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.