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.

Brutal Assault in Swan Hill

 A 65 year old man was beaten to death in his own home.

Crime: Murder and theft

Occurred: 28 September 2011


Where: Harrisen Crescent, Swan Hill

Sentenced: 6 February 2013

Convicted: Darren Williams

Victim: Gary John Beggs

What happened?
Darren and Gary became acquainted in Bendigo when Darren asked Gary for a lift to Swan Hill for $20.  Gary obliged.  Six days later, over a cask of wine with his friend Kim (who happened to live on the same street as Gary), Kim told Darren that Gary was gay and was involved in a dispute with Kim over some money that she owed him.
Darren was disturbed at hearing this news, and as more people came to the premises that day for a party, he was heard by witnesses to make threats that he was "going to do the old fella over".
The party finished up at midnight but Darren stayed up and continued drinking.  Eventually, he grabbed a knife from the kitchen and walked down the road to Gary's house.
Shortly before the attack, Darren became convinced that Gary had sexually assaulted him.
Gary was in his lounge room when Darren stabbed him in such a frenzy around the chest and face that the knife broke off after becoming stuck in Gary's right eye.  Darren also dropped a stone statue on Gary's head, fracturing his skull.
Gary died of head and chest injuries.
Following the murder, Darren stole Gary's Toyota station wagon and dumped it in Dareton, New South Wales.

Victim's background
Gary was 65 years old when he was killed.  He is survived by his intellectually disabled 11 year old son, Nathan.  Nathan's mother left the family when he was three years old, and he was raised by Gary until he was 8 and then placed into the care of the Department of Human Services.  Nathan looked forward to his father's visits, and since his father's death has regressed.
Gary also left behind a brother in Austria.

Convicted's background
Darren was 37 years old at the time of the murder.  He was one of nine kids.  Darren was sexually abused as a child.  He told police that Gary had also sexually assaulted him, though he was unable to convince the sentencing judge on a balance of probabilities that this was the case.
Darren's mother died of cancer when he was 11, and his father died of diabetes-related complications when Gary was 35.  Gary was of Aboriginal, Afghani and Irish origin and identified as Aboriginal.  He spent most of his life at the Manatjira Mission in Dareton, New South Wales.
Darren dropped out of school around year 10, and worked seasonally in number of jobs including woodcutting and fruit picking.  He became an alcoholic by the time he was 18, and continued to abuse alcohol up until the murder.  Throughout the years he incurred a string of violent convictions dating back to when he was 21, spending over 5 (non-consecutive) years in prison.
He has a daughter who lives with her mother.

Outcome of trial:  Although Darren initially pleaded not guilty to the murder, he changed his plea to guilty and there was no need for a trial.

Sentence:  Darren was sentenced to 14.5 years imprisonment before eligible for parole, 17.5 years maximum. Darren served 494 days of his sentence while in remand.

You can read the judgment here, and media articles here and here.

The township of Swan Hill (source)