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.

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