Murder - Accessorial Liability

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MurderAccessorial LiabilityMaximum Penalty: Life (s.19A (NSW) Crimes Act)Standard non-parole period (offences committed on or after 1.2.2003)20 years25 years - Where the victim was a police officer, emergency services worker, correctional officer, judicial officer, health worker, teacher, communityworker, or other public official, exercising public or community functions and the offence arose because of the victim’s occupation orvoluntary workStandard non-parole period (where conviction entered or plea of guilty made on or after 1.1.2008)25 years - Where the victim a child under 18 years of ageNAME(age if known)MORGAN(17y 3m)DATENSWSCB- Parker J15.4.1991MIHAILOVIC(18y 5m)HOWARD(18y 2m)NSWSCB- Parker J30.8.1991PLEAVGSENTENCEMT 10yAT 8yAPPEALAD(1992) 29NSWLR 242RECORDHOW KILLEDnilassaultMT 10yAT 8ynilintent GBH /joint enterpriseto assaultMT 8yAT 5yminorThis table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.INVOLVEMENT & SUMMARYGang homosexual bashing – victim lured to toiletand attacked - beating and kickingH some assistance to police.

NAME(age if known)MTD(16y 8m)S McAULIFFE(17y 11m)DATENSWSCWood J7.8.1992NSWCCA(1993) 70 ACrim R 303HCA(1995) 69ALJR 621D McAULIFFE(16y 994(McDonald)NSWCCA24.12.1993MT 11yAT 8yRECORDHOW KILLEDlengthy,including assaultassault /drowningcommoncriminalenterprise toassaultMT 12yAT 8yConviction ADnilMT 12yAT 8yConviction ADnilMT 16yAT 4yAAMT 14yAT 6yarmed robbery,on paroleMT 6yAT 2yMT 10yAT 5yCrown ADstealing, drivingdrugsminorINVOLVEMENT & SUMMARYAttacked two men with intent to rob at night in park– one man assaulted with hammer, punched andkick - one fell over the cliff in attempt to escapeRob/woundMal wound w/iGBHVGVGNSWSCLevine 0.1992SENTENCEVGMurderdrowning burnt carcontainingbodyFight in pub and behind yacht club - drownedvictim then placed body in car and burnt carS dealt with as principle in second degreeshootingIntending to steal taxi told driver to get out and run- shot to prevent identification.commonpurposerobberyPGRob in CoPGMT 18yAT 6yPGMT 20yAT 6yVGMurderMT 18yAT 6yAAMT 15yAT 7yADno violence butlengthydishonesty.Armed robberyin Malaysiaintent killshootingNils.90AThis table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.Killing of Dr Chang – pulled over victim driving towork - Liew shot victim when he refused to givethem money

NAME(age if ATENSWSCHunt CJ at CL12.5.1994SENTENCEPGMurderLife2 x Aid and abetmurder25yNSWSCBlanch J27.5.1994VGMT 8yAT 4yNSWSCDowd J6.7.1995VGNSWSCDowd J29.11.1995NSWSCIreland d J24.4.1996APPEALRECORDminorshooting –pushed overcliffINVOLVEMENT & SUMMARYKilling spree - 3 men shot by offenders – siegefollowedintent to killstrangulationMT 13yAT 5yPGMT 11yAT 4yVGMurderMT 6yAT 4yNilAssault,dishonesty as ajuvenileConviction ADcommonpurposerobberyShootingfelony murder /commonpurposeMT 8yAT 4yDuring robbery of taxi driver co-offender strangledvictim with cord of handsetShooting of Pizza Hut employee during armedrobbery with shotgun – K waited in carFelony murderassaultRob withwoundingVGMurderHOW KILLEDrecordRob withwoundingThis table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.Group of young persons assaulted elderly vagrantin park.

NAME(age if known)JB(15y 11m)DATEHunt CJ at CL20.11.1997RJH(17y 10m)Hunt CJ at CL25.11.1997ADAM(33)[1999]NSWCCA 93[1999]NSWSC 144Wood CJ atCLD PRIVETT(27)(1999) 47NSWLR 267[1999]NSWCCA 197[1999]NSWSC 1076B-Parker AJM PRIVETT(29)(D Privett)[2001]NSWCCA 518MCNELLEE[2000]NSWSC 1154Bell JTUCKER(33)DALLEY(16)Co-offender:BREWER [2001](2002) 132 ACrim R 169[2002]NSWCCA 284(Dalley)PLEAPGPGVGSENTENCEMT 11yAT 5y(20% assistance)MT 12yAT 6yMT 21yAT 7yAPPEALADRECORDappalling,includingviolenceADbad record,includingviolenceADAOABHHOW KILLEDassaultINVOLVEMENT & SUMMARYfelony murderCousins robbed commuter walking home fromtrain station - struck head with rock.H less culpable.stabbing /assaultGroup bashing of off duty police officer outsidehotel.joint criminalenterpriseVGMT 14y 6mAT 3y 3mAA17y 9mNPP 13y 4mminorshootingMT 11yAT 3y 8mlong recordreflecting troublechildhoodPG(25%)14yNPP 10y 6mminorintent kill /commonpurpose orjoint criminalenterprisestabbingVG13yNPP 9ynilVG10yNPP 6yConviction ADcommonpurposerobberynilThis table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.Shot victim during robbery at property - nopremeditation - DP fired fatal shot at close rangeand greater culpabilityOffenders involved in common purpose to robvictim of cannabis while armed with knives,mattock handle and machete - victim stabbed 21times by fourth offender - all offenders playedsubsidiary roleGood prospects of rehabilitation.

NAME(age if known)HYLAND(27)DATE[2001]NSWSC 470Ireland AJPLEAVGMurder23yNPP 17y 3ms.111(3)FT 11y(concurrent)Murder26yNPP 19ys.111(3)FT 11y(concurrent)Murder20yNPP 15ys.111(3)FT 10y(concurrent)16yNPP 11y[2002]NSWCCA 520PARRY(35)YATES(28)BIKIC(45)[2001]NSWSC 571Hidden JSENTENCEVGMurderManslaughter[2002]NSWCCA 227APPEALConviction andsentence ADRECORDprior recordHOW KILLEDshootingintent to killlengthy recordincludingviolenceConviction ADserious drugoffenceshootingjoint criminalenterprise10yNPP 7yCo-accused: IRANI(2002) 129 ACrim R 559[2002]NSWSC 457Kirby JVGMurder22yNPP 16yPG8 x s.178BA4yNPP 3y(2002) 137 ACrim R 371[2002]NSWCCA 509s.178BAFT 3ySched:68 x s.178BATotal:24yNPP 18yGroup of men forced way into residential houseand terrorised occupants inside with baseball bat,revolver and shortened shotgun - occupantsassaulted with bat - victim executed at close rangewith bullet behind ear - other occupants shownbody and threatened - worst class of case butlevel of culpability not so extreme that communityinterest only met through life imprisonmentP shot victim in presence of YY a follower with limited intellectual functioningand back injury.insignificantrecordTotal:17yNPP 12ySUTESKI(23)INVOLVEMENT & SUMMARYADnilstabbingaccessorybefore factintent GBHThis table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.Involved in assault upon two men by nineoffenders - both men shot - motive not clear unclear who fired shots – other offendersconvicted of manslaughter - offender convicted ofmurder on basis aware of guns and contemplatedtheir use with requisite intent for murder convicted of manslaughter on basis shot fired afterprovocation.Serbian - supportive of sister and her family - presentence custody and stringent bail conditions high risk prisoner while on remand.(Co-offenders - PUTA & ORS [2001] NSWSC 225)Female accounts clerk committed extensivefrauds upon company - paid co-offender to injuresupervisor to keep him away from work - assistedon night of killing - victim stabbed to death agreement to inflict gbh - weapons discussedCommitted earlier frauds on different company no charges when father repaid money

NAME(age if known)TNT(16 at offence / 22at sentence)DATE[2002]NSWSC 537Hidden JPLEAPG(50% combined)SENTENCEAPPEALRECORD10yNPP 6ystabbingaccessory(cumulative toexisting sentences– see facts)Co-offender:MHN (1998)KANAAN(23)MAWAS(21)EL ASSAAD(21)[2002]NSWSC 774Wood CJ atCLVGLife[2006]NSWCCA 109VG25yNPP 19yVG24yNPP 18yHOW KILLEDADServing lifesentence for 2murders breached bondshootingADlengthy butrelatively minor no violenceAccessorybefore factAA22yNPP 16y 6mlengthy - mostlymotor vehicle no violenceintent to killThis table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.INVOLVEMENT & SUMMARY(1996) With 2 co-offenders took 18y victim fromcoffee shop to nearby street and assaulted him –victim tied up in house then taken to garage further assaults committed in garage - victimstabbed in throat by co-offender in absence ofoffenderDisturbed childhood - at time of killings involved ingang and under influence of co-offender subsequent to killings left gang and seriouslyassaulted - moved interstate with pregnantgirlfriend - evidence of good character volunteered guilt - assistance to authoritiesSentenced one month earlier for unconnectedmurder committed 8 days earlier:Tran [2002] NSWSC 394Total Sentence: 23y 3m NPP 14y 3mGangland killing of notorious and vicious principalin extensive criminal organisation involved indrugs and protection by associates – victimgunned down in car by K and M - E acted aslookout, advising shooters of victim’s movements motive was to improve offender’s own criminalactivities - use of firearms an aggravatingcircumstanceK - Principal - hardened criminalM - Reacted badly to death of mother at 16y suicidal and drug addiction - follower not initiatorE - Close family - exposed to anarchy andviolence in Lebanon - prospects of rehabilitation Immaturity

NAME(age if known)P PHAM(18 at offence)DATE[2002]NSWSC 1261Sully JNGUYEN(17 at 8)Co-accused:LOLEW[2003]NSWSC 582Adams JPLEAVGSENTENCEAPPEAL16yNPP 11yRECORDrecord unclearbut notsignificantHOW KILLEDshootingintent to killVG17y 38wNPP 11y 38w(cumulative toexisting sentences– see facts)appalling recordfor violence includes murderandmanslaughterPG(40% combined)Murder18yNPP 13y 6mBreached bondfor drugoffencesShootingNil relevantShootingAccessorySched:Att AR[2003]NSWSC 781Adams JVGMurder[2011]NSWCCA 227s.97(2) Agg Rob35yNPP 25y 9mAA30yNPP 22y 6mFT 7yFT 7yTotal:37yNPP 27y 9mTotal:31yNPP 23y 6mAccessoryThis table has been prepared by the Public Defenders as a guide. Individual cases should be read if they are to be relied upon.INVOLVEMENT & SUMMARY(1996) Execution in context of gang involvement victim taken to oval by offenders at night and shotfour times by co-offenderPP - Vietnamese - difficult childhood - refugee drugs - need for psychiatric care - important cooperation with policeN - Traumatised childhood - serious depression Serving sentences forMurder: 29.10.1998 Kirby JManslaughter: 20.11.1998 Kirby JMurder: [2000] NSWSC 1177Total sentence 31y NPP 25yDuring attempted robbery of tavern manager shotin head by co-offender to prevent identification –offender did not foresee or intend death butintentionally assistedAssistance given against co-offenderInvolved in robbery of Tavern – managerdeliberately shot in head to prevent identification –not satisfied who fired shot

NAME(age if known)MEHAJER(23)DATEPLEASENTENCE[2003]NSWSC 885Studdert JVGMurder18yNPP 13y 6m(2004) 151 ACrim R 452[2004]NSWCCA 462Rob in CoFT 4yAgg Rob in CoFT 5yAPPEALADRECORDNil prior – minorsubsequentoffenceHOW KILLEDAssaultFelony murderAccessoryINVOLVEMENT & SUMMARYRobbery of takeaway shop – one man threatenedby M with knife and assaulted – owner kicked inhead and subsequently died – unclear whocaused death – M ringleaderM – prior good character – good prospects ofrehab

Rob/wound VG Murder Mal wound w/i GBH MT 11y AT 8y MT 12y AT 8y MT 12y AT 8y Conviction AD Conviction AD . STEELE NSWSC Hunt CJ at CL 12.5.1994 PG Murder 2 x Aid and abet murder Life 25y minor shooting – pushed over . P shot victim in presence of Y Y a follower wit

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