Ashwood Rooming House Rampage - Not Guilty

A man with a psychotic disorder lashed out after being evicted from a rooming house 

Charges: Murder and intentionally causing serious injury

Occurred: Friday, 15 March 2012

Where: 32 Salisbury Road, Ashwood

Judgment:  12 April 2013

Accused:  Barry Lee Kingi

Victims:  Jared Clinton (deceased), and Lisa, Jeremiah and Vincent Vu (injured)

What happened?
For several weeks, Barry, a 28 year old man who had been previously diagnosed with a psychotic disorder, had been living in an allegedly unregistered rooming house in Ashwood with, among others, Jared Clinton, Lisa Vu and her two children. On the night before the attack, Lisa, who ran the establishment, informed Barry that he would have to leave because of the damage he had earlier caused to an internet connection plug.  Barry grew angry and began to act unusually - he was seen later on that night lying on the floor muttering to himself.  In the early hours of the morning he knocked on all the residents' doors.  He came to Jared's door at 4am and a physical altercation ensued.  Barry dragged Jared out onto the street and attacked him further.  He left Jared lying helpless and returned inside the house.  Jared, 34 years old, died the next day in hospital of 'severe injuries to the head exacerbated by the injuries to his abdomen'.

Emergency crew at the scene (source).

Barry then entered the room occupied by Lisa and her two children.  He attacked all three of them, causing lacerations, bruising and memory loss to Lisa (who was in hospital for three days), head injuries to Jeremiah, a 15 year old boy who was hospitalised for two weeks, and several abrasions and bruises to Vincent, who was only three years old.

Later, during an interview with police, Barry (who was later observed by a forensic psychiatrist to be 'floridly psychotic and manic') did not say much other than that he was 'acting on a self defence theme'.

Outcome of trial
The prosecution and defence counsel agreed to run a hearing before a Judge pursuant to the Crimes (Mental Impairment and Unfitness to the Tried) Act 1997 (Vic).  Under that legislation, if it is established that the accused has a defence of mental impairment, he or she must be found not guilty.

The Judge was satisfied that Barry had a mental impairment which caused him to have no understanding of the nature and quality of his actions, nor that his conduct was wrong.  Accordingly, Barry was found not guilty of all charges.

Orders

Police outside the Ashwood home (source).

Barry received a custodial supervision order for a mandatory nominal term of 25 years. He was committed into the custody of Victorian Institute of Forensic Mental Health, which runs the Thomas Embling Hospital, a 116 bed secure mental health facility in Fairfield that houses patients from the criminal justice system. Barry will spend a minimum of 25 years in custody before the Court reviews the order.  In the meantime he may apply for temporary leave or extended leave from custody, which will be granted only if it is considered that the public will not be put at risk by his presence.

You can read the judgment here.  News articles are available here, here and here.

Grumpy Old Man Slays Housemate in Clayton

A convicted murderer stabbed his housemate to death over a garden bed dispute.

Crime: Manslaughter

Occurred: Thursday, 20 October 2011

Where: 13 Thompson Street, Clayton

Sentenced: 9 April 2013 

Convicted:  Periklis Papadopoulos

Victim:  Andonios Mirtsopoulos

What happened?
Periklis lived in Clayton with Andonios and another gentleman named George, in what the Judge described as a 'rooming house, of some sort, for elderly Greek men'.  Unfortunately, Periklis and Andonios did not get along.  Two weeks prior to his death, Andonios dug out a garden bed for a vegie patch.  On the night before the killing, Periklis planted his own vegetables in the garden bed.  The next day, upon discovering his vegetable patch had been stolen, Andonios loudly complained to George.  Periklis emerged from the house, holding a knife and a pear, and an argument then ensued.  George watched as the two men yelled at each other.  Andonios began pulling out the tomato plants. Periklis pushed Andonios into the fence. The pair exchanged fisticuffs until George broke them up.  Not content to leave it there, Periklis ran back towards Andonios, who also moved towards Periklis.  Periklis plunged the knife into Andonios' chest, killing him at the scene. Periklis said, "oh no what have I done, I'm going to go to jail for this bastard".  He ran inside, changed his clothes and fled out onto the driveway.

13 Thompson Street, Clayton, where the manslaughter occurred.

Victim's background
Andonios was 72 years old when he was killed.  He was estranged from his wife and children, which the Judge noted made it all the more sadder that his death cemented no prospect of reconciliation with his family.  Shortly before his death his daughter had gotten back in contact with him.

Convicted's background
Periklis grew up in a poor farming family in a Greek village.  His family were unable to afford his education and he left school at 16 and became a tradesman painter. He migrated to Australia in 1969, met his wife and moved back to Greece in 1978 with her in tow.  After having a son and daughter, the marriage was understood to have come to an end, but the couple continued living under one roof due to religious and social pressures.

In 1992, Periklis was convicted in Greece for the voluntary homicide of his cousin, a charge equivalent to murder under Victorian law. That incident occurred after a hunting trip, when the cousins stopped in at a tavern for a drink.  Periklis and his cousin were involved in an argument.  Periklis fetched his gun from the boot of his car and shot his cousin dead.

After being convicted and serving a total of 16 years, he was released from prison in 2008. He left his wife and children in Greece and migrated back to Australia and worked as a painter, living at the premises in Clayton.  For the six months leading up to the manslaughter, Periklis and Andonios had bickered over petty issues and there was one other occasion when their housemate George had to break them up.  Periklis was 65 years old at the time of the stabbing.

Periklis planted four or five tomato and pepper plants
in the controversial garden bed (source).

Outcome of trial 
There was no trial because Periklis pleaded guilty.

Sentence 
Periklis was sentenced to a maximum of 11 years and six months with a minimum 9 years before eligible for parole.  Almost a year and a half of the sentence was served while on remand.

In sentencing, the Judge commented that both the victim and the convicted were 'grumpy old men' and that Periklis had been 'provocative' in planting his vegetables in Andonios' garden bed.  The Judge took into account the prior conviction in Greece and stated that specific and general deterrence were significant factors taken into consideration in the sentence, given that Periklis had been released from prison in 2008 and three years later had killed again and the killing had occurred over such a 'petty issue'.  The Judge commented on Periklis' limited remorse, stating that any remorse Periklis indicated was concerned mainly with the punishment befalling him rather than his actions.  The Judge further stated that the sentence reflected a need to protect the public.  Had the Periklis not pleaded guilty, he would have been sentenced to 13 years with a minimum of 10 years and six months before eligible for parole.

This case was unsuccessfully appealed by Periklis in 2014.

You can read the judgment here.  News articles are available here and here.

Dandenong Man Killed for Caricature Depicting Woman as Fat

A 26 year old man was fatally stabbed in the chest in his new home.

Crime: Murder

Occurred: 15 July 2011

Where: 44 Princes Highway, Dandenong

Sentenced:  5 April 2013

Convicted: Boronika Gam Hothnyang

Victim: William Awu

What happened?
William and Boronika, both Sudanese, belonged to a group of friends who enjoyed drinking and socialising. Around mid-July 2011 Boronika allowed William to move in with her.

On 15 July, Boronika, William and three other friends, including her boyfriend, rose at 8:30am to continue a drinking binge that had started the day before. Throughout the day more people visited the house, some for a short time, some hanging around all day.

As Boronika drank, she also grew more aggressive and agitated. She was upset when her boyfriend taunted her that she came to Australia from Kenya rather than Egypt, and she left the house to pay a visit to the Dandenong branch of the Department of Human Services to complain about a door in her home that needed fixing.

When she returned home, William drew a caricature of Boronika that depicted her as being overweight. Her boyfriend laughed at the picture and teased her about it. Angry, Boronika told William to stop drawing pictures like that and that both men should stop the taunting or there would be consequences.

At around 2.15pm in the afternoon, after her boyfriend went back to bed, Boronika was witnessed by friends as putting her arm around William's neck so that he struggled to breath. Two friends made Boronika back off, and she continued drinking until 4pm when she announced she was going to bed.

Soon after, Boronika emerged from the bedroom, walked into the kitchen and grabbed a knife, holding it behind her back as she approached William, who was passed out in the corner of the room. She stabbed him once to the chest. He died of blood loss at the scene.

Boronika used a kitchen knife similar to this one to attack her friend (source).

Victim's background
Born in Sudan, William was the third child among ten children. He fled to Egypt in 2002 and moved to Australia with his family in 2004. He studied English for a brief period and later worked as a farm labourer in Victoria and New South Wales. He also had a talent for drawing caricatures. He was unemployed at the time of his death.

Soon after his arrival in Australia, he developed a drinking problem and fell in with the wrong crowd. At the time of his murder his blood alcohol reading was 0.42. Six weeks before he was killed, he was hospitalised for pulmonary tuberculosis and told to quit smoking and drinking.

All ten of William's siblings, as well as his mother, provided victim impact statements to the Court.

Convicted's background
Boronika was 24 years old at the time of the murder. She was one of six children, born in the Sudan. Her father was a factory worker and her mother was the primary caregiver. Boronika never attended school. Despite the civil war raging in her country, she reported to have a happy childhood, although she moved to Egypt when she was 13 years old, accompanied by an abusive brother and an aunt who the judge described as "cruel, sadistic and manipulative".

Life in Egypt was tough. She worked as a domestic servant and endured abuse. Around this time she had an older boyfriend who she fell pregnant to, but suffered a late miscarriage.

She came to Australia around the age of 15 or 16 and, similar to William, fell in with the wrong crowd and began drinking heavily. She fell pregnant again, and this time was allegedly forced to undergo an abortion by her aunty. She attempted suicide soon after. She fell pregnant again to the same boyfriend but he broke up with her.

She went on to have three children borne to three abusive fathers. She continued to drink throughout her pregnancies. All three children were placed into the custody of the Department of Human Services at some point in their early childhood, in relation to Boronika's alcoholism. One of the fathers was also suspected of sexually abusing one or more of her children.

Boronika was admitted into psychiatric units in hospitals on several different occasions in relation to suicide attempts and threats of harm to her children. Each incident was accompanied by heavy drinking. Each time she was hospitalised, away from the influence of alcohol she was able to make a recovery. However, upon being released she would relapse back into her former lifestyle.

44 Princes Highway, Boronika's home and where the murder occurred (source).

Outcome of trial: Boronika pleaded not guilty but a jury found otherwise.

Sentence: 10 years and 6 months before eligible for parole (14 years max), with over a year of her sentence already served while on remand.

Factors that were taken into account to reach this sentence were: Boronika's prospects for rehabilitation, her young age, the time she would spend away from her children, her lack of premeditation, lack of prior offending, her remorse (although she could not remember the offence she did demonstrate sadness at  having killed her friend), her age and what the Judge described as her 'horrific background and personal circumstances'.  Balanced against these elements were punishment, deterrence, the seriousness of the offence and denunciation. The Judge also commented in passing that: 'All of this is such a sad reflection on our society, that we have groups of seemingly dispossessed men and women who have been brought here as refugees, with little or nothing to do except drink their days away.'

This case was unsuccessfully appealed in 2014.

You can read the judgment here.  News articles are available here, here and here.

Fatal Beating in Brooklyn for Wife's Lover

A 34 year old man was beaten to death outside his own factory.

Crime: Murder

Occurred: Sunday, 30 October 2011

Where: 19 Industry Park Drive, Brooklyn

Sentenced: 5 April 2013

Convicted: Mark Budimir

Victim: Dino Moresco

What happened?
Jana, Mark's wife, ran a nursery in Footscray called "Garden Door".  She purchased garden ornaments from Dino, who ran a manufacturing business in Brooklyn.  Jana began a sexual affair with him the day after he, her, and Mark had gone out together to celebrate her birthday in August 2011.  At this stage, Mark was unaware of the relationship between his wife and her garden ornament supplier.

In September 2011, after months of Jana threatening to leave the marriage, she left for a weekend away with Dino, while Mark stayed at home with the kids. Following the weekend, Mark learned from a friend that she had attended a nightclub with Dino. He also suspected Dino had joined her in Sydney the following night. Upon her return, Mark discovered racy text messages on her phone, and he realised that Dino and Jana were more than business associates.

A few days later, Mark drove over to Dino's factory in Brooklyn and threatened that if Dino did not leave Jana alone, Mark would put him on the "front page of the newspapers".


From left to right: Mark, Jana and Dino in happier times (source).

Soon afterwards, Jana told Mark to leave the matrimonial home because the marriage was over. In response, Mark slapped Jana across the face several times and then locked her in the bedroom.  Police were called, and Jana later applied for an intervention order. Mark was also convicted for false imprisonment and assault in relation to the bedroom incident, for which he received a suspended sentence.

On Sunday, 30 October, Mark drove around to his wife's house to find her and Dino loading some of Mark's belongings into a truck. Outraged, he then drove to Dino's factory and was spotted wearing gloves and running about suspiciously to avoid detection. A witness phoned Dino to alert him that someone behaving oddly was at the factory.

Some time later, Dino arrived at his factory to investigate. Mark caught him by the jumper and wrestled with him on the ground. Mark was able to struggle free and stood up, picking Dino up in the air and then throwing him down on the ground, where he landed on his head. Blood came out of his mouth. Mark then stood on Dino's chest several times, before loading him into his own truck and driving out to an abandoned industrial site.

He fetched some petrol from his parent's house nearby and returned, shoving Dino head first into a wheelie bin and setting it on fire.

While Dino's corpse burned, Mark drove off to buy a kebab and did a quick drive by on the fire before zooming off to New South Wales. He rang his wife, abusing her for her disloyalty before telling her that he had gotten rid of Dino so that Jana could return to him.  He also reportedly rang police and told them that he would only turn himself in after taking a holiday to Northern Australia (where and Jana had once enjoyed a nice vacation). Police were able to trace his location from his mobile phone, and arrested him in Broken Hill.

Victim's background

Dino's cousin and mother attended Court (source).

Dino was 34 when he was killed.  He reportedly ran his manufacturing business very successfully and was planning to soon retire.

Jana said in her victim impact statement, "The crime ended my physical relationship with Dino, but the emotional relationship continues. I cannot stop loving Dino."

His parents visit his grave every day.

Convicted's background
Mark was almost 41 at the time of the murder.  He met Jana at age 19, his first serious girlfriend, and they were married in their early twenties.   They had four children, who are now aged from 8 to 15.

The judge commented that Mark had lived a "largely blameless and in many respects admirable life" as a husband, father and small business owner.

Mark had former convictions of burglary, criminal damage and theft dating back to 1996 (occurring in the context of recovering a debt), as well as the conviction noted above for false imprisonment and intentionally causing injury to Jana when she asked him to leave in September 2011.

Mark also suffers from hepatitis C.

Outcome of trial: Mark pleaded not guilty to murder, but a jury of his peers found otherwise.  The judge commented on Mark's "vehement attack" pursued in cross-examination against Jana during the trial, suggesting that Mark blamed Jana as the "cause of the evil" in relation to the murder.

Sentence: 16 years before eligible for parole (18 years max), with over a year and a half already served while on remand.

You can read the judgment here.  News articles are available here, here and here.

Mark escorted out of the Court following sentencing (source).

Cranbourne Drug Dealer Dies by Shovel and Nylon Strap

A 48 year old man was fatally beaten and strangled in his home.

Crime: Manslaughter

Occurred:  Saturday, 20 August 2011

Where: 15 Golden Wattle Court, Cranbourne

Sentenced:  27 March 2013

Convicted:  Glenn Hollow

Victim:  Laurence Grey

What happened?
In mid-August 2011, Glenn drove down from Sydney to visit his sister in St Kilda.  He met up with a friend, Anthony Lucas, and the two men spent a few days living in their cars, tight for cash.  On Saturday, Glenn texted several people, asking for $50.  Later that day, both men drove down to Laurence's house in Cranbourne.  Laurence shared some heroin with Anthony and then showed his guests a couple of cars that he was restoring.

At some point during the visit, Laurence was struck over the head with a post-hole shovel and strangled with a black nylon strap.  Both Glenn and Anthony participated in the attack.  They stole cash and cannabis and fled back to Melbourne.

Laurence's body was discovered two days later on his patio.

Laurence's house at 15 Golden Wattle Court, Cranbourne (source).

Victim's background
Laurence was 48 years old at the time of his death.  He was described by police as a low level drug dealer, selling approximately half a pound of cannabis a week for the last 10 years.  Laurence's best friend told the media that Laurence was very excited about a new job he was going to apply for: "He was cleaning himself up, he was getting himself together, and then this happened".  After his body was discovered, police publicly appealed to his former drug customers, who may have visited the premises around the time of Laurence's death, to come forward and share any relevant information with authorities.

Laurence left behind his 80 year old mother, a sister, and a brother, who he had not spoken to for two years. Laurence lived alone with two dogs.

Laurence Grey (source).

Convicted's background
Glenn was approximately 34 years old at the time of the killing.  Born and raised in Ararat, he was the middle child of three.  He was sexually abused as a child.  His older brother died in a car accident at age 27. He left school in Year 10 and joined the army aged 15, participating in tours to Somalia, Cambodia and Bougainville.

At age 18, after he was dishonorably discharged for assaulting an officer, Glenn moved back to Ararat to live with his parents and work at his mum's cafe. Not long after, he was arrested for car theft and possession of a firearm, which is likely to have been related to an incident where he stole his mother's car and threatened to commit suicide.

He became a truckie and at age 22 moved out of home to live with his girlfriend, and later wife, Kelly Martin, and they later had three kids, today aged 15, 12 and 10.

At 23, Glenn received a suspended sentence and a community service order for stealing $140,000 from his employers.  After serving out the order, he moved his family to Queensland and worked as an estimator. After being overlooked for a promotion he stole $100,000 from his boss.  He was charged and released on bail but fled to Melbourne with his family, where he returned to truck driving and amphetamine use.  After a truck roll incident in 2006, he required a spinal fusion and suffered ongoing back pain.

At 31, Glenn's marriage was failing.  Around this time he entered his wife's caravan with an offensive weapon and was sentenced to 14 months in prison (5 months before eligible for parole).  After serving 6 months, he was released and extradited to Brisbane where he was sentenced to 4 years and 6 months imprisonment. He was released in August 2010 after serving 2 years, and then violated his parole conditions in order to relocate to Victoria.

Glenn also has a history of abusing painkillers and amphetamines and also has been diagnosed with borderline personality disorder.

Glenn was a truck driver (source).

Outcome of trial: Glenn initially pleaded not guilty but during the trial changed his mind.  The trial was discontinued.  The judge estimated that this saved two weeks of the Court's time.

Sentence: 7 years and 3 months before eligible for parole (10 years max), with over a year and a half already served while on remand.

You can read the judgment here.  News articles are available here, here and here.

Gas Bottle Dispute in Goroke - Pregnant Woman Murdered

A 35 year old woman died from a gunshot wound intended for her fiance.

Crime: Murder and reckless conduct endangering life

Occurred: Sunday, 12 February 2012

Where: Goroke

Sentenced:  27 March 2013

Convicted:  Michael Terrence Kelly

Victim: Julie-Anne Trenery-Rogers

What happened?
Michael had a friend who died of an epileptic seizure in January 2012.  Michael became angry when later in the same month his son informed him that he had seen a man named Peter Brown taking items from the deceased friend's house.

Michael rang the police and then drove to Peter's house in Goroke with the intention of "giving him the hiding of his life".  Peter wasn't home but Michael did notice a 45 kilogram gas bottle in the yard, which he believed was taken from his deceased friend's house.

A little later, on 11 February, at somebody else's house, an altercation occurred between Michael's wife, Michael's son and Peter Brown.  Peter yelled "I'm going to kill someone, it's going to be another Horsham incident" (referring to this murder that occurred the day before).

Michael's wife later reported the incident to Michael, who was incensed.  He rose the next morning and began drinking at 10am, continuing throughout the day.  At 8:30pm he grabbed his .22 rifle and set off for Peter's house.

Police attend at Peter Brown's property (source).

Upon arriving, he fired off a shot through the front window and then forced his way into the house through the locked back door.  As he entered, Peter ran down the hallway to the front door.  Between the two men stood Julie-Anne, Peter's fiance, who cried out, "Don't do it!"

"Shut up, slut," Michael said, before firing off another shot at Peter.  The bullet entered Julie-Anne's back and pierced her heart, killing her at the scene.

Meanwhile, Peter was hiding at the back of his property.  After an unsuccessful search, Michael fired one more shot into Peter's car before driving away.

Victim's background
Julie-Anne was 35 years old and 20 weeks pregnant when she died.  She had another five children, aged from 20 months up to 14 years.  She was engaged to marry Peter Brown.  Julie-Anne's mother and brother have since had to rearrange their lives in order to care for the five children.  One of Julie-Anne's sons wrote in his victim impact statement, "There is only one Mum in the world for a child".  One of her daughters also wrote "Everything I pictured with Mum I don't picture anymore and I struggle to see my future".

Julie-Anne (source).

Convicted's background
Michael was around the age of 47 years old at the time of Julie-Anne's murder.  He grew up in Adelaide and was gang raped in Canberra at age 15.  He left school in Year 10 and subsequently held a number of jobs in manual labour and as a tattooist.

He has a history of poor health, suffering from three heart attacks since the mid-1990s.  He also had sciatica since 1995 and around 1998 contracted a post-surgical infection following carpal tunnel surgery.  He has been on a disability pension since 1995.  He also describes himself as an alcoholic.

Michael Drummond (source).

His first marriage ended after his wife cheated on him with his brother.  In response, Michael set the family home on fire and was convicted for arson.  Since then, he remarried and has five children.

He also has prior convictions for offences relating to dishonesty and property damage.

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

Although he did not intend on killing Julie-Anne, he was nevertheless charged with murder because in Victoria, a person who unintentionally kills another in the course of a violent crime is liable to be convicted of murder as if they had done so intentionally.  This is sometimes referred to as statutory murder.  Michael's lack of intent remained relevant, however, when determining the appropriate sentence.

Sentence: 16 years before eligible for parole (19 years maximum), with over a year already served while on remand.

You can read the judgment here.  News articles are available here, here and here.

Geelong Man Kicked to Death for Defecating on Floor

A 55 year old alcoholic was bashed to death in a Geelong hotel.

Crime:  Murder / manslaughter

Occurred:  Sunday, 2 October 2011

Where:  Sir Charles Hotham Hotel, Geelong

Convicted #1:  Bradley James Walters (murder)

Sentenced:  7 December 2012

Convicted #2: Brett Ross Drummond (manslaughter)
Sentenced: 13 March 2013

Victim: Edwin Singer

What happened?

Bradley, Brett and Edwin were residents at the Sir Charles Hotham Hotel in Geelong.  Bradley and Edwin were unemployed alcoholics.  Brett worked in a local factory and also drank heavily.

Bradley and Brett were friends with the hotel cleaner, who had complained for some time about Edwin's habit of defecating in public areas of the hotel.  Over a number of incidents she discovered faeces on the carpet and sheets in his room, in the foyer, out on the street and in the bathroom.  Hotel residents, including Bradley and Brett, were growing increasingly upset at this behaviour.

On the Saturday before his death, a large smear of faeces appeared on the hallway carpet outside the bathroom door.  A trail of footsteps led back to Edwin's room.

Bradley confronted Edwin and told him he had a day to clean up the mess, but Edwin denied responsibility.

On Sunday, Bradley drank five to six litres of cask wine before intercepting Edwin on his way to the bathroom.  Bradley punched Edwin until he was on the floor and then kicked him repeatedly with his steel capped boots.

Bradley returned to his drinking while Edwin crawled back to his bedroom.  At various points in the evening Bradley returned to continue his assault on Edwin, at one stage accompanied by Brett, who also joined in the beating and who had consumed at least ten beers.

Later in the evening, the men dragged Edwin out to the fire escape.  He was either dead at the time or died soon after while he was at this location.  The men later dumped Edwin's corpse in a driveway neighbouring the hotel.

Victims' background

Edwin Singer (source)

Edwin, who was 55 years old at the time of his death and suffering from emphysema, died from blunt force trauma and sustained a number of injuries including a fractured nose, sternum and 27 rib fractures.  He is survived by a sister, a daughter and a step daughter.  His daughter, who was already suffering depression before his death, has deteriorated in mental condition since he was killed and now requires significant care from her step sister.  He was 55 years old when he died.  A year before his death he had participated in a newspaper interview and told journalists that he was a former social worker and had worked at Deakin University, but it is not clear whether this was true.

Convicted #1's background

Bradley was 45 years old at the time of the attack.  Born in Geelong, the middle child of five children and the son of a truck driver and a canteen worker, he did not enjoy a good relationship with his father and began drinking on a daily basis by the age of 17.  He left school at the end of Year 11.  At 22 he left home and fell in and out of employment, ending up mostly working in fruit picking, a lifestyle that enabled him to continue to drink heavily.

By the age of 27 Bradley had two children to another alcoholic, Pauline.  The couple were unable to look after their children and when the kids were aged 5 and 7 they were placed into the welfare system and Bradley has not seen them for over 12 years.

The Sir Charles Hotham Hotel (source)

A psychologist who interviewed Bradley for his trial observed that Bradley 'seems to be of the view that alcohol is the only thing that can give his life even the most fleeting sense of meaning'.

Convicted #2's background
Brett was approximately 44 years old at the time of the murder.  Born in Geelong, he was the middle child among six siblings.  His mother and father were both alcoholics and Brett suffered sexual abuse at the hands of two uncles.  By the time he was six years old, all of the children in the family had been placed into alternative care.  Brett spent the rest of his childhood in and out of boys' homes.  He began drinking at 14.  He left school after Year 10 and worked as a factory hand and woodcutter.  A psychologist described that at the time of sentencing Brett was "bordering on frank alcoholism".

Brett has a low IQ.  He has a prior criminal history that includes three assaults, dishonesty and driving offences, and a period of imprisonment.  At the time of the manslaughter he was on a suspended sentence for driving offences.

Outcome of trial

#1:  Bradley confessed what he did to police and was willing to plead guilty to manslaughter, but due to a number of factors (including that he continued to return to Edwin for more beatings throughout the night of the murder, indicating deliberateness), the prosecution pursued a murder charge and the matter proceeded to trial, where Bradley was found guilty by a jury of his peers.

#2:  Similarly, the prosecution pursued a charge of murder against Brett but changed its mind shortly before the sentence was handed down.  Brett pleaded guilty to the lesser charge of manslaughter, and no trial was necessary.

Sentence

Bradley was sentenced to 17 years imprisonment before eligible before parole, 20 years maximum.  The judge recognised that Bradley had already served well over a year of his sentence whilst on remand.

You can read more about the crime here and here and the judgement for Bradley here and for Brett here.

The crime scene near where the body was found (source)

Doncaster Dad Stabbed Wife to Death - Not Guilty

A woman was killed by her psychotic partner in front of her 11 year old daughter.

Crime: Murder (not guilty)

Occurred: 8 August 2010

Where: Marilyn Street, Doncaster

Sentenced:  1 March 2013

Not convicted:  Sestilio Cavallari

Victim:  Susan Wood

What happened?
Sestilio and Susan had been in a de facto relationship since 1985.  They had an 11 year old daughter, Tegan.  In the days leading up to Susan's death, Sestilio was acting a little off.  On 6 August 2010, he stood up his wife for lunch and later they had an argument.  He also booked a ticket to Italy, telling the travel agent that he needed to go by 9 August because "something bad [was] going to happen".  When the travel agent later rang to tell him that his Italian passport was expired and he wouldn't be able to use it for travel, Sestilio said he was already aware that was the case.

Susan was so worried by her partner, who was not talking much sense, that she rang her father to express her concern.  She asked her dad and brother to come over, but Sestilio took the phone and said that it was not necessary.  After another argument, Sestilio left the house and later returned, eventually tearing up his plane ticket. "I'm not going, but something's going to happen," he said.

Later that night, upon her father's request, Tegan slept in his bed.  Throughout the night she heard him say, "They're gunna take me away, they're gunna lock me up and your mum will know what she's done to me."

The next morning, Tegan heard her parents arguing and then her mother started screaming.  She ran into the bedroom to see that Sestilio was attacking and scratching Susan, and there was blood in her hair.  Susan cried out for Tegan to call triple 0.  Sestilio dragged Susan by her hair into the kitchen.  By the time Tegan had called emergency services and returned to the kitchen, her mother had been stabbed 37 times.  She died of wounds inflicted to her neck.

The street where Sestilio and Susan lived (source).

Victim's background
Susan is reported to have been 52 years old when she died. She was an associate director of an investment group.  She worked full time while Sestilio was the primary carer of Tegan.

Sestilio's background
Sestilio was reported to be 56 years old at the time of the murder.  Medical experts at his hearing described that during the murder and afterwards, he was in a psychotic state.  However, no underlying disorder (ie schizophrenia) had been diagnosed at the time of the hearing.  One doctor noted Sestilio's wish to reconciliate with Susan's family, and that as Sestilio tries to maintain a relationship with his daughter in the future, he will be at increased risk of depression and a relapse into psychosis.

Before and during the hearing, Sestilio was a patient at the Thomas Embling Hospital.

The Thomas Embling Hospital in Fairfield (source).

Outcome of trial
In 2012 a jury found that Sestilio was unfit to stand trial.  A subsequent hearing occurred before a judge who, after considering the evidence of several medical professionals, determined that Sestilio was not guilty on the basis of mental impairment.

The judge noted that Susan's brother, Dr Graeme Wood, had been receiving "persistent" contact from the hospital where Sestilio was staying, which was "on the surface of it, appear[ed] to be extremely insensitive".  The judge further observed that the particular order imposed on Sestilio did not enable conditions, but recommended that hospital staff discuss the issue with Dr Wood.

Sentence: Sestilio was made liable to a custodial supervision order and committed into the custody of the Victorian Institute of Forensic Mental Health.  The nominal term of his order is 25 years beginning from 8 August 2010.

You can read the judgment here.  A news article is available here.  You can find more information about mental impairment and custodial supervision orders in the Victorian criminal justice system here.

69 Year Old Vigilante Stormed Hidden Valley

A 62 year old man was tracked down in the White Pages and murdered.

Crime: Murder

Occurred: 23 November 2011

Where: Hidden Valley

Sentenced:  28 February 2013

Convicted:  Clarence Stanley Nelson

Victim:  Graeme Benney

What happened?
Clarence and Graeme were acquainted through their wives, who were first cousins.  The two families spent a lot of time together while their children were young.  It was common for the kids to sleep in one room when the families were socialising.  However, the friendship drifted apart when Graeme and his wife separated in 1989.

In 2000, Clarence's children, now adults, reported among themselves instances of molestation at the hands of Graeme Benney and also Clarence's brother, Gregory Nelson.  No one went to the police regarding these allegations.

However, word did get to Clarence, and it appears he experienced some anger and held a grudge, for 11 years later he met an acquaintance at a shopping centre and produced a bullet from his pocket, describing it as intended for his brother.

In November 2011, following an instance where Clarence licked the inside of his 5 year old granddaughter's ear, one of Clarence's daughters alleged that Clarence had molested her until she was 15 years old.  Following a confrontation outside his son's home, Clarence's son told him "I know what you did...I'm going to bring your world undone.  You're fucked."

Clarence was unable to contact his daughter who made the accusations.  Instead, he walked into the garage and emerged with a 9mm semi-automatic pisto and ammunition.  The first target was his brother, but Clarence was unable to track down Gregory through the White Pages and family enquiries.

Clarence then turned to tracking down Graeme.  He drove to Graeme's address, arriving at roughly 8:15pm, whereupon he went inside and had a superficial, pleasant conversation with both Graeme and his wife.  Clarence then asked Graeme to join him outside to inspect some panel damage on his car.  Once outside, Clarence reached into his car, pulled out the gun and shot Graeme three times, saying "This will teach you, you bastard, for everything you've done" while Grame's wife stood nearby.

Graeme died of blood loss and internal organ trauma.  He suffered wounds in the heart, lung, stomach, bowel and kidney.

Later that evening, Clarence turned himself in at the Epping Police Station.

Victim's background
Graeme was 62 when he died.  He remarried in 1993 and lived in Hidden Valley with his family.  He leaves behind a widow, children and grandchildren.

A 9mm semi-automatic similar to the model used by Clarence (source).

Convicted's background
Clarence was 69 at the time of the murder.  He was born the eldest of eight children.  His father was a World War II veteran, who returned home to Australia injured and alcoholic.  Clarence grew up suffering physical abuse at the hands of his father and was also molested between the ages of nine and 12 by his father's friend.  He was pressured into a sexual relationship with his mother's best friend when he was 14.

Clarence finished Year 10 at a technical school and became a fitter and turner.  Successful in his career, he was an engineering manager at Carlton and United Breweries until he needed quadruple bypass surgery in 1990.

Clarence was a well-regarded member of his local parish and cared for his wife who suffered from a mental illness.  He had no prior convictions before the murder.

When first imprisoned, he attempted suicide.  He continues to suffer health issues today.  In sentencing, the judge remarked that he may die in prison.

Outcome of trial: Clarence pleaded guilty and no trial was necessary.

Sentence: 12 years before eligible for parole, 18 years maximum.

You can read the judgment here.  News articles are available here and here.

Hidden Valley (source).

Dromana Woman Died in Post-Coital Attack

A 54 year old woman was beaten to death after sex.

Crime:  Murder

Occurred:  26 April 2011

Where: Unknown address, Dromona

Sentenced:  19 February 2013

Convicted:  Dwaine Anthony Grant

Victim:  Julie Simmonds

What happened?

Despite the 22 year age gap between the couple, Dwaine and Julie had a sexual relationship dating back to Dwaine's early teens.  Over the last year, since Dwaine had moved to Dromona, the two were regular drinking buddies.  On the day of the murder, they drank cask wine and smoked pot together.  Later in the day, they had sex and then something, it is not clear what, made Dwaine snap.  He called Julie a "fuckwit" and a "gutter slut" and proceeded to beat her viciously, beginning in the living room and then moving into the bedroom, choking her to the point of crushing her larynx, ripping chunks of hair right off her scalp and battering her all over, including around her genitals and anus. He held her by the hair while punching her and finished off by repeatedly hitting her over the back of the head with a lump of wood. Julie died of "multiple injuries including neck compression" and was alive for the entire beating.

Victim's background

Julie, aged 54 at the time of her death, was an alcoholic.  She left behind three children and an ex-husband.  In sentencing, the judge commented that Julie's family were left with "a cruel and unjustified feeling that they did not protect her adequately in the vulnerable state which it was plain her alcoholism created".

The Dromana pier (source).

Convicted's background

Dwaine was 22 years old when he murdered Julie.  His father died before he was born and his mother found an undesirable de facto partner.  Dwaine experienced sexual abuse, witnessed ongoing domestic violence, and spent his earlier years in foster homes. Early on, Dwaine began racking up a series of offences in the Children's Court, related to dishonesty and motor vehicle offences.  He moved to Melbourne as a young adult and obtained a series of partial trade qualifications before he was sacked for his alcoholism.  In 2010 he moved back to Dromana where he spent his days drinking and lived on welfare.  As well as alcohol, Dwaine was a cannabis and (alleged) amphetamine user.

Dwaine also held a number of convictions in the Magistrates Court, none of them related to violence.

Dwaine and Julie drank cask wine on the day of the murder (source).

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

Sentence:  16 years before eligible for parole, 20 years maximum.

You can access the judgment here.  Media articles are available here and here.

Baby Died in Glenroy Driveway

A ten month old baby died inside a closed car on a warm day.

Crime: Manslaughter

Occurred:  5 November 2011

Where: Glenroy

Sentenced: 12 February 2013

Convicted: Michelle Nguyen 

Victim:  Thy Tran

What happened?
At approximately 11:30am on a warm spring Saturday, 20 year old Michelle Nguyen took her two daughters, Thao and Thy, for a drive around the neighbourhood so that they would fall asleep.  When Michelle arrived back at her friend's house, Thao awoke and Michelle took her inside, leaving Thy inside the car to sleep.

A little later, Michelle checked on her baby, made sure she was still asleep, and then shut the car door without leaving the window down.  The temperature outside was 28 degrees celsius.  During the next few hours, the temperature inside the car reached almost 49 degrees. Meanwhile, inside the house, Michelle fell asleep watching tv.

At 2pm, Michelle awoke and checked on her baby to make the horrific discovery that her child was dead.  Michelle moved the baby inside, rang emergency services and tried to resuscitate her with no success.  When paramedics arrived, Michelle initially stated that her child had died inside the house, but this story did not add up; even deceased, Thy's temperature had a reading of over 41 degrees celsius.  Later she admitted to police that the death had occurred inside the car. Thy died from hyperthermia.

Victim's background
Thy Tran was a 10 month old baby when she died.  Her father was in prison at the time of her death.

Convicted's background
Michelle's mother was 14 when she had Michelle in Australia.  Both of Michelle's parents were heroin users and split up when Michelle was 11.  She has one half-sister.  She attended Marion College in Sunshine West until Year 10 and later began a hairdressing course at Vic Uni.  Around this time, she entered into a relationship with a heroin trafficker 12 years her senior.  She had her first child at 17 by accident and had her second daughter, Thy, when she was 19.  Shortly after Thy's birth, Michelle's partner was imprisoned for drug related offences.

At the age of 16, Michelle became a regular user of ice and methamphetamine and developed a heroin addiction.  While pregnant she moved onto alternative therapies and participated in a specialist program at Sunshine West for drug dependent expectant mothers.  After her children were born she resumed using heroin.

At the time of Thy's death, Michelle was not enjoying a good relationship with her mother and was staying at a friend's house who provided a mattress to accommodate Michelle and her two daughters.  In the time leading up to her baby's death, Michelle had been warned by several individuals to be careful about leaving her in the car alone.

Shortly after her baby's death, Michelle's partner was released from prison, and was allegedly physically abusive towards Michelle and destroyed her possessions until she broke off contact with him.

Michelle had no prior convictions when sentenced.

Michelle Nguyen in Court (source).

Outcome of trial: Michelle pleaded guilty so a trial was unnecessary.

Sentence: Nine months minimum before eligible for parole, four years maximum.

You can read the judgment here.  News articles are available here, here and here.

Refugee Strangled to Death by Husband in Hampton Park

A 33 year old woman was murdered in front of her two children.

Crime: Murder

Occurred:  20 November 2007

Where:  41 Michelle Drive, Hampton Park

Sentenced: 8 February 2013

Convicted:  Soltan Ahmad Azizi

Victim:  Marzieh Rahimi

What happened?
Sometime after 1pm on Tuesday, a neighbour heard a baby crying followed by a man and woman arguing and then a woman trying to scream.
Inside the house, the fight between Soltan and Marzieh escalated.  Soltan punched Marzieh several times in the head and face and strangled her to death with her scarf.  He rang police at 2:23pm to report what he had done.

The couple's marriage
Soltan and Marzieh were cousins who entered into an arranged marriage in Afghanistan when Marzieh was 19 years old and Soltan 29.  According to Marzieh's sister, Marzieh reported domestic violence from the very first night of the marriage.

The couple had two children during their four years in Afghanistan.  Their eldest daughter was killed by gunfire when she was three years old.

The couple and their remaining child fled to Iran as refugees and lived in the alleyways of Tehran, while Marzieh had two more children and Soltan worked as a cobbler and teaboy.  They came to Australia as refugees in 2005 and had another two sons, settling in Hampton Park in 2007.

The family home at 41 Michelle Drive, Hampton Park (source).

In the months leading up to the murder, the relationship between Soltan and Marzieh became hostile.  Marzieh was contemplating leaving Soltan, and had reported instances of domestic abuse to her sister (who was now residing in the USA) and social workers.  She was afraid of Soltan.  One conflict a few weeks before her death saw Marzieh locking herself in the bathroom with her two youngest children for a number of days.  On two occasions during this period she rang 000 for assistance but, unfortunately due to language difficulties, no assistance was provided.

One week before Marzieh's death, Soltan rang up Marzieh's sister and told her that Marzieh had changed religion, had become too Australian and was intending to divorce him.  Marzieh's sister then counselled Marzieh over the phone to reconcile with her husband, but Marzieh stated that she was going to leave Soltan and there were a number of organisations who could provide the support to do so.


Victim's background
Marzieh was only 33 years old when she was killed.  She has left behind five children who now under foster care.  Victim impact statements were also provided by Marzieh's mother and sister.

Marzieh suffered severe panic attacks and a social worker who spent some time with Marzieh suspected that she suffered from post traumatic stress disorder following her horrific experiences in Afghanistan.

Soltan Azizi in court (source).

Convicted's background
Soltan was 43 years old when he killed his wife. Born and raised in Afghanistan, he completed high school and studied economics at Kabul University for four years before dropping out to join the police force.

After the Afghanistan government fell in 1992, he and his family became the subjects of targeted violence. His mother and sister were killed in a house bombing, and his brother was captured and tortured by the Taliban. In 1998, Soltan and Marzieh's family home was attacked by gunmen and their eldest daughter was shot to death.

Upon moving to Australia, Soltan studied English at tafe but did not work.

Soltan had no prior convictions.
 
Outcome of trial:  Although Soltan admitted to police at the scene that he killed his wife, he pleaded not guilty to her murder and underwent a trial where he was found guilty and sentenced in 2010.  However, this verdict was set aside by the Court of Appeal who found that evidence of his abuse against Marzieh at his trial was inadmissible.  Accordingly, the Department of Public Prosecutions pursued a retrial, where Soltan again pleaded not guilty but a jury verdict found otherwise.

Sentence:  16 years minimum before eligible for parole, 20 years maximum.  The judge recognised that over 5 years of his sentence had already been served.

You can read the judgment here.  Media articles are here, here, and here.