Public Defenders
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Murder: s.19A - Killing of Children by Parents

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


Standard non-parole period (offences on or after 1.2.2003)
Where the victim was a police officer, emergency services worker, correctional officer, judicial officer, health worker, teacher, community worker, or other public official, exercising public or community functions and the offence arose because of the victim’s occupation or voluntary work

      25 years
Where the victim was a child under 18 years of age
      25 years
Other cases
      20 years
NAME
DATE REF
PLEA
SENTENCE
APPEAL
SUMMARY OF RECORD
HOW KILLED
INVOLVEMENT & SUMMARY
GILL
(18)
NSWSC
Mathews J
9.2.1993
VGMT 10y 6m
AT 6y 6m
very minorassaulted

reckless indifference
Affected by liquor. Assaulted girlfriend then kicked 27m old stepson, picked him up by ankles and threw to ground.
JOHNSON
(21)
NSWSC
James J
15.8.1994
PGMT 8y
AT 5y
lengthy juvenileassaultedKilled 2y child of de facto. Extensive injuries. Remorse.
ASHFIELD
(25)
(female)




HUGHES
(20)
NSWSC
16.12.1994
B-Parker J

NSW CCA
27.2.1998

NSWSC
16.12.1994
B-Parker J.
PG






PG
MT 16y
AT 5y





MT 16y
AT 5y
AA
MT 14y
AT 5y
assaulted

intent GBH
Assault on 6y old son, death from head injuries. Extensive bruises to head & body. Head forced into wall, phone book on head & hit with hammer. Initially blamed gang then tried to shift major blame to other offender. Claimed V interfered with younger sister
GORMANNSWSC
B-Parker J
25.8.1995

NSW CCA
15.5.1997
VGMT 13y
AT 4y
Conviction ADAssault and alcohol and drug related offencesburnt from hot water

intent GBH
Deliberately placed de facto’s 18m old baby in hot water.
VELEVSKI
(29)
NSWSC
Dunford J
26.9.1997

NSW CCA [96]
10.5.1999

HCA [4]
14.2.2002
VG
4 x Murder
MT 19y
AT 6y
Conviction ADnil relevantcut throat

intent to kill
Cut throat of wife, 6y daughter and 3m twins - left them in bedroom - deliberate killings involving considerable degree of planning.
PARK
(30)
NSWSC
Sperling J
3.8.2000

NSW CCA [203]
23.7.2003

NSW CCA [142]
10.12.2003
VG
3 x Murder
26y
NPP 19y 6m
Conviction AD

Crown AD
suffocation

intent kill
Suffocated wife and two infant children and dumped bodies in bushland. Highly charged emotional state at time of killing.
Some remorse; admissions shortened trial; protective custody
CIKOSNSWSC
Dunford J [35]
9.2.2001
PG
3 x Murder
21y
NPP 15y 6m
nilsuffocation and assault

intent to kill
Killed de facto and sons aged 4 years and 18 months old. Passive man who endured months of aggression and abuse at hands of dominant de facto wife. Reacted to de facto’s ultimatum that he kill de facto’s friend by certain date.
Genuine remorse - 10-15% discount for guilty plea - strict protection
CHEATHAMNSWSC [580]
Grove J
6.7.2001

NSW CCA [360]
29.8.2002
VG
2 x Murder
1 x Wound w/i to murder
24y
NPP 16y
AA
22y
NPP 14y
stabbedStabbed wife and three year old daughter to death and attempted to stab baby to death - believed he was suffering from AIDS and had infected family.
Protective custody because worked in juvenile justice system. – Retrial after successful conviction appeal.
MERRITT
(30)
NSWSC [1159]
Greg James J
4.12.2002

NSW CCA [19]
3.3.2004
PG
3 x Murder
LifeAA
34y
NPP 27y
minor suffocation

intent to kill
Father killed his 3 children aged 11w, 11m and 6y on custody visit - No explanation for killing - Incomprehensible action - no evidence of mental disorder
Insufficient weight given to A’s depressive state – Sentence patterns show life not imposed in cases of parents murdering children.
FOLBIGG
(36)
NSWSC [895]
Barr J
24.10.2003
VG
Manslaughter
Intentionally inflict GBH
3 x Murder
Total
40y
NPP 30y
NilSuffocation

Intent to kill
Mother killed four babies over ten years – Suffocated each child in spontaneous burst of anger – Earlier attack on second child caused blindness
Seriously psychologically damages by early neglect and physical and sexual abuse – Protective custody
FRASER
(36)
NSWSC [53]
Howie J
13.2.2004
VG
3 x Murder
32y
NPP 27y
NilDrowningDrugged daughter and 2 sons with sleeping tablets then drowned them in bath – Daughter violently struggled – Revenge against estranged wife – Genuine attempt at suicide – Premeditated and planned offences
Severely mentally disturbed at time – History of mental illness – Protective custody
JALATY
(30-31)
NSWSC [675]
Grove J
30.6.2006
VG
Murder
Mal Admin noxious thing
Murder:
20y
NPP 15y

Mal Admin:
FT 5y
(concur)
Not relevantIngestion of methadone

Recklessness
Offence committed after 1.2.2003
Female dosed 3y daughter with methadone causing cardiac respiratory arrest – 3 months later dosed daughter again causing death – attempting to control behaviour and keep child asleep during liaison with male friend
Difficult life with rape, forced marriages and serious back injuries from car accident – acute loneliness – drug addiction from back injuries – protective custody – chronic back pain
F.A.P
(24)
NSWSC [905]
Howie J
17.8.2007
PG19y 6m
NPP 14y 6m
RecordAssaultOffence committed after 1.2.2003
Caused fatal head injury to 15m son – admitted abusing son physically over week preceding death – frustrated by victim’s crying and behaviour – unplanned offence – slightly below mid-range of seriousness
Aboriginal with deprived and troubled upbringing – immature and low intellectual ability
DN
(24)
NSWSC [1252]
Hidden J
9.11.2007
PG
Murder
Att murder
Murder:
20y
NPP 15y

Total
25y
NPP 20y
NilStabbingStabbingOffence committed after 1.2.2003
Stabbed partner in face – fatally stabbed 11y step son – no explanation for uncharacteristic attack or violent rage – suffering at time from intoxication, cannabis withdrawal and depression – offences above mid- range
Aboriginal with no history for violence – deep remorse
RHB
(25 at 1st offence
37 at 2nd offence
41 at sentence)
NSWSC [1466]
Hall J
17.12.2007
VG
Mansl
Murder
Murder
30y
NPP 20y

Total:
34y 6m
NPP 24y 6m
Minor – no violenceAssaultOffence committed after 1.2.2003
Killed 14m step son – traumatic injuries to head – circumstances of killing unclear – 12y later killed 2y son of sister in law – traumatic head injury – circumstances unclear – both children in care of offender – unlawful and dangerous act manslaughter
PJS
(33)
NSWSC [153]
Mathews AJ
13.3.2009
VG26y
NPP 20y
Lengthy record – breached bondsAssaultOffence committed after 1.2.2003
Severe assault of 3y step daughter left at home with offender and 9y sister when mother went to refuge – assaulted all over head and body – intoxicated – no recollection – position of trust – above mid-range
Violent childhood – protective custody – violent relationship with wife
WALSH
(69)
NSWSC [764]
McCallum J
7.8.2009
PG
3 x Murder
Att murder
2 x Murder
Life
Att Murder
16y
NPP 12y
Murder
20y
NPP 15y
NilAssault, stabbing and drowning

Intent to kill
Offence committed after 1.2.2003
Grandfather hit wife with hammer and stabbed her to death – drowned 5y granddaughter in bath – assaulted 7y grandson with hammer then drowned in bath – bodies placed in bed – killed dog – children in care of grandparents while mother at work – lied to school about children being ill – assaulted daughter with axe when she returned to house – brain and skull injuries – planning and premeditation – no explanation for killings – murder of children worst case – murder of wife mid-range – assault on daughter well above mid range
No mental illness
MEHTA
(42)
NSWSC [814]
Grove J
14.8.2009
PG
2 x Murder
Murder of wife
30y

Murder of Stepdaughter
Life
Assault on first wife – strangling and threat to killStrangulation

Intent to kill
Offence committed after 1.2.2003
Strangled wife during argument – verbal threats and physical assaults made previously – killing observed by 9y stepdaughter - killed step daughter to prevent her reporting killing to police – method of killing unclear – threw bodies over cliff in Blue Mountains – discovered by bushwalkers 4 weeks later – lied to police – had son assist in deception - killed wife for financial reasons
No evidence of remorse or rehabilitation
SW (No 3)
(34)
NSWSC [1043]
Hulme J
2.10.2009
VGLifeNilStarvation, neglect.SNPP 25 years applied
Mother of 7y daughter who died as a result of starvation and neglect – Daughter suffered developmental delay and autism – Left in bedroom in unhygienic conditions.
Worst case – drug use.
Father [BW] sentenced for manslaughter.
DENNIS
(19)
NSWSC [1357]
Barr AJ
4.12.2009
VG26y 8m
NPP 20y
NilAssault

Intent GBH
Offence committed after 1.2.2003
Assaulted 23m son of girlfriend while in his care – hit head with blunt instrument or forced head against wall – placed child back in cot – spontaneous offence – circumstances of offence unclear
Exemplary character – reasonable prospects of rehabilitation – protective custody
PFITZNER
(26)
NSWSC [1267]
RA Hulme J
9.12.2009
PG25y 6m
NPP 19y 2m
Breached suspended sentence for mal inflict GBH in company – other offencesAsphyxiation

Intent GBH
Offence committed after 1.2.2003
Mother mistreated, abused and assaulted 2y son over long period of time – Murdered victim by asphyxiation although actual method of killing unclear –wrapped body in plastic, placed in suitcase and threw in nearby pond – spontaneous offence giving in to anger and influenced by several factors and pressures – had declined to give up Dean to custody of mother or DOCS despite asking for help – aware victim about to be returned to lawful guardian - displayed appropriate parenting to two other children – slightly below mid range




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