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.

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.