovoked attack – died of subarachnoid haemorrhage Drug and alcohol abuse – difficult childhoods
Harris (53) NSWSC [1417] Bell J 13.12.2007	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
York (31) NSWSC [1470] Adams J 14.12.2007	PG		5y NPP 3y		Stabbed male during argument with neighbours in caravan park – element of self defence – impulsive offence – holding knife in hand because using it as eating utensil – low culpability Good character – prospects of rehabilitation – citizen of UK
Compton (30) NSWSC [204] Studdert AJ 7.3.2008	PG	Lengthy – assaults on de facto partners	10y NPP 6y 9m		Assaulted 17m daughter of de facto – punched victim in stomach and to head – failed to tell mother or obtain medical care – child died next morning – coming down from amphetamines – angry at inability to obtain more drugs – lied to police Intellectual disability
Smith NSWSC [201] Hulme J 7.2.2008	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	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
APT (17) NSWSC [302] Studdert AJ 4.4.2008	VG at murder trial	Nil	8y NPP 5y 6m		Involved in brutal assault on young male outside service station – lesser offender – kicked V on ground Remorse – Good prospects of rehabilitation Co-offender Willmot dealt with for murder.
Ibrahim (27) NSWSC [268] Price J 21.4.2008	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 – premeditated offence – joint criminal enterprise Difficult childhood
Hopley (35) NSW CCA [105] 15.5.2008	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
Sin (20) NSWSC [621] McClellan CJ at CL 20.6.2008	PG	Driving offences and involvement in brawl	10y 6m NPP 7y		Fight outside shopping centre between Lebanese and Asian groups – Appellant stabbed male in side with cheese knife – no intent to inflict deep wounds Genuine remorse – Cambodian – Prospects of rehabilitation
Kennedy (40) NSWSC [703] Fullerton J 11.7.2008	VG at murder trial	Minor	6y NPP 4y		Trivial argument with flatmate – truck 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
KR (25) PR (21) NSWSC [970] Price J 19.9.2008 Co-offender IBRAHIM	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
Carroll (20) NSW CCA [218] 19.9.2008	PG	Nil	3y NPP 18m PD		Pleaded guilty. Altercation outside hotel between Victim and offender’s group of friends – V made idle threat to kill – Offender headbutted V who fell back onto road – died ten days later – V heavily intoxicated Excellent prior character – Depression resulting from offence – genuine understanding of consequences of act – excellent prospects of rehabilitation
Kari (19) H (16) NSWSC [993] Hidden J 23.9.2008	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
Horan (20) NSWSC [990] Studdert AJ 18.9.2008	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
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.
Stewart (30) NSWSC [1359] Mathews AJ 16.12.2008	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	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
Jackson NSWSC [168] Howie J 27.3.2009	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	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
Munter (36) NSWSC [158] Howie J 9.4.2009	PG	Minor driving offence	3y 3m NPP 18m		Abused 66y male stranger watering lawn – believed breaching water restrictions – heated exchange – punched victim to head – pushed victim over and kicked in mid-section – minor assault – V died of cardiac arrest – diseased heart exacerbated by assault True remorse – suffering chronic permanent back pain at time of offence – pain to affect custodial conditions
Seelin (37) NSW CCA Fullerton J 17.4.2006	PG Mansl Possess unath firearm	Nil	7y 2m NPP 5y 4m (FT 2y 6m Concurrent)		Shot male neighbour attempting to force entry into house – Friendly relationship soured over time – V assaulted offender and made threats against family – Offender kept loaded revolver in house with young children for some time before shooting – probably kept for protection – legitimate fear – on day of shooting approached V with loaded firearm concealed – V later approached offender outside house and repeated threats – pursued offender into house and damaged screen door – Offender fired one shot through screen door – element of self defence and defence of young children in house Prior good character – offence out of character – sound prospects of rehabilitation – mild chronic depressive illness
Boxx (19) NSWSC [298] Studdert AJ 21.4.2009 Co-offenders: HORAN CHARMAN	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
Mills (40) NSWSC [521] Howie J 11.6.2009	PG	Old assault offences – more recent minor offences	7y 3m NPP 4y 6m		Stabbed 44y male acquaintance during argument in kitchen of mutual friend – one stab to chest – intoxicated and under influence of drugs Genuine remorse