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.

Three Year Old Killed in Lalor

A three year old boy died in the back of a car boot.

Crime:  Manslaughter
Occurred:  4 March 2010
Sentenced:  2 February 2011
Where: Lalor area
Convicted:  Gursewak Dhillon
Victim:  Gurshan Singh

What happened?
Gursewak and his family lived with another family at 28 David Street in Lalor.  At around 11.30am on a Thursday morning, he opened a door without realising that Gurshan Singh, a three year old son of the other family, was on the other side.  The door struck the boy in the head and knocked him unconscious.  Gursewak, who had outstanding immigration violations, was scared that he would get in serious trouble from migration authorities if the police or ambulance attended the house.  He put the boy in the boot of his car and drove around the area for two hours, in which time the Gurshan either suffered from fatal heatstroke (the boot would have reached temperatures over 40 degrees Celsius) or asphyxiated.  At one stage Gursewak drove past the Northern Hospital but did not stop in.  He eventually ran out of petrol and flagged down a lift to the petrol station from a motorist while the boy remained in the boot. At this stage he checked the boot to see that Gurshan was no longer alive.  He dumped the corpse in long grass at Oaklands Junction, near Melbourne Airport.  A truck driver discovered the body at 6:20 that same evening.  Meanwhile, Gursewak returned to David Street where he denied any knowledge of the boy's whereabouts until three days later.

Gurshan and his mother

Victim's background
When Gurshan was discovered missing, a statewide campaign was launched to look for the three year old child.  When he was struck by Gursewak his mother was in the shower and his father was at the local library.  Since arriving in Australia two months beforehand, Gurshan was at times sick from the Melbourne heat.  On the day of his death he had not eaten anything.  His parents expressed their devastation through a victim impact statement which was considered in the judge's sentence.  They have returned home to India.


Convicted's background
Gursewak was 24 years old when he killed Gurshan.  He grew up in India and came to Australia on a student visa in 2006.  Gursewak did not complete his studies (which may have led to his immigration problems) and found work as a courier and taxi driver instead.  His wife and daughter lived with him in Melbourne for a time but are now in India.  

28 David Street Lalor where the initial incident occurred

Outcome of trial: Gursewark pleaded guilty before his committal hearing so a trial was not necessary.  He did not apply for bail while awaiting sentencing.




Sentence:   Three years before eligible for parole (five years max).  He has already served nearly one year of his sentence in remand.  Upon being freed he will be deported back to India.

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

Where the body was found

Glenroy Man Beaten and Set Alight

A 48 year old man was beaten in his boarding home and later set alight.

Crime:  Intentionally causing serious injury (victim later died)
Occurred:  8 March 2009
Sentenced:  2 February 2011
Where: 116 Loongana Avenue, Glenroy
Convicted:  Darryl McHarg and Wayne Arthur
Victim: Shaun Moloney

What happened?
Darryl McHarg and his girlfriend, Wayne Arthur and Shaun Moloney all lived in a boarding house together.  Darryl and Wayne formed the belief that Shaun had sexually assaulted Darryl's girlfriend's son (although there was no basis for this belief).  They entered his room in the early hours of 8 March and, after a heated argument, beat him unconscious, punching him in the abdomen, face and head.  Believing him to be dead, they put him in the back of a car and drove him out to an empty suburban block in Strathmore and set him on fire, this act ultimately killing him.  At the time of the attack Shaun had a blood alcohol reading of 0.51% and the pathologist speculated this also could have contributed to his death.

Shaun Moloney shortly before his death

Shaun Moloney in 1987

Victim's background
Shaun Moloney was 46 years old when he was killed. He used to work for Ansett and travelled the world.  Following the death of a close friend he spiralled into depression.  He was known to frequent pubs around the Pascoe Vale area and was described by an investigating police officer as someone who 'certainly...liked a beer'.  Described by family as friendly and generous, he lived on a disability pension but freely loaned people money.

Wayne's background
Wayne was 49 at the time of the attack.  He was raised in Melbourne and had three siblings.  He caught meningitis as a child and developed treatment-resistant epilepsy, which contributed to his social isolation in adulthood while he lived on a disability pension. He had one previous conviction for intentionally or recklessly causing injury and resisting police. He is single with no children.

Darryl's background

Darryl was 30 years at the time of the attack.  He was born to a 16 year old mother and his father was killed in a motorcycle gang fight when Darryl was six.  At the age of three he was a subject in pornographic photographs and was sexually abused throughout the rest of his childhood.  His list of abusers included his grandmother.  He left school before completing Year 8 and began using a range of drugs including heroin.  He has a series of prior convictions in three different states including assault, threatening to kill, carrying a controlled weapon and motor car offences.  It is believed his history of sexual abuse contributed to his irrational belief that Shaun had been sexually abusing Darryl's girlfriend's son.  Darryl has one daughter, who was born after his fatal attack on Shaun.

Outcome of trial: There was no trial because both men pleaded guilty to intentionally causing serious injury. It is believed it would have been very difficult to convict the men of murder because they thought Shaun was already dead when they set him alight.  Another theory is that the causal connection between the fire and the death could not be established because it was also possible the high alcohol content in Shaun's blood killed him.  In any event, as a private agreement between the prosecution and defence, we may never know why this deal was made.

Sentence:  Both offenders received three and a half years imprisonment until eligible for parole (max six and a half years).  They have served about 18 months of their sentence while in remand.

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