Burned Alive by Boyfriend Who Prevented Onlooker Assistance

Crime:  Murder
Occurred: 1 June 2010
Sentenced: 19 October 2011
Where: Safeway Service Station, Mountain Highway, Bayswater
Convicted: David Warwick Hopkins
Victim: Nicole Joy Millar

What happened?
On a Tuesday morning, David and his de facto partner Nicole dropped off Nicole’s son at Bayswater Secondary College.  They then drove to Woolworths where the CCTV recorded them stopped in the car park for about five minutes.  No one knows what was said during these few minutes.  Nicole then drove into the Safeway Service Station. David got out of the car, grabbed the petrol pump, went back into the car and began spraying petrol all over Nicole, restraining her from getting out of the car even though she was sounding the car horn and screaming for help. Removing a knife from his pocket, he slashed her throat and then lit her alight with a cigarette lighter. He jumped out of the car as his partner was engulfed in flames.

Nicole managed to drag herself out of the driver’s door, falling to the ground.  For three minutes and 21 seconds she writhed on the ground in agony, screaming for the whole time, while David stopped anyone from coming to her assistance, telling them “fuck off, I’m going to kill you”.  He stabbed himself with a knife he had been carrying in the chest and throat (superficially).  The whole event was captured on CCTV. David stood by and said “burn bitch burn” and “hurry up and burn”.

The fire quickly destroyed the car.

Eventually, when a member of the public in desperation tried to run over David in his car, David left the scene and onlookers extinguished the flames on her charred body. David, who had fled, was later found at the back of a church by police and was sprayed with capsicum spray three times which failed to have any effect.  He held onto the knife in a standoff with police for two hours before surrendering.

Nicole's daughter, Ashley, misses her Mum.

Nicole was taken to hospital where she begged an anaesthetist “please don’t let me die”.  However, her burns were too severe for survival.  Doctors could only place her into a painless sleep; she died later that same evening.

Victim's background
Nicole was 42 when she was murdered.  She had been involved in a string of abusive relationships throughout her life.  She was a cleaner and then a driver for an automotive firm.  She was a regular drug user and had three children aged from 15 to 22.  Nicole moved in with David two years earlier and he proved to be no exception to her pattern of destructive relationships.  In the days leading up to her death, David would come to Nicole’s work place threatening to kill her and physically abusing her and her employer.  People who knew her said that she was terrified of David.  However, between the workplace incidents and the day of her death, she had reconciled with David and they were happy that morning when they dropped off her son to school.

The onlookers

The witnesses to this event were extremely traumatised.  Some tendered victim impact statements to the court.  One man suffered post traumatic disorder to such an extreme extent he has spent several months since in a psychiatric hospital.  Another person is unable to go to the petrol station anymore.  Another witness speaks of her distress at approaching the victim and then fleeing in horror: “I just ran away, I could not bear to look at the girl. She had plenty of people to help her and the sight of her was just horrific…I haven’t been able to sleep at all since it happened.”

In sentencing the judge described David’s actions as ‘the worst kind of viciousness and sadistic behaviour that a court is likely to ever see’.

The petrol station where the murder occurred.

Convicted's background

David was 40 at the time of the murder.  He was one of seven children and has a twin brother.  His father was a fireman and his mother was a housewife. Suffering with dyslexia, he repeated Year 7 (during which time he also hit a teacher) and was expelled from a technical school in Year 8 after abusing the principal. 

David arrives to Court for sentencing.

He had a range of mostly unskilled jobs ranging from tree lopper, petrol attendant and constructing pool tables before building up a successful business in shedding which collapsed due to his drug addictions which ranged from heroin, ice, prescription drugs and anabolic steroids.

David has three sons to two different women.

In the 24 hours leading up to Nicole’s death, David consumed a cocktail of drugs but his calmness upon arrest and lucid behaviour leading up to the incident led experts and the court to believe that he was not in psychosis during her murder.

Outcome of trial: David pleaded guilty to murder.  There was no need for a trial.

Sentence: David was sentenced to imprisonment for life.  Such a sentence is not limited to a specific time such as 25 years – a life sentence is for life.  The court can refuse to set a minimum sentence.  However, in this case the judge did set a minimum of 30 years before David will be eligible for parole.  Even David’s lawyer did not argue that a life sentence was not appropriate.

You can read the judgement here.  Media coverage is available here and here.

Jugular Slashed by Stranger in West Heidelberg

Crime:  Murder
Occurred: 21 November 2009
Sentenced: 4 October 2011
Where: Alamein Road, West Heidelberg
Convicted: Tjay Tunja
Victim: Rowan Biram

What happened?
Rowan came out of his house after hearing a dispute across the road, where Tjay and some friends were gathered.  Rowan yelled at the men to keep it down and stop screaming at each other, but this only antagonised Tjay’s group and two men set on Rowan, fighting him into the front yard of the house next door to Rowan’s.  Rowan fought back and at one stage was on top of one of the men when Tjay jumped into the fray and slit Rowan’s throat, a wound that ran 12cms long, nine cms deep and passed through the jugular.  He died on the scene.

Victim's background

Rowan was 38 years old when he was killed. Victim impact statements were made by his mother, brother, ex-girlfriend, housemate and neighbour who described him as a kind, generous, funny, intelligent and loving man.  He did not like his neighbourhood and had packed his belongings ready to move out to his dream house in Whittlesea. There had been hundreds of complaints from people to the Department of Housing about the house across the road.  Rowan liked motorbikes but had injured his leg in an accident.

Rowan and his best mate.

Convicted's background

Tjay was 24 years old when he killed Rowan and lived in Rosebud West.  His mother was born in London and he never knew his father.  He is the middle son of three boys, educated to Year 10 and worked in various odd jobs and gained certificates in hospitality.  Tjay has prior convictions which include assault, possessing a controlled weapon, theft and charges of causing serious injury (intentionally and recklessly).  He served three years in juvenile detention from 2003 to 2006. He has a history of substance and alcohol abuse but was not taking drugs at the time of the incident. A clinical psychologist who assessed Tjay shortly after the killing described him as “remarkably normal… in absence of psychopathology”.

A photo on Tjay's Facebook page.

Outcome of trial: Tjay pleaded not guilty to murder but a jury found otherwise.

Sentence: 19 years minimum before eligible for parole (24 years max).  Tjay has already served nearly two years of his sentence in remand.

You can read the judgement here.  Media coverage is available here and here.

Police at the scene.

Tragic End to 18th Birthday Party in Edithvale

Crime:   Defensive homicide - when you kill someone believing you are defending your own life or another’s life but the basis for that belief is unreasonable.
Occurred:  24 January 2010
Sentenced:  27 September 2011
Where:  Montrose Avenue, Edithvale.
Convicted:  Scott Roy Jewell
Victim:  Dylan Casey

What happened?
It was the evening of Scott’s sister’s 18^th birthday party (held at the parents’ house) and everyone was drinking, including Scott and Dylan, who were unknown to each other.  Scott picked up a Batman fantasy knife from inside his parents’ house and decided to take it home with him. When the DJ finished at 1am the party was over and Scott and his fiancé waited for a taxi on the street.  They observed Dylan leave the party with a group of friends, some of whom removed pickets from Scott’s parents' fence and threw them onto the ground.  Scott went inside to tell his dad.  He and his dad then followed the group down the street and upon sighting them trying to rip down a roundabout sign, Scott’s father shouted, “Who the fuck smashed up my fence?”  Pushing and shoving ensued. Believing his dad to be in danger, Scott lunged forth and stabbed Dylan once in the heart and once in the bowel.  The chest wound killed Dylan at the scene.

Dylan Casey was 19 when he died.

Victim's background

Dylan was 19 when he was killed and was planning to undertake an apprenticeship as an aircraft mechanic.  In sentencing, the judge made reference to the many victim impact statements that were read to the court and noted that Dylan’s mother “spoke of the 2 a.m. call dreaded by every parent and of the indescribable pain of not being there to comfort her son as he died, lying on the footpath”.  He was the eldest child in his family and played a significant role in helping out his autistic younger brother.

Convicted's background

Scott was 22 at the time of the defensive homicide.  Educated until Year 10, he was a carpenter who ran a subcontracting business and had recently purchased a house with his fiancé.  Scott has no prior convictions.  He has no history of drug use and does not have a drinking problem. His fiancé is looking forward to his release.

After the fatal stabbing, a friend of Scott’s buried the knife underneath a tree near a retirement village but dug it up for police later that same day. Scott ran from the scene, pursued by Dylan’s cousin who caught up with him and fought him.  No serious injuries resulted from this scuffle.

Dylan's parents are devastated by their loss.

Outcome of trial:  Scott pleaded guilty to defensive homicide before the committal proceeding.  No trial was necessary.

Sentence:  Five years before eligible for parole (eight years max).  Nearly two years of the sentence has already been served in remand.

You can read the judgement here.  Media coverage is available here and here.

Police at the crime scene.

Scissors Stabbing in Werribee

Crime:  Murder
Occurred: 5 November 2008
Sentenced: 23 September 2011
Where: 5/22-24 Stawell Street, Werribee
Convicted: Tuan Van Tran
Victim: Nguyen Van Nguyen


What happened?
Nguyen, a drug dealer, believed that Tuan owed him money.  On Wednesday, 5 November, Nguyen came to Tuan's house and demanded his money.  Tuan led him to his garage where Nguyen grabbed a broomstick and began beating Tuan with it.  Tuan fought back, using a pair of scissors, stabbing Nguyen in the head, ear and the eyes.  Tuan persuaded Nguyen to get in his car and told his girlfriend that he was going to drive him to the hospital.  Instead, he dumped Nguyen's body in Tarneit. Nguyen died from head injuries.

Nguyen's parents appealed to the public when his killer could not be found.

Victim's background
Nguyen was a drug dealer.  His father wrote a victim impact statement that described the pain that will forever haunt their family.



Convicted's background
Tuan was 33 at the time of the murder.  He was born in Vietnam and when his father died as an infant he went to live with his grandparents in a fishing village.  He was educated to a Year 8 equivalent level.  When he was 16 he migrated to Australia with his brother.  He began drinking, using cannabis and eventually developing a heroin addiction.  He and his brother were thrown out of the family home and lived in temporary accommodation where they developed heroin and ice habits and began dabbling in crime.  Tuan served two and a half years of imprisonment for several armed robberies of taxi drivers.  His younger brother died at 25.
He has since broken up with his girlfriend, who was present at the home at the time of the attack, and he no longer has contact with his two children.

Outcome of trial: Tuan pleaded guilty to defensive homicide but not guilty to murder.  A jury found him guilty of murder.

Sentence: Tuan was sentenced with a minimum 16 years of imprisonment before eligible for parole (20 years max).  He already served almost three years of his sentence in remand, which the judge described as an unacceptable situation.

You can read the judgement here.  Media coverage is available here and here.

The fatal stabbing occurred at Tuan's premises in Werribee.

One Minute Mates - Next Minute Dead

Crime: Murder
Occurred: 9 March 2009
Sentenced: 8 September 2011
Where: 7 Dalgety Street, Preston
Convicted: David Allan Curran
Victim: Vinicio Cervi

What happened
Vinicio (Vince) and David were mates.  Over the years, their living arrangements had varied, and it ended up that Vince was living in an apartment in David's factory lot in Coburg and David was living in Vinicio's home in Preston.  They agreed to move out of each other's homes and return to their own.
During the moving process things got heated.  Vince was upset that David had left his house so messy.  Then at the Coburg factory, David moved Vince's trailer and damaged it.  When Vince found out he yelled obscenities at David infront of some prospective buyers of David's factory.  David remained very calm to the abuse.  However, he went over to Vince's property later that evening, armed with a semi-automatic pistol.  The two got into a fist fight in the front yard.  David fired four shots, hitting Vince twice: once in the leg and once in the abdomen, which perforated his aorta.  He died at the scene.

A heavyweight champion, Vince is pictured on the right.

Victim's background
Vince, a former Australian Heavyweight Champion, died aged 41.  He was a professional boxer and carpenter by trade.  He left behind his de facto partner, siblings and his mother. He was much bigger than David and it is thought he was gaining the upperhand in the brawl they were having before he was shot.  The judge considered Vince's girlfriend an unreliable witness during the trial because she gave evidence that she witnessed the shooting but on cross-examination admitted to lying (to make it more confusing, the judge observed her hostility to the defence barrister was such that she admitted to lying to things that were probably not even lies).  During the shooting she was inside the house protecting her eight year old son, Blake, who also gave evidence at trial.  
Vince has his own wikipedia page here.

David as sketched in court.

David's background

David was 45 at the time of the shooting.  The youngest sibling of six, he left school after completing Year 10 and worked in panel beating, running his own business from the age of 23.  He later went on to own and run a gym.  David was at one time Vince's boxing trainer and boxed until his arm and wrist were injured in a car accident when he was 20.
David had several prior convictions for aggravated burglary, intentionally threatening serious injury and four incidents of assault.  He has battled an alcohol problem.  He has fathered three children to three different women and been married twice.  The judge noted in sentencing that David had turned over a new leaf since 2000 (his last conviction) and had become a supportive father to his children.  His son, Darcy, was described as a "troubled youth" and has been getting into more trouble without his father around to keep him in line.
The judge also recognised that David has a generous spirit, providing assistance to a friend with two young children who had sustained brain damage in a car accident, accommodation to a friend who had become homeless, helping out friends whose houses burnt down on Black Saturday, training a troubled youngster in his gym and financially assisting Vince, who had money problems.

Outcome of trial: David pleaded not guilty to murder but a jury found otherwise. He continues to maintain his innocence.

Sentence:  15 years before eligible for parole (19 years max).

You can read the judgement here. Media coverage is available here and here.

Vince's funeral. The Rocky theme played as he was carried out of the Alphington  church.

Repeat Murderer Dismembers Body in Phillip Island

Crime:  Murder
Occurred: 12 August 2009
Sentenced: 26 August 2011
Where: Private residence at Wimbledon Heights, Phillip Island
Convicted: John Coombes
Victim:  Raechel Betts

What happened?
The exact details of the murder and its motive are unknown, as John Coombes has given police several different versions of the killing.  It is most likely that John was Raechel Betts' drug dealer.  On 12 August he drove her down to his mistress's house in Phillip Island and killed her in the house while his mistress slept, probably either strangling her or breaking her neck.  He then carved up her corpse with boxcutters and a knife.  He had to stop to vomit and went and lay down next to his mistress for a sleep before he finished.  He then drove to the Newhaven Pier and cast the body parts to sea, ensuring he sliced the abdomen so that the gases in the stomach would not cause it to float to the surface.



Victim's background Raechel was 27 years old when she was killed.  She was an early childhood teacher and childcare worker and worked in this area until she adopted two girls (aged 15 and 13).  As the primary caregiver, she began to sell drugs for money.  By the end of 2008 she had quit her work in childcare and become a fully fledged drug trafficker.  She and the girls moved in with one of her dealers named Romeo, and during this time she and the girls experienced druggings and sexual assaults.  John later claimed that he went to Phillip Island with Raechel to discuss the sexual assaults and "off" the people who had done this to them.  John claimed that Raechel confessed to him that she had organised the assaults to pay for her own drug debts and this made enraged him so he killed her - however, the judge dismissed this as highly unlikely as there was no basis to suggest that Raechel did anything other than love and protect her children, and John's version of the killing changed every time he spoke with police and psychologists.


John's background

John was nearly 55 when he killed Raechel.  He has claimed he was the victim of sexual abuse as a child and his mum was part of a paedophille ring but there are other reports his mother abandoned him as a baby.  He left school in Year 10 and dropped out of a mechanical apprenticeship, joining the Army until he was discharged in the seventies after sustaining a head injury.  He went on to manage a hotel.  He was married around the age of 20 and had two children. He was divorced from his wife when he was sent to prison for the first murder in 1985.  His ex wife has claimed that he was abusive. 
This was John's third murder and he was out on parole for a life sentence at the time he killed Raechel.  At the time of the killing he lived with his girlfriend in Viewbank and also had a mistress in Phillip Island.  Rachael was reported as having told a friend that she was thinking about becoming John's mistress as well.


Outcome of trial: John pleaded guilty so there was no need for a trial.

Sentence:   Imprisonment for life (no minimum set).  This is to be served cumulatively after his current life sentence.

You can read the judgement here.  Media coverage is available here and here.

The first murder
John and his friend went out on a boat with an acquaintance (Michael Speirani).  The acquaintance was never seen again.  The court determined John stabbed him to death and applied the boat propeller to his body.  John claimed he was punishing Michael for sexually abusing a teenager (most likely untrue).  John was not convicted for this murder until he was in prison for the second homicide.


The second murder
Nine months after the first murder, John and another friend beat an acquaintance (Henry Kells) to death for no reason other than John's friend was unhappy that Henry was speaking to his landlady.  John was under the influence of drugs and alcohol at the time.

Dad Found Dead in Doncaster

Crime: Defensive homicide
Occurred:  9 July 2010
Sentenced: 22 August 2011
Where: 12 Amelia Crescent, Doncaster
Convicted:  Zlatko (Boris) Svetina - son
Victim:  Tomislav Svetina - father

What happened?
On the night of 8 July 2010, Boris broke into his father's house and turned off the lights “to flush him”.  Tomislav came down the stairs, armed with a tomahawk.  There was an ensuing struggle where Boris managed to get hold of the tomahawk and stabbed Tomislav with it 10 times before fleeing the home. Tomislav's body was discovered four days later.

Victim's background
Tomislav, born and raised in Croatia, was 74 when he was killed.  He was an electrical fitter by trade.  In poor health, he had injuries from a serious car accident, heart disease and a past incidence of bowel cancer.
Boris was the eldest of Tomislav's two sons.  After Boris got divorced, he moved in with Tomislav and Tomislav's wife until Tomislav's wife left the home.  Tomsilav blamed Boris for the breakdown of his marriage, believing that Boris encouraged his wife to leave. In November 2010, Tomsilav accused his wife of seeing other men on the internet.  He grabbed her by the hair and ripped her top.  She ran to the neighbours while he destroyed things in the garage with a hammer.  The police were called.  The next morning, Tomislav went to his wife's property, entered through a window and stabbed his wife in the mouth and the arm.  Boris ran to his mother's rescue, took the knife and restrained Tomsilav while he waited for the police.  Tomsilav was in prison until March 2010.  He deeply hated his son and refused to talk to him.  He also rearranged his financial affairs to ensure that Boris would receive no inheritance.  He told other people that he kept a tomahawk beside his bed and that if Boris came near him he would attack him with it.


Boris' background
Boris was born in Croatia and moved to Melbourne after primary school.  He was 52 years old when he killed his father and is divorced with two children.  After leaving school part-way through Year 11 he began a career in community care and nursing and spent many years working with people with disabilities and in crisis accommodation units.

Outcome of trial: Boris pleaded not guilty to defensive homicide.  A jury found otherwise.

Sentence:   7 years before eligible for parole (11 years max).  He has already served over a year of his sentence in remand.

You can read the judgement here.  Media coverage is available here and here. 

Tomislav's house in Doncaster where the killing occurred

King Hit in Yarraville

Crime: Manslaughter
Occurred: 14 July 2009
Sentenced: 16 August 2011
Where:  Outside the Blarney Stone Irish Pub in Yarraville (35 Anderson Street)
Convicted: Jacob Polutele
Victim: Cain Aguiar


What happened?
On a Thursday night (9 July 2009) at the Blarney Stone Irish Pub, Cain Aguiar had the misfortune of chatting to a young lady who was with a man named Foster Akoteu.  Foster was jealous that his lady friend was talking to Cain and decided to fight him. Outside the Blarney Stone, Foster and his friend Sioeli Seau set upon Cain, hitting him with bottles and trying to bring him down but Cain remained standing, defenceless to the attack.  Jacob, who was out with Foster and Seau and wanted to "help", ran up to Cain from the side and hit him in the face, which caused him to fall to the ground and smack his head hard against the curb with nothing to break his fall.  Foster then kicked and stomped on Cain's head and said, "Welcome to Australia, bitch".

Cain Aguiar

Cain suffered horrendous brain injuries and his family, who flew in from Canada, made the decision to turn off life support days later.


Cain's background
Cain was 25 years old when he was killed.  As a Canadian, he had come to Australia to begin a new life and had been in Australia for a month, living with relatives.  He was a qualified pilot and financial analyst and had come to Australia to pursue a new career.  He has left behind his parents, grandparents, sibilings and a nephew.


Jacob's background

Jacob Polutele

Jacob was 22 years old at the time of the attack and on a suspended sentence for causing serious injury in an unrelated case.  He is of Tongan origin and has four siblings.  Jacob left school part way through Year 11 and became involved in amphetamines and ecstasy, working as a labourer and in meat works.  Jacob's drinking began to interfere with his work and he spent six months unemployed before he attacked Cain.


Outcome of trial: Jacob pleaded not guilty to manslaughter but a jury found otherwise.


Sentence:  7 years before eligible for parole (10 years max).  This was the same sentence as the one handed down to Foster.


You can read the judgement here or listen to it here.  Media coverage is available here and here.

Senseless Pakenham Attack

Crime: Manslaughter
Occurred: 8 November 2010
Sentenced: 15 August 2011
Where:  Outside Pakenham McDonalds (Princes Highway, Pakenham)
Convicted: RPJ (unidentified minor)
Victim: Cameron Lowe


What happened?
On 6 November around 12am on a Saturday night, Cameron, his two brothers and some friends went to Hungry Jacks, before walking over to McDonalds nearby.  They were denied service at McDonalds because they went through the drive-through on foot.
RPJ was on a party bus which stopped off at McDonalds.  He had consumed 15 Pulse vodka energy drinks.  As he got off the bus he said he wanted a fight, and his mates told him not to be silly.  Nevertheless, he encountered Cameron's group outside McDonalds and there was a bit of back and forth.  Cameron commented sarcastically that he was a drug dealer and asked RPJ not to speak to him.  RPJ then punched Cameron in the side of his jaw and knocked him unconscious.
Cameron was assisted by his brothers and went home.  The next morning no one was able to wake him.  He was taken to hospital but on 8 November had life support switched off due to no signs of brain activity.


Cameron's background
Cameron was 17 years old when he died.  He was a former student of Drouin Secondary College.  After his death his parents donated his organs, which have gone on to save the lives of others.  His family have been devastated by his loss.  A Facebook tribute page was set up to honour Cameron's death, which subsequently attracted negative and hurtful comments by trolls.


RPJ's background
RPJ was 17 years old at the time of the attack.  He left school in Year 8 and completed an apprenticeship as a floor tiler.  He has had no previous convictions.  A week before killing Cameron, he attended a party where he saw someone he didn't like and announced "I want to hit that kid with the red hair" and later punched the red-haired boy unconscious.


Outcome of trial: There was no trial because RPJ pleaded guilty.


Sentence:  Six and a half years imprisonment (nine years max), having served two days already in custody.


You can read the judgment here and media coverage here and here.