NAME | DATE | PLEA | SENTENCE | APPEAL | RECORD | HOW KILLED | INVOLVEMENT & SUMMARY |
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. |
CALLEJA
(17) | NSWSC
Slattery AJ
19.7.1991 | VG
Murder
PG
Rob
2 x Obtain by deception | MT 15y
AT 5y |  | long record armed robbery, kidnapping | strangled
reckless indifference | Tied elderly lady up in house, took chequebook and withdrew money.
Escapee at time of offence. |
LOWE
(17y 4m) | NSW CCA
19.2.1992 | VG | MT 12y
AT 3y 7m | AA
MT 10y 3m
AT 5y 4m | nil | assaulted
intent to do GBH | Rammed head into pole. Not premeditated. Blamed others until after conviction. Vicious attack by large youth on smaller youth. |
MTD
(16y 8m)
S McAULIFFE
(17y 11m)
D McAULIFFE
(16y 10m) | NSWSC
Wood J
7.8.1992 | PG
Murder
Malicious wounding
VG
Murder Rob/wound
VG
Murder
Mal wound with intent to do GBH. | MT 11y
AT 8y
MT 12y
AT 8y
MT 12y
AT 8y | McAuliffe brothers:
CCA AD
(1993) 70 A Crim R 303
H.Ct Conviction AD
(1995) 69 ALJR 621 | lengthy, including assault
nil
nil | assaulted / drowned
Common criminal enterprise to assault | Attacked two men with intent to rob – one man assaulted with hammer, punching and kicking - one fell over the cliff. |
ZIDANSEK
(17y 11m) | NSW CCA
31.8.1992 | PG | MT 13y
AT 7y | AD | minor BES | assaulted
intent to do GBH | Sustained attack on tramp with pipe – victim set alight. |
VERNEY
(16) | NSW CCA
23.3.1993 | VG
2 x Murder | MT 13y
AT 7y | AD | minor | shot | Shot mother and baby sister. - claim of mercy killing. DR rejected. |
CRAIG
(16½) | NSWSC
Abadee J
14.4.1993 | VG murder
PG
Kidnap
Use weapon resist arrest | MT 7y 6m
AT 6y | | On bail and bond. Priors include. kidnap and possess offensive weapon | stabbed
intent GBH | Spur moment, affected by liquor - threatened girlfriend and stabbed male with knife when he sought to intervene - abducted pregnant girlfriend, used knife to resist arrest.
Earlier attempt to PG rejected |
FJD
(17y 1m) | NSWSC
Wood J
8.4.1994 | VG
(DR rejected) | MT 10y
AT 8y | | minor dishonesty, minor drug | stabbed
intent GBH | Female. Stabbed taxi driver in neck. Disturbed and under stress, angry, and had desire to strike out at others. |
GIESELMANN
(15)
SHERWOOD
(17) | NSWSC
Studdert J
3.11.1995
NSW CCA
12.11.1996
NSW CCA
13.7.1998
NSWSC
Studdert J
3.11.1995
NSW CCA
24.7.1998 | VG
VG | MT 12y 6m
AT 5y 6m
MT 12y 6m
AT 5y 6m | Conviction AD
Sentence AD
Conviction AD | Nil
assault and dishonesty | stabbed
intent kill | Stabbing of female youth worker at youth refuge. Robbery. Savage attack: fourteen stab wounds. Although both involved equally in stabbing, G played a more primary role in planning.
G: tragic background left her with no “moral control” and “an uncaring attitude”. |
DAR
(16y 11m) | NSW CCA
8.11.1995 | VG | MT 9y
AT 6y | AD | | stabbed | Deliberate stabbing of another youth at dance party with a knife |
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. |
JB
(15y 11m)
RJH
(17y 10m) | Hunt CJ at CL
20.11.1997
Hunt CJ at CL
25.11.1997
NSW CCA [93]
27.4.1999 | PG
PG | MT 11y
AT 5y
(20% assistance)
MT 12y
AT 6y | AD
AD | appalling, including violence
bad record, including violence | assaulted
felony murder | Cousins robbed commuter walking home from train station. Struck head with rock.
H regarded as less culpable. |
HAS
(17y 7m) | NSW CCA
13.8.1998 | PG | MT 12y
AT 5y | AA
MT 10y 6m
AT 6y 6m | nil | stabbed
intent kill | Stabbed and assaulted 69y acquaintance. No pre-meditation.
Aboriginal with deprived childhood. Suffering significant brain damage, alcohol abuse. Good rehabilitation. |
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. |
MHN
(17y 10m at offence – 20 at sentence)
Co-offender:
TNT | NSWSC
Kirby J
29.10.1998 | PG | MT 16y
AT 6y | | Breached probation for AOABH – subsequent offences for violence | Cut throat with knife
Intent kill | Part of group of four youths who took 17y male acquaintance to park area and assaulted causing serious injury –strangled, stabbed and throat cut – body dumped at building site – brutal crime – seeking to eliminate witness to earlier offence
Vietnamese – suffering depression – Evidence of explosive temper |
HOOKER
(17) | NSWSC
Barr J [896]
2.9.1999 | PG
Murder
2 x Rob with violence | Murder:
MT 7y
AT 6y
Total:
MT 10y
AT 6y | | drug related offences | stabbed | Went to flat to purchase heroin with six friends. V stabbed in chest three times with knife found at flat.
Prospects of rehabilitation. |
ROBINSON
(17) | NSWSC
Adams J [972]
19.10.2000
NSW CCA [359]
25.9.2002 | PG | 45y
NPP 35y | AA
45y
NPP 27y | | bowling pin
intent kill | Accompanied stranger home with intention to at least assault and rob. Bashed V then stabbed and mutilated body. Boasted of killing to friends.
Extremely dangerous and disturbed person. |
KANE
(16 at time of offence; 26 at time of sentence) | NSWSC
Barr J [1061]
17.11.2000
NSW CCA [150]
3.5.2001 | VG | 10y 6m
NPP 8y 8m | Crown AD | minor | suffocated
intent kill | 1990: With co-offender bashed male school teacher in his home with baseball bat. V suffocated after being tied up with plastic bag taped over head. Believed co-offender had been raped by V.
Retrial - return to prison particularly stressful.
NSWSC [647] Sully J 2.7.1999 |
MCNELLEE
TUCKER
(33)
DALLEY
(16) | NSWSC
Bell J [1154]
8.12.2000
(Appeal – Dalley only)
(2002) 132 A Crim R 169 | PG
VG
VG | 14y
NPP 10y 6m
13y
NPP 9y
10y
NPP 6y | Conviction AD | minor
nil
nil | stabbed
common purpose robbery | Offenders involved in common purpose to rob victim of cannabis while armed with knives, mattock handle and machete. Victim stabbed 21 times by fourth offender.
All offenders played subsidiary role; good prospects of rehabilitation. |
O’GRADY
(16y 9m) | NSWSC
Hulme J [1235]
21.12.2000 | VG | 15y
NPP 10y | | no significant record | shot | Led 15y male acquaintance into bush area and shot with rifle and silencer 9 times. Voluntarily surrendered to police. No rational explanation for offence.
Displayed genuine remorse and shame - long history of drug abuse - desensitised to violence but no actual history of violence - impulsive - some degree of depersonalisation at time of offence - general deterrence limited value. |
PHUNG
(17) | NSWSC [357]
Wood CJ at CL
3.5.2001 | PG
Murder
s.97(2)
Sched:
2 x AR in Co
Possess unauth firearm | Murder:
13y
NPP 8y
Total:
14y
NPP 9y | | some prior and subsequent offences | Shot
felony murder | With co-offender robbed two males at entertainment arcade of various personal property - used .32 calibre weapon wrapped in towel. In subsequent robbery male shot in chest attempting to aid victim of robbery.
Deprived childhood resulting in living on streets and drug addiction at early age - no contact with any family. Good rehabilitation since custody. |
WHITFIELD
(17) | NSWSC [876]
Adams J
5.10.2001
NSW CCA [501]
24.12.2002 | VG | 20y
NPP 13y | Conviction and sentence AD | lengthy criminal record | stabbing
intent to do gbh | Went armed with knives to V’s house with three others to commit robbery. Stabbed V three times probably in panic to escape.
Disturbed and troubled childhood displaying early signs of behavioural difficulties.
Aboriginal. |
TRAN
(16 at time of offence
22 at time of sentence)
Co-offenders:
PHAM
NGUYEN | NSWSC [394]
Sully J
3.5.2002 | PG
Murder
Unlawfully imprison | 14y
NPP 9y | | no criminal history | shooting
intent to kill | Involved in gang - Agreed to shoot V for older friend - Took V to oval at night and shot him four times - Gangland killing - Degree of coercion and manipulation
Subsequently assaulted and moved interstate with girlfriend and baby daughter - established new life - 4 year delay - Excellent work record - Good prospects of rehabilitation - genuine remorse - Assistance - Protective custody |
TNT
(16 at time of offence
22 at time of sentence)
Co-offender:
MHN | NSWSC [537]
Hidden J
19.6.2002 | PG | 10y
NPP 6y
(cumulative to earlier sentence for murder)
Total:
23y 3m
NPP 14y 3m | | sentenced one month earlier for unconnected murder committed 8 days earlier:
Tran
NSWSC [394]
Sully J
2.5.2002 | stabbing
accessory | With 2 co-offenders took 18y victim from coffee shop to nearby street and assaulted him - V tied up in house then taken to garage - Further assaults committed in garage - V stabbed in throat by co-offender in absence of offender
Disturbed childhood - At time of killings involved in gang and under influence of co-offender - Drawn into serious life of crime - Subsequent to killings left gang and seriously assaulted - Moved interstate with pregnant girlfriend - Evidence of good character - Volunteered guilt - Assistance to authorities |
PHAM
(17) | NSW SC [567]
Hulme J
25.6.2002
NSW CCA [9]
4.2.2005 | VG | 25y
NPP 20y | AA
20y
NPP 16y | record not serious but displayed contempt for law | shooting | Shot drug dealer in car three times - Motive unclear - Not satisfied offender entered car with weapons - Satisfied offender and friend agreed to kill if circumstances warranted course - Cold-blooded execution of business associate |
NGUYEN
(17) | NSWSC [1160]
O’Keefe J
26.8.2002 | VG
Murder
PG
Mal wound
Affray | Murder:
16y 6m
NPP 11y
Total:
17y 6m
NPP 12y | | not relevant | stabbing
intent to do GBH | Gang attack on 2 victims outside amusement centre - Mistakenly believed V belonged to gang responsible for assault on friend - One V stabbed in shoulder - Second V stabbed in heart - Leader of attack
Remorse - Married with one child - Borderline intelligence - Good prospects of rehabilitation - Disturbed background |
SLD
(13y 10m) | NSWSC [758]
Wood CJ at CL
30.8.2002
NSW CCA [310]
31.10.2003
(2003) 58 NSWLR 589 | PG | 20y
NPP 10y | AD | | stabbing
intent to kill | Broke into neighbouring home at night and abducted 3y sleeping girl - Removed clothes and stabbed her in chest once - Discarded body in long grass - Misled police during inquiries - Callous and cold-blooded killing - Motive unclear
Seriously affected by background of upheaval, abuse and lack of emotional support, intellectual and speech disability and dysmorphic appearance - Sexually abused by half brother - Disturbed and problematic individual - History of aggressive and unacceptable behaviour - Significant level of future dangerousness, although difficult to assess at this stage |
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 |
MA
(17) | NSWSC [978]
Shaw J
31.10.2003
NSW CCA [92]
23.4.2004 | PG | 13y 6m
NPP 8y 6m | Crown AA
16y
NPP 11y | Nil | Shooting
Reckless indifference | During altercation with 18y male on street shot victim in chest at close range – Offence unplanned and unpremeditated |
MS
(17) | NSWSC [730]
Dunford J
13.8.2004 | VG | 17y
NPP 11y | | Lengthy record including common assault and mal wounding | Strangulation
Intent to kill | Killed 15y girlfriend by strangling her with shoelaces – Relationship marked by violence towards V
Aboriginal – Physically abused and dislocated throughout childhood – Alcohol and drug addiction – Good prospects of rehabilitation |
AB
(17; 19 at sentence)
(co-off Clifford convicted of manslaughter) | NSWSC [521]
31.5.2005
Adams J | PG to murder and GBH | Total: 14y
NPP 9y 6m | | Not stated | Shot | Argument initiated by C with a group of men walking down street; C’s friend AB came to his assistance, shooting two of them, one fatally (the other has suffered permanent injuries, including possible epilepsy) – intoxicated – impulsive act – 15% discount for PG – standard NPP does not apply
Some family support but also DV by father – Aboriginal though family does not identify as such – heavy D&A use from very early age, encouraged and facilitated by father – remorse – good prospects for rehabilitation – 20 month old daughter |
MAH
(17y 10m - 22 at sentence)
Co-offender:
JSK
NSWSC [470]
Buddin J
14.5.2004 | NSWSC [871]
Hislop J
30.8.2005 | VG | 22y
NPP 16y 6m | | 1 x neg driving | Assault | Fatal assault on 17y friend - principal - friend taken to remote area and body buried – pre-meditation
Good employment history – supportive family – denies all involvement |
D.NGUYEN
(22)
K.NGUYEN
(27)
M.HUYNH
(21)
ATCN
(16) | NSWSC [850]
Hulme J
11.8.2006 | VG
Murder
s.33
VG
Murder
s.33
VG
Murder
s.33
VG
Murder
s.33 | Murder
31y
NPP 23y
Total:
33y
NPP 25y
Murder
31y
NPP 23y
Total:
33y
NPP 25y
Murder
28y
NPP 21y
Total:
30y
NPP 23y
Murder
20y
NPP 15y
Total:
22y
NPP 17y | | drugs and driving offences
Violence
Firearm offences
Drug offence | Shooting
Intent to kill
Joint criminal enterprise | Offence committed after 1.2.2003
Four offenders entered Billiards Hall armed with gun and samurai sword – walked up to group partying and shot dead female and injured male – wrong victim – motivation unclear – cold-blooded execution – brazens offence – substantially above mid-range offence – equal culpability |
A
(16)
Co-offender:
HOURI | NSWSC [1035]
Buddin J
3.10.2006 | PG | 12y 8m
NPP 9y 6m | | Priors | Stabbing
Felony murder | Offence committed after 1.2.2003
Involved in armed robbery of service station – after robbery co-offender suddenly and without provocation stabbed operator four times
Remorse – prospects of rehabilitation – assistance – protective custody |
M.B.
(16) | NSWSC [1164]
Howie J
10.11.2006 | VG | 22y
NPP 15y 6m | | Nil | Assault with broken bottle
Intent to inflict GBH | Offence committed after 1.2.2003
Unprovoked confrontation on street between group of intoxicated youth and two intoxicated males – fist fight between offender and victim – stabbed V in neck with broken bottle – unplanned offence – Midrange seriousness
Born in PNG – positive evidence of rehabilitation |
SSA
(17)
Co-offender:
SIOSE (manslaughter) | NSWSC [1202]
Hidden J
2.11.2007 | VG | 18y
NPP 13y | | Brief | Stabbing
Intent to GBH | Offence committed after 1.2.2003
Stabbed young stranger during fight in amusement arcade – in company – carrying knives for protection – single stab to chest – spontaneous offence
Disturbed childhood – Philippino – became involved in gang culture and early drug abuse – evidence of rehabilitation and remorse |
DL
(16) | NSWSC [1199]
Hulme J
14.11.2008 | VG | 22y
NPP 17y | | Nil | Stabbing
Not satisfied intent to kill | Offence committed after 1.2.2003 – SNPP 25years
Stabbed 15y school girl walking home from school 48 times – frenzied killing – no explanation for attack – irrational – premeditation not established – intent to kill not established – uncharacteristic – possible psychotic episode – little below mid-range
Suffering anxiety and depression – declined to discuss offence claiming innocence |
BH
(17) | NSWSC [358]
Hidden J
7.5.2009 | VG | 17y
NPP 13y | | Disturbing record – includes AR and Rob in Co – breached probation | Assault
Felony murder | Offence committed after 1.2.2003
Assaulted 23y homeless male with garden stake outside Town Hall – intended to rob V of poker winnings – below mid-range
Troubled childhood – sexual abuse – early substance abuse – remorse – gaining insight – reasonable prospects of rehabilitation |
