NAME | DATE | PLEA | SENTENCE | APPEAL | RECORD | HOW KILLED | INVOLVEMENT & SUMMARY |
McCABE
(19) | NSWSC
Abadee J
14.12.1990
NSW CCA
14.10.1991 | PG | MT 15y
AT 5y | AA
MT 9y
AT 7y | minor | stabbed | Repeatedly stabbed elderly neighbour while attempting to rob.
Mother of young baby. |
MORGAN
(17y 3m)
MIHAILOVIC
(18y 5m)
HOWARD
(18y 2m) | NSWSC
B- Parker J
15.4.1991
NSWSC
B- Parker J
30.8.1991 | VG | MT 10y
AT 8y
MT 10y
AT 8y
MT 8y
AT 5y | AD
(1992) 29 NSWLR 242 | nil
nil
minor | assaulted
intent to do GBH / joint enterprise to assault | Gang homosexual bashing. V lured to toilet and attacked - beating and kicking.
H some assistance to police. |
PHILLIPS
(18) | NSWSC
Mathews J
21.5.1991
NSW CCA
14.11.1991 | VG | MT 15y
AT 9y | AD | nil | stabbed
intent to kill | Stabbed neighbour’s wife in front of 2 young children - DR rejected.
Psychiatric condition. |
WEBSTER
(18) | NSW CCA
15.7.1991 | PG | MT 14y
AT 6y | AD | nil | assaulted | Choked and crushed head with rock when 14y female resisted attempt at rape at party. Intoxicated. |
MILES
(18) | NSWSC
Mathews J 23.3.1992
NSW CCA
28.3.1995 | VG | MT 12y 6m
AT 5y 6m | Conviction AD | nil | stabbed | Crime of passion against ex-girlfriend. Diminished responsibility rejected. |
KNOWLSON
(18y 9m)
PERKINS
(18y 3m) | NSWSC
Enderby J
21.5.1992 | PG
PG | MT 12y
AT 6y
MT 8y
AT 7y |  | prior offences
brain damage from petrol sniffing and intellectual disability | strangled / stabbed
intent to kill | Premeditated killing of old man. K dominant of two. |
SHARPE
(19) | NSWSC
Wood J 10.9.1992 | PG | MT 10y
AT 8y | | minor - disregarded | assaulted and strangled
intent GBH | Went to aunt’s home in early hours of morning to sexually assault her - struck her with poker and strangled with cord. |
DAVISON
(19) | NSWSC
Wood J
11.9.1992 | PG | MT 13y 5m
AT 7y | | nil | strangled / stabbed | Killed girlfriend – V bashed, with fractures to head, & set alight when dead. |
GILL
(18) | NSWSC
Mathews J
9.2.1993 | VG | MT 10y 6m
AT 6y 6m | | very minor | assaulted
reckless indifference | Affected by liquor. Assaulted girlfriend then kicked 27m old stepson, picked him up by ankles and threw to ground. |
CATON
(18)
McDONALD
(19) | NSWSC
Levine J
12.3.1993
NSWSC
Levine J
12.3.1993
NSW CCA
18.8.1994 | VG
Murder
PG
Rob in Co
PG | MT 10y
AT 5y
MT 18y
AT 6y | AA
MT 15y
AT 7y | minor
no violence but lengthy dishonesty. | shot
common purpose robbery
intent to kill | Intending to steal taxi told driver to get out and run - shot to prevent identification. |
O’BRIEN
(19) | NSW CCA
10.6.1993 | PG | MT 10y
AT 6y | Crown AA
MT 12y
AT 6y | BES, steal, AOABH,
mal damage | shot | Felony murder - entered bedroom with loaded rifle and shot V when challenged.
Crown appealed because withdrew offer to give evidence against co-offender. |
MOORE
(19) | NSWSC
Wood J 5.8.1993
NSW CCA
21.6.1995 | VG | MT 10y
AT 5y | Conviction AD | minor | stabbed | Drunken fight between old friends. V stabbed 6 times. A called ambulance, claimed self defence |
CAMPBELL
(20) | NSWSC
Abadee J
3.9.1993 | VG | MT 5y 7m
AT 4y | | lengthy: property offences, ass & rob | assaulted | V bashed with punches, kicks and striking V’s head with brick. V’s body weighted down with bricks and thrown into river. Group involved. |
DAVIS
(18y 3d)
WIGGINS
(24) | NSWSC
Campbell J
28.10.1993 | PG
PG | MT 13y
AT 7y
MT 15y
AT 6y | | mainly dishonesty
mainly dishonesty | shot
intent to kill | V lured to isolated area & shot because offenders believed he was ripping them off over drug crop they all involved in. |
HUNGERFORD
(20) | NSW CCA
15.12.1993 | PG | MT 18y
AT 6y | AD
(top of range) | nil of consequence | assaulted | Abducted and sexually assaulted 49y woman - bashed skull with piece of concrete. |
PILLER
(20)
KRAMER
(23) | NSWSC
Dowd J
6.7.1995
NSWSC
Dowd J
29.11.1995 | VG
PG | MT 13y
AT 5y
MT 11y
AT 4y | | Nil
Assault, dishonesty as a juvenile | Shot
Felony murder | Shooting of Pizza Hut employee during armed robbery – K waited in car – Shot gun used |
GAC
(15)
JOHNSON
(18) | NSWSC
Ireland J
24.4.1996
NSW CCA
1.4.1997
NSWSC
Ireland J
24.4.1996 | VG
Murder
Rob with wounding | MT 6y
AT 4y
MT 8y
AT 4y | Conviction AD | record | assaulted
felony murder / common purpose | Group of young persons assaulted elderly vagrant in park. |
GLASBY
(20) | NSWSC
Sully J
11.11.1997 | PG | MT 9y
AT 3y | | minor | shot
intent kill | Female - Lured V away on pretence of sex. V shot by dominating husband to fulfil contract killing. |
SPEDDING
(20) | NSW CCA
11.12.1997 | VG
Murder
2 x conceal dead body | MT 11y
AT 4y | AD | | shot | Group of four travelling / living together. During argument shot V. Buried body in the bush. |
GRAFF
(20)
LEAITUAALESI
(19)
RT
(17) | NSWSC
Barr J
25.9.1998
NSW CCA [3]
30.1.2001
NSWSC
Barr J
25.9.1998
NSWSC
Barr J
25.9.1998 | PG
Murder
Rob in Co
Sched:
AOABH
Mal inflict gbh
PG
Murder
Rob in Co
PG
Murder
Rob in Co | MT 18y
AT 5y
MT 10y
AT 6y
MT 11y
AT 6y | AD | minor record - on bail at time of offending
no significant history | assaulted | Punched and kicked taxi driver in the head and body. Stripped and whipped him with his belt. Drove off in taxi. No reason for attack. Equal culpability.
Robbery of taxi driver nine days earlier. Took taxi and money.
G: History of alcohol, violence, low intellectual functioning. Considered leader of group.
L: Difficult background, previously stabbed. Alcohol addiction, low intellectual functioning and depression lessen criminal responsibility. |
HEARNE
(19) | NSWSC
Wood CJ at CL [605]
4.6.1999
(2001) 124 A Crim R 451
NSW CCA [37]
28.2.2001 | PG
Murder
Mal wound W/I to do GBH | MT 20y
AT 7y | AA
21y
NPP 16y | insignificant | stabbed
intent to do GBH | Stabbed two off-duty police after offering them illegal drugs and they asked for identification. Seeking to prevent apprehension. Impulsive - not aware police officers.
Remorse - surrendered self to police - youth. |
COX
(18) | NSW CCA [246]
30.8.1999 | PG | MT 11y
AT 5y | AA
MT 9y 6m
AT 4y 6m | nil | stabbed
intent GBH | Female - Stabbed 14y girl over money owed.
Good character, rehabilitation, special circumstances. |
GIRI
(19)
KARKI
(20) | (1999) 109 A Crim R 499
Studdert J [1269]
21.12.1999
NSW CCA [197]
12.6.2001
(2001) 121 A Crim R 568
(1999) 109 A Crim R 499
Studdert J [1269]
21.12.1999
NSW CCA [67]
12.6.2001 | VG
VG | MT 12y
AT 5y
MT 12y
AT 5y | Conviction AD
Conviction AD | nil
nil | assaulted | Nepalese males assaulted intoxicated 27y male outside nightclub. Culmination of confrontations and arguments during evening.
Genuine remorse, offence out of character, good prospects of rehabilitation. |
BOWHAY
(18) | (2000) 111 A Crim R 271
NSW CCA [54]
14.3.2000 | VG | MT 16y
AT 7y | AD | custody | assaulted and stabbed
intent kill | Met V in hotel earlier in evening. Lured V to park then strangled, stabbed and assaulted him. Saw V as easy target for aggression - decided to have fun at V’s expense.
Youth, intoxicated, deprived childhood. |
HODGE
(18 at time of offence – 31 at time of sentence) | NSWSC
Dunford J [897]
6.9.2000
NSW CCA [10]
15.2.2002 | VG | 15y
NPP 7y | Conviction AD | minor record subsequent to offence | mallet
intent GBH | Picked up hitch-hiking late at night and accompanied V home for drinks. Bashed V to death with mallet when woken up by homosexual advances.
Contrition; married with young family; established successful life |
VALERA
(19) | NSWSC
Studdert J [1220]
21.12.2000
NSW CCA [50]
12.4.2002 | VG
2 x murder | Life | AD | nil | assault / strangled
intent kill | Bashed to death 59y male in own home then mutilated body. Random killing. Two weeks later bashed and strangled 68y male in own home and mutilated body. Nothing to mitigate killing.
Physically and verbally abused by father throughout childhood - mother left home when offender aged 3. |
GOSLING
(18) | NSWSC [850]
Howie J
28.9.2001
NSW CCA [351]
29.8.2002 | VG | 16y
NPP 12y | Conviction AD | on bond for assault on father | shooting
intent to cause gbh | Shot dead V during attack with three co-offenders as pay back for alleged insulting behaviour of V towards mother of one offender.
Culpability somewhat reduced by mental disorder. Manipulated by son of woman allegedly insulted.
Admitted killing. |
HOLMES
(21)
RATU
(18) | NSWSC [1183]
Levine J
18.12.2001
NSW CCA [258]
11.9.2003 | PG
PG | 16y
NPP 12y
16y
NPP 12y | AD
AD | nil relevant
nil relevant | assault
intent to do gbh | Taxi driving attacked after attempting to prevent offenders running off - kicked, punched and stomped for over 10 minutes.
Genuine contrition and remorse- good prospects of rehabilitation |
EZOLD
(19)
Co-accused: FARRELL | NSWSC [129]
Barr J
20.2.2002 | VG | 16y
NPP 12y | | nil | bashing and drowning
intent to kill | Involved in group assault on male acquaintance - Led group to place of assault and struck first blow with bottle - V drowned by co-offender - Planned offence - Under strong and brutal influence of co-offender
Genuine remorse - Evidence of rehabilitation |
HAMZY
(19) | NSWSC [128]
Bell J
15.3.2002
NSW CCA [243]
23.7.2004 | VG
Murder
Mal wound w/i GBH
Mal discharge weapon w/i
Threaten to use weapon
Conspiracy to murder
Sched:
2 x poss illegal firearm
Consp to pervert justice | Murder:
21y
NPP 15y 9m
Total:
27y 9m
NPP 21y 9m | AD | Sentence imposed partially cumulative to sentence for unrelated drug offences committed between commission of murder and arrest | shooting
intent to kill | Fired at group of men involved in disturbance outside nightclub - Deliberately fired while victim on ground - No premeditation but went to nightclub armed with gun - Shot at other men and pointed weapon at police attempting to apprehend - Left country - Upon return refused bail - While in custody attempted to arrange murder of Crown witness.
Disturbed childhood - Exposed to serious criminal activity of father at early age - Heavy drug use - Totality |
FARRELL
(19)
Co-accused: EZOLD | NSWSC [375]
Barr J
2.5.2002 | VG | 18y
NPP 13y 6m | | no relevant criminal history | assault
intent to kill | With co-offenders bashed to death V on deserted beach. Group of homeless young people who had made “pact” to kill V. Had consumed alcohol and LSD. Premeditated
Deprived background. |
CHAN
(19) | NSWSC [544]
Ireland AJ
20.6.2002 | VG | 14y
NPP 9y | | nil | shooting | Shot service station operator in chest after V had verbal exchange with offender’s friend – s23A defence rejected
Suffering Tourette’s syndrome, obsessive compulsive disorder and schizophrenic psychosis - also aggressive and given to acting impulsively and recklessly - capacity to control self substantially impaired but not so as to reduced offence to manslaughter
Native of Hong Kong - Family support - Delay - Prospects of rehabilitation |
SJB
(15)
MCLEAN
(18) | NSWSC [1042]
Wood CJ at CL
6.11.2002 | PG
PG
Murder
Take and drive conveyance | 15y
NPP 10y
19y
NPP 13y | | nil
no violence | stabbing
intent to kill | McL angered by sexual interlude between SJB and victim - Agreed to stab V - Multiple stab wounds in car - Equal involvement in killing
Both suffered limited intellectual resources, impulsiveness and ADHD - Offence out of character - Offenders involved in destructive relationship |
P PHAM
(18)
V PHAM
(20)
NGUYEN
(17)
Co-offender:
TRAN | 13.1.2003
NSWSC [1261]
Sully J
NSW CCA [190] 16.7.2004 | VG
VG
VG | 16y
NPP 11y
20y
NPP 14y
17y 38w
NPP 11y 38w
(partially cumulative to existing sentence)
Total:
31y
NPP 25y | Conviction AA
(Vu Ngoc Pham only) | record unclear but not significant
nothing relevant
appalling record for violence - includes murder and manslaughter committed around same time, subsequent murder in gaol | shooting
intent to kill | 1996 execution in context of gang involvement - Victim taken to oval by offenders at night and shot four times by Tran
PP - Vietnamese - difficult childhood - refugee - drugs - need for psychiatric care - important co-operation with police
VP - Vietnamese - Brother of PP - Difficult childhood - Less culpable than PP but no co-operation with police
N - Traumatised childhood - Serious depression - Equal culpability to VP – Serving sentences for:
Murder: 29.10.1998 Kirby J
Manslaughter: 20.11.1998 Kirby J
Murder: 15.12.2000 Whealy J |
WILSON
(18) | NSWSC [597]
Simpson J
7.7.2004
NSW CCA [112]
29.4.2005 | PG | 12y
NPP 8y | Crown AA
15y
NPP 11y | Nil | Stabbing
Intent GBH | Stabbed taxi driver in remote area during argument over fare – No premeditated intent to rob – Burned taxi and stole money
Originally found unfit to plead and sentenced after special hearing – Dysfunctional childhood – Low intelligence and depression – Successful efforts at rehabilitation
On appeal: head sentence manifestly inadequate - GD in relation to killing taxi drivers |
gonzales
(20) | NSWSC [822]
James J
17.9.2004 | VG
3 x Murder | Life | | Nil | Stabbing - striking and strangling one victim
Intent to kill | Stabbed father, mother and 18y sister in their home - made it look like racially motivated attack – premeditated – tried to poison mother 10 days before murder
False alibi – no mitigation of objective seriousness of offence – no contrition – risk of dangerousness |
VANN
(20) | NSWSC [988]
Dunford J
28.10.2004 | PG
Murder
Assault
Poss loaded firerarm | 19y
NPP 14y 3m | | Possess knife in public place | Shooting
Intent to kill | Shot 16y male stranger with SKS rifle during fight outside cinema – Called to cinema to assist |
O’CONNELL
(18) | NSWSC [1120]
Davidson AJ
19.11.2004 | PG | 35y
NPP 25y | | Juvenile record for serious crimes of violence | 49 injuries, inc 10 stab wounds
intent to kill | Killed 15y girl with whom he was having casual relationship – horrific wounds – violent sexual proclivities – disposed of body in nearby garbage bin – deliberately attempted to divert suspicion
Victim of abuse by stepfathers – drug and alcohol problems – dyslexia/ADHD – remorse – youth – 20% discount for plea – but for youth and plea, life sentence would have been imposed – limited protective custody |
DEHAYBI
(20) | NSWSC [128]
Levine J
25.2.2005 | VG
Murder
s.33
AR | Murder:
24y
NPP 18y
Total:
26y
NPP 20y | | Breached bond for dishonesty offences | Stabbed
Intent to GBH | With brother pre-planned armed robbery of family attempting to sell engagement ring – during struggle fatally stabbed adult son and stabbed father in chest |
EM
(19) | NSWSC [212]
James J
23.3.2005 | VG:
Murder
s 97(2)
s 93G(1)(c)
PG
5 x s 97(2) | Murder:
25y
NPP 16y
Total:
36y
NPP 27y | | Driving offences | Shot
Constructive murder | Home invasion with co-offender and guns – 5 occupants forced to lie on floor – V shot and killed in struggle – V’s wife shot in thumb – 10 days later, similar offence with 2 co-offenders - robbery completed and 5 occupants left tied up in house
Cambodian – polysubstance abuse – mood disorder |
WEIGHTMAN
(20) | NSWSC [1354]
Hidden J
23.12.2005 | VG
2 x Murder | 28y
NPP 22y | | Minor | Asphyxiation
Intent to kill | Killed adoptive parents for financial reasons – Planned killing with co-offender – victims sedated in own home and smothered – bodies placed in car crash scene – co-offender killed mother – assisted in killing of father
Early staged of mental illness at time of offences – influenced by drugs and co-offender – favourable prospects of rehabilitation |
HOHAIA
(18)
ABDULKADER
(21) | NSWSC [866]
Kirby J
5.9.2006 | VG
Murder
Rob in Co
AOABH
VG
Murder
Rob in Co | Murder
24y
NPP 18y
(concurrent sentences)
Murder
21y
NPP 15y 9m
(concurrent sentences) | | Priors – no violence
Significant record | Assault
Intent to do GBH | Offence committed after 1.2.2003
Sustained assault on male acquaintance – robbed him of mobile phone and wallet – no clear motive
H – principal offender – disrupted childhood with early drug abuse
A – lesser offender but still struck victim – early drug abuse |
NGUYEN
(20) | NSWSC [389]
Whealy J
24.4.2007 | PG | 18y
NPP 13y 6m | | Criminal record for lesser offences – breached parole | Stabbing
Felony murder | Offence committed after 1.2.2003
Stabbed shop owner during attempted robbery of newsagency – repeated stabbing - below mid-range – spontaneous and unplanned killing
Long history of drug addiction |
HOURI
(19)
Co-offender:
A | NSWSC [615]
Buddin J
14.6.2007 | PG
Murder
Sched:
3 x BES | 18y
NPP 12y 6m | | Nil relevant | Stabbing
Felony murder / intent to inflict GBH | Offence committed after 1.2.2003
Stabbed console operator during armed robbery of service station – unprovoked attack on co-operating victim – use of weapon – in company – vulnerable victim – mid range offence
Troubled childhood with heavy drug and alcohol addiction – reasonable prospects of rehabilitation – serious physical disability resulting from shooting subsequent to offence - depression |
ZARO
(18) | NSWSC [756]
Howie J
13.7.2007 | VG | 22y
NPP 16y 6m | | Nil | Stabbing
Intent to kill | Offence committed after 1.2.2003
Stabbed male friend to death after evening of drinking and playing computer games – made younger friend watch deliberate killing – angered by perceived breakdown in relationship with girlfriend – intoxicated – above mid-range seriousness
Born in Iraq – no mental disorder – family support |
HARVEY
(18) | NSWSC [871]
Howie J
10.8.2007 | PG | 16y
NPP 10y | | Minor | Assault
Intent to inflict GBH | Offence committed after 1.2.2003
After evening of drinking assaulted male friend with piece of wood – fatal head injuries – no motive – suffering sever mental illness – paranoid schizophrenia – spontaneous offence – well below mid range
Long history of mental illness |
SHAMOUIL
(20)
Co-offenders:
AB
DAVID | NSWSC [24]
Hidden J
6.2.2009 | PG | 19y
NPP 14y 6m
(partially concurrent with existing sentences for attempt murder and drug supply) | | Attempted murder – breached bail – committed subsequent offence of supply comm. qty amphet | Shooting
Intent to inflict GBH | Offence committed after 1.2.2003
D arranged to meet V at service station to discuss argument with S’s female cousin – S shot V three times during argument – spontaneous offence – below mid-range
D and AB sentenced for accessory after the fact to murder
Assyrian – difficult childhood – carried gun as protection after exposure to violence - remorse |
BARRETT
(20)
Co-offender:
FORDHAM | NSWSC [338]
Mathews AJ
30.4.2009 | PG | 22y
NPP 16y | | Nil | Shooting
Intent to kill | Offence committed after 1.2.2003
Arranged murder of ex-partner – V became frustrated at offender’s lack of response and sent threatening SMS messages – disproportionate response to threats due to heavy cannabis consumption – meticulously planned killing with male friend – lured V interstate – multiple stab wounds inflicted by co-offender – both offenders inflicted final stab wound – instigator of plan – above mid-range
Abusive childhood – smoking marijuana by 12y – remorse – two young children |
