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.

Burned Alive by Boyfriend Who Prevented Onlooker Assistance

Crime:  Murder
Occurred: 1 June 2010
Sentenced: 19 October 2011
Where: Safeway Service Station, Mountain Highway, Bayswater
Convicted: David Warwick Hopkins
Victim: Nicole Joy Millar

What happened?
On a Tuesday morning, David and his de facto partner Nicole dropped off Nicole’s son at Bayswater Secondary College.  They then drove to Woolworths where the CCTV recorded them stopped in the car park for about five minutes.  No one knows what was said during these few minutes.  Nicole then drove into the Safeway Service Station. David got out of the car, grabbed the petrol pump, went back into the car and began spraying petrol all over Nicole, restraining her from getting out of the car even though she was sounding the car horn and screaming for help. Removing a knife from his pocket, he slashed her throat and then lit her alight with a cigarette lighter. He jumped out of the car as his partner was engulfed in flames.

Nicole managed to drag herself out of the driver’s door, falling to the ground.  For three minutes and 21 seconds she writhed on the ground in agony, screaming for the whole time, while David stopped anyone from coming to her assistance, telling them “fuck off, I’m going to kill you”.  He stabbed himself with a knife he had been carrying in the chest and throat (superficially).  The whole event was captured on CCTV. David stood by and said “burn bitch burn” and “hurry up and burn”.

The fire quickly destroyed the car.

Eventually, when a member of the public in desperation tried to run over David in his car, David left the scene and onlookers extinguished the flames on her charred body. David, who had fled, was later found at the back of a church by police and was sprayed with capsicum spray three times which failed to have any effect.  He held onto the knife in a standoff with police for two hours before surrendering.

Nicole's daughter, Ashley, misses her Mum.

Nicole was taken to hospital where she begged an anaesthetist “please don’t let me die”.  However, her burns were too severe for survival.  Doctors could only place her into a painless sleep; she died later that same evening.

Victim's background
Nicole was 42 when she was murdered.  She had been involved in a string of abusive relationships throughout her life.  She was a cleaner and then a driver for an automotive firm.  She was a regular drug user and had three children aged from 15 to 22.  Nicole moved in with David two years earlier and he proved to be no exception to her pattern of destructive relationships.  In the days leading up to her death, David would come to Nicole’s work place threatening to kill her and physically abusing her and her employer.  People who knew her said that she was terrified of David.  However, between the workplace incidents and the day of her death, she had reconciled with David and they were happy that morning when they dropped off her son to school.

The onlookers

The witnesses to this event were extremely traumatised.  Some tendered victim impact statements to the court.  One man suffered post traumatic disorder to such an extreme extent he has spent several months since in a psychiatric hospital.  Another person is unable to go to the petrol station anymore.  Another witness speaks of her distress at approaching the victim and then fleeing in horror: “I just ran away, I could not bear to look at the girl. She had plenty of people to help her and the sight of her was just horrific…I haven’t been able to sleep at all since it happened.”

In sentencing the judge described David’s actions as ‘the worst kind of viciousness and sadistic behaviour that a court is likely to ever see’.

The petrol station where the murder occurred.

Convicted's background

David was 40 at the time of the murder.  He was one of seven children and has a twin brother.  His father was a fireman and his mother was a housewife. Suffering with dyslexia, he repeated Year 7 (during which time he also hit a teacher) and was expelled from a technical school in Year 8 after abusing the principal. 

David arrives to Court for sentencing.

He had a range of mostly unskilled jobs ranging from tree lopper, petrol attendant and constructing pool tables before building up a successful business in shedding which collapsed due to his drug addictions which ranged from heroin, ice, prescription drugs and anabolic steroids.

David has three sons to two different women.

In the 24 hours leading up to Nicole’s death, David consumed a cocktail of drugs but his calmness upon arrest and lucid behaviour leading up to the incident led experts and the court to believe that he was not in psychosis during her murder.

Outcome of trial: David pleaded guilty to murder.  There was no need for a trial.

Sentence: David was sentenced to imprisonment for life.  Such a sentence is not limited to a specific time such as 25 years – a life sentence is for life.  The court can refuse to set a minimum sentence.  However, in this case the judge did set a minimum of 30 years before David will be eligible for parole.  Even David’s lawyer did not argue that a life sentence was not appropriate.

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

Jugular Slashed by Stranger in West Heidelberg

Crime:  Murder
Occurred: 21 November 2009
Sentenced: 4 October 2011
Where: Alamein Road, West Heidelberg
Convicted: Tjay Tunja
Victim: Rowan Biram

What happened?
Rowan came out of his house after hearing a dispute across the road, where Tjay and some friends were gathered.  Rowan yelled at the men to keep it down and stop screaming at each other, but this only antagonised Tjay’s group and two men set on Rowan, fighting him into the front yard of the house next door to Rowan’s.  Rowan fought back and at one stage was on top of one of the men when Tjay jumped into the fray and slit Rowan’s throat, a wound that ran 12cms long, nine cms deep and passed through the jugular.  He died on the scene.

Victim's background

Rowan was 38 years old when he was killed. Victim impact statements were made by his mother, brother, ex-girlfriend, housemate and neighbour who described him as a kind, generous, funny, intelligent and loving man.  He did not like his neighbourhood and had packed his belongings ready to move out to his dream house in Whittlesea. There had been hundreds of complaints from people to the Department of Housing about the house across the road.  Rowan liked motorbikes but had injured his leg in an accident.

Rowan and his best mate.

Convicted's background

Tjay was 24 years old when he killed Rowan and lived in Rosebud West.  His mother was born in London and he never knew his father.  He is the middle son of three boys, educated to Year 10 and worked in various odd jobs and gained certificates in hospitality.  Tjay has prior convictions which include assault, possessing a controlled weapon, theft and charges of causing serious injury (intentionally and recklessly).  He served three years in juvenile detention from 2003 to 2006. He has a history of substance and alcohol abuse but was not taking drugs at the time of the incident. A clinical psychologist who assessed Tjay shortly after the killing described him as “remarkably normal… in absence of psychopathology”.

A photo on Tjay's Facebook page.

Outcome of trial: Tjay pleaded not guilty to murder but a jury found otherwise.

Sentence: 19 years minimum before eligible for parole (24 years max).  Tjay has already served nearly two years of his sentence in remand.

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

Police at the scene.

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.

King Hit in Yarraville

Crime: Manslaughter
Occurred: 14 July 2009
Sentenced: 16 August 2011
Where:  Outside the Blarney Stone Irish Pub in Yarraville (35 Anderson Street)
Convicted: Jacob Polutele
Victim: Cain Aguiar


What happened?
On a Thursday night (9 July 2009) at the Blarney Stone Irish Pub, Cain Aguiar had the misfortune of chatting to a young lady who was with a man named Foster Akoteu.  Foster was jealous that his lady friend was talking to Cain and decided to fight him. Outside the Blarney Stone, Foster and his friend Sioeli Seau set upon Cain, hitting him with bottles and trying to bring him down but Cain remained standing, defenceless to the attack.  Jacob, who was out with Foster and Seau and wanted to "help", ran up to Cain from the side and hit him in the face, which caused him to fall to the ground and smack his head hard against the curb with nothing to break his fall.  Foster then kicked and stomped on Cain's head and said, "Welcome to Australia, bitch".

Cain Aguiar

Cain suffered horrendous brain injuries and his family, who flew in from Canada, made the decision to turn off life support days later.


Cain's background
Cain was 25 years old when he was killed.  As a Canadian, he had come to Australia to begin a new life and had been in Australia for a month, living with relatives.  He was a qualified pilot and financial analyst and had come to Australia to pursue a new career.  He has left behind his parents, grandparents, sibilings and a nephew.


Jacob's background

Jacob Polutele

Jacob was 22 years old at the time of the attack and on a suspended sentence for causing serious injury in an unrelated case.  He is of Tongan origin and has four siblings.  Jacob left school part way through Year 11 and became involved in amphetamines and ecstasy, working as a labourer and in meat works.  Jacob's drinking began to interfere with his work and he spent six months unemployed before he attacked Cain.


Outcome of trial: Jacob pleaded not guilty to manslaughter but a jury found otherwise.


Sentence:  7 years before eligible for parole (10 years max).  This was the same sentence as the one handed down to Foster.


You can read the judgement here or listen to it here.  Media coverage is available here and here.

Senseless Pakenham Attack

Crime: Manslaughter
Occurred: 8 November 2010
Sentenced: 15 August 2011
Where:  Outside Pakenham McDonalds (Princes Highway, Pakenham)
Convicted: RPJ (unidentified minor)
Victim: Cameron Lowe


What happened?
On 6 November around 12am on a Saturday night, Cameron, his two brothers and some friends went to Hungry Jacks, before walking over to McDonalds nearby.  They were denied service at McDonalds because they went through the drive-through on foot.
RPJ was on a party bus which stopped off at McDonalds.  He had consumed 15 Pulse vodka energy drinks.  As he got off the bus he said he wanted a fight, and his mates told him not to be silly.  Nevertheless, he encountered Cameron's group outside McDonalds and there was a bit of back and forth.  Cameron commented sarcastically that he was a drug dealer and asked RPJ not to speak to him.  RPJ then punched Cameron in the side of his jaw and knocked him unconscious.
Cameron was assisted by his brothers and went home.  The next morning no one was able to wake him.  He was taken to hospital but on 8 November had life support switched off due to no signs of brain activity.


Cameron's background
Cameron was 17 years old when he died.  He was a former student of Drouin Secondary College.  After his death his parents donated his organs, which have gone on to save the lives of others.  His family have been devastated by his loss.  A Facebook tribute page was set up to honour Cameron's death, which subsequently attracted negative and hurtful comments by trolls.


RPJ's background
RPJ was 17 years old at the time of the attack.  He left school in Year 8 and completed an apprenticeship as a floor tiler.  He has had no previous convictions.  A week before killing Cameron, he attended a party where he saw someone he didn't like and announced "I want to hit that kid with the red hair" and later punched the red-haired boy unconscious.


Outcome of trial: There was no trial because RPJ pleaded guilty.


Sentence:  Six and a half years imprisonment (nine years max), having served two days already in custody.


You can read the judgment here and media coverage here and here.

Another Life Taken at Notorious St Kilda Hotel

Crime:  Murder
Occurred:  28 February 2011
Sentenced:  1 July 2011
Where: Gatwick Hotel, 34 Fitzroy Street, St Kilda
Convicted:  Neville John Morrison
Victim:  David Alexander Rodakis

What happened?
On 14 February 2010 (Valentines Day), Neville and his friend Robert Chaffey attended the St Kilda Festival.  They each drank a copious amount of cask wine during the day and into the night (Neville estimated 14 litres in total) at the Gatwick Hotel, where Robert had been living for the last three days. During the early hours of the next morning, Robert drunkenly decided that David Rodakis, another guest of the hotel, was a paedophille. Neville and Robert waited by David's hotel room.  At a bit past 5am, when David tried to enter his room, Robert and Neville attacked him in the hallway while it was recorded on CCTV.  The two men punched and kicked David in the head numerous times to the point where he lay lifeless on the ground.  Neville left the body and returned several times to continue his savage attack, stomping on David's head no less than 20 times.  When David was found he was taken to hospital and placed in an induced coma.  His brain injuries were so bad that his doctors believed he was in a vegetative state and there would be no chance of recovery.  He died thirteen days later of pneumonia.



Victim's background
David was 66 years old when he was killed.  He was an alcoholic who had lived at the Gatwick Hotel for years and never caused anyone any trouble.  He left behind a son who he hadn't seen since he was a baby.  In his victim impact statement, the son expressed sorrow that he never got to know his father before his death.

Convicted's background
Neville was 50 at the time of sentencing.  Born and raised in Australia, his parents were invalid pensioners and he was one of eight children.  He attended Footscray Tech until Year 9 and travelled the country busking, also working as a forklift driver and laborer but never holding down long term work due to his alcoholism.  His marriage (within which he had a son) ended in 2007 due to his drinking problem.  From this point he began living in his car until his brother offered to share his flat.  He had a prior criminal history that included car theft, drink driving, assault and receiving Centrelink payments when not entitled.


The Gatwick Hotel's background
The Gatwick Hotel is a hell-hole that has been the site of four violent deaths over the last six years.  You can read an interesting article about it here.


Outcome of trial: Neville pleaded guilty to murder and therefore a trial was not required.  In sentencing, the judge noted that his sentence was discounted three years in recognition of saving the family and community the pain and costs of a trial.

Sentence:  15 years before eligible for parole (19 years max). Approximately a year and a half of the sentence has already been served in remand. Neville's partner in crime is awaiting sentencing.

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