FORMER AFL player Nick Stevens has been granted bail just hours after being jailed for domestic abuse.

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NO EXCUSES EVER Big tough footy player thinks it is ok to thump his ex-partner around and abuse and harrass her over the phone and in person. Jailed for 8 pathetic months and walks out the door on bail after appealing.

I hope she is in a safe place. This could potentially end in another tragedy. Disgusting…

“The 34-year-old, who played 231 games for Carlton and Port Adelaide before retiring in 2009, told his former girlfriend he was going to kill her and her dad after smashing her face into a tiled kitchen wall, the court heard.”

Convicted AFL abuser Stevens bailed

Former AFL player Nick Stevens

A former AFL player jailed for domestic abuse has been granted bail after filing an appeal. Source: AAP

LAWYERS for the former Carlton star are appealing his eight month jail sentence and his conviction for bashing and threatening his ex-girlfriend.

Stevens, 35, was found guilty of smashing his ex-girlfriend’s face into a kitchen bench and threatening to kill her and her father. He will return to court in April.

His 12 charges include assault, intentionally causing serious injury, threatening to kill and threatening to inflict serious injury.
He also pleaded guilty to breaching an intervention order after sending 2,500 text messages to the woman. The former footballer was ordered to serve eight months jail time, a 12 month community corrections order and pay a $400 fine.
Stevens’ lawyers are also appealing the penalty for the intervention order breach. In sentencing Stevens earlier on Wednesday, Magistrate Nunzio La Rosa said he showed no remorse and wouldn’t hesitate to manipulate the victim both psychologically and emotionally. He said after police laid charges against Stevens, he twice called the victim and threatened her.


Nick Stevens, former Carlton and Port Adelaide player, jailed over domestic violence charges

Updated 59 minutes ago

Former AFL footballer Nick Stevens, who showed “no remorse” after bashing his former partner, has been released on bail after being sentenced to eight months in jail on charges relating to domestic violence.

Stevens was found guilty in January of assault, threats to kill and intentionally causing injury to his ex-partner while they were dating in 2012 and 2013.

The 34-year-old, who played 231 games for Carlton and Port Adelaide before retiring in 2009, told his former girlfriend he was going to kill her and her dad after smashing her face into a tiled kitchen wall, the court heard.

He also caused grazing to her face on a separate occasion by pushing her head into the outside wall of a house, and pushed and kicked her when she threw wine at him during a fight.

In sentencing, Magistrate Nunzio La Rosa said Stevens had shown no remorse for his actions.

The magistrate said the pair had lived together and loved each other but “violence by men against women, put in an intimate setting, is to be opposed in stern terms”.

“That your career has suffered there is no doubt, but there is no legal basis to differentiate him from others simply because they have more to lose or have lost more,” Mr La Rosa said.

Stevens’ lawyer launched an appeal against the sentence and the former AFL star was released on bail until the hearing in April.

Outside court Stevens told reporters he respected the court’s decision and had no further comment.

The Ringwood Magistrates Court previously heard Stevens had also breached an intervention order more than 2,500 times in two months, mostly in text messages to his former girlfriend.

Many of the messages were abusive and threatened self-harm, the court also heard.

Stevens pleaded guilty to breaching the intervention order.

He had been coaching SANFL club Glenelg but was sacked after being found guilty of the charges.

Marcus Rappel murdered Tara Costigan -Now the Rally is on to help her kids


Let’s not give this pathetic gutless murderer more than a second, but it is time to think about the family left behind after Marcu Rappel allegedly killed Tara Costigan with an axe in a domestic violence attack that left 3 kids motherless.

murder: GoFundMe campaign raises money for family

Tara Costigan

Tara Costigan’s family has received an outpouring of community support. Source: Supplied

JUST over a week ago the Costigan family was celebrating the arrival of a new baby girl as 28-year-old Tara Costigan gave birth to her third child, baby Ayla.

Now, the close-knit group of cousins and siblings is planning a funeral for the bubbly young mum.

Tara, a mum of three and career carer, was found dead at her ACT home on Saturday, the victim of a domestic violence attack of the worst kind, police allege.

Her body was discovered in the laundry of her Calwell apartment with the murder weapon, an axe, nearby.

Tara’s dog Honey was one of her great loves, along with her three kids and large, support

Tara’s dog Honey was one of her great loves, along with her three kids and large, supportive family. Source: Supplied

Speaking on behalf of the family, Tara’s cousin Nathan Costigan told news.com.au the family was struggling to comprehend the tragedy that ripped them apart on the weekend.

“You would never in your wildest dreams assume that this is something that could happen to your family,” he said.

“It’s an incredible shock. At the moment our number one priority is the three kids.”

Tara’s murder left her two boys, Rhily, 11, Drew, nine, and one-week-old baby Ayla without a mother. Her former partner, Marcus Ruppel, is accused of Tara’s murder and the family is working with authorities.

Although Nathan admits he doesn’t exactly know what’s going to happen with the kids, they have plenty of support.

Tara Costigan

Tara Costigan Source: Facebook

The fund has passed its initial goal of $40,000

The fund has passed its initial goal of $40,000 Source: Supplied

A GoFundMe campaign has raised over $40,000 for the young family attracting pledges from hundreds of supporters.

“The outpouring has just been incredible,” Nathan said.

“The kids will be all right, we’ll make sure they’re all right.”

The loving uncle said that right now it was “hard to know if they’re really okay”, and that he was pretty sure the eldest two children were still in shock, but the kids would be looked after as best the family could manage. He’s working with police and authorities to make sure the kids are getting everything they need.

“We’re trying to keep their minds distracted for now because they probably know too much for a nine and 11-year-old,” he said.

“The Costigan side of the family is very close, those three kids are everyone’s number one priority right now.”

Tara Costigan

Tara Costigan Source: Supplied

Tara Costigan

Tara Costigan Source: Supplied

Tara loved to serve and care for people, her cousin says. She’ll be remembered as “a beautiful soul who was always smiling and willing to help others whenever and however she could”.

“The odds were against her, but she never gave up,” Nathan said.

“All her family were proud of her unshakable commitment to doing the best she can do. She worked hard to be able to send both her boys to a private school and she recently purchased her first new car.”

Tara’s grandmother said: “Our whole family is just devastated”.

Cousin Nathan says being a single mother and a carer and heavily pregnant, she had a very busy life.

“She didn’t like to cause trouble … she was just a gorgeous girl.”

Tara’s distraught family members had to be physically restrained, yelling abuse at her accused killer when he appeared at a Canberra court yesterday.

Accused killer Marcus Rappel

Accused killer Marcus Rappel Source: Facebook

Rappel, 40, is accused of her murder, assault occasioning bodily harm and recklessly inflicting grievous bodily harm.

He is alleged to have forced his way into Ms Costigan’s villa, killing Ms Costigan with an axe and inflicting grievous bodily harm on a second woman and seriously assaulting a man, the Canberra Times reports.

He did not apply for bail and the matter has been adjourned until March 17.

Donate to the GoFundMe campaign supporting Tara’s three kids left without a mother here.

White Ribbon Day Nov 25th 2014. What are you doing to stop the violence?


NOV25

EVENTS CAN BE FOUND HERE http://www.whiteribbon.org.au/events

White Ribbon is Australia’s only national, male led Campaign to end men’s violence against women.

Vision
All women live in safety free from all forms of men’s violence.

Mission
Making women’s safety a man’s issue too.

The campaign works through primary prevention initiatives involving awareness raising and education, and programs with youth, schools, workplaces and across the broader community.

Globally, White Ribbon is the world’s largest male-led movement to end men’s violence against women. Originating in Canada in 1991, White Ribbon is now active in more than 60 countries.

White Ribbon began in Australia in 2003 as part of UNIFEM (now UN Women), formally becoming a Foundation in 2007.

White Ribbon Australia observes the International Day of the Elimination of Violence against Women, also known as White Ribbon Day, annually on November 25. White Ribbon Day signals the start of the 16 Days of Activism to Stop Violence against Women, which ends on Human Rights Day (December 10).


Thousands march in Melbourne against family violence amid calls for health officials to do more

Tue 25 Nov 2014, 8:31pm

Walk Against Family Violence

Thousands took to Melbourne’s streets to take part in the Walk Against Family Violence (ABC News)

Related Story: Defence force, military get behind White Ribbon Day

One woman is killed by a violent partner each week in Australia.

Two of the leading figures in the fight against family violence, Victorian Police Commissioner Ken Lay and Rosie Batty, led more than 1,000 people through the streets of Melbourne today in a march to stop violence against women.

On the United Nations’ International Day for the Elimination of Violence against Women, Mr Lay said Australia could not arrest its way out of the situation.

“I think that for far too long family violence and resolving family violence has been left in the hands of police,” he said.

“We cannot simply arrest our way out of this. We need to change attitudes, it’s in the schooling, it’s in families.

“Clearly, fathers and mothers have got a responsibility to teach their children about gender inequity, teach their children to treat each other decently.

“They are partly responsible for this, no doubt.”

There were also calls for doctors and health officials to do much more to stop family violence, with new research published in The Lancet.

Professor Kelsey Hegarty, who co-authored the Lancet paper, is a GP and the head of primary care at the University of Melbourne’s Department of General Practice.

She said the health system needed to be more focussed and streamlined when it came to addressing family violence.

“What we’re really looking for health professionals to do is provide a first line response that listens, validates, acknowledges what women and girls have been through in terms of violence against women and provides them with a pathway to safety and healing,” she said.

“To do that we need to strengthen the role of the health sector.”

Health sector ‘lacks awareness, training’ in family violence

In January 2013 Professor Hegarty called for GPs to be trained to recognise signs of domestic violence.

Since then, she said the health system had been slow to recognise the need for change.

“I think there’s been a large movement in the awareness in community campaigns with the development of Our Watch and other activities through White Ribbon,” she said.

“So I think people are becoming more aware that domestic violence or family violence is a problem in our community.

“What we haven’t found is the health sector responding.

We haven’t got very large awareness as a result of a lack of training among health care providers.

Professor Kelsey Hegarty

“We haven’t got regular training or supervisional mentorship in medical nursing or public health or other curricular on a regular basis.

“We haven’t got very large awareness as a result of a lack of training among health care providers.”

Professor Hegarty said substantial system and behavioural barriers existed in the health system.

“We haven’t got an enabling policy environment,” she said.

The Lancet paper examined five country case studies, including India and Spain, and how they responded and dealt with family violence.

Professor Hegarty said developing low-income countries such as India had made progress in addressing family violence in conjunction with their HIV-AIDs strategy.

“In fact, it’s been interesting to look at people who have done violence interventions attached to health interventions for HIV,” she said.

“That’s been showing some promise in a way we haven’t had those epidemics like that, and therefore I think health has been a little bit behind.”

She said Australia had a large focus on the national plan, which has been excellent to prevent violence against women and children.

“(But) it needs a whole spectrum across the ecological model from the community,” she added.

“(An) ecological model goes from a community to an individual, and often a health practitioner is seeing someone at an individual level. We need everybody to be activated.”


 

White Ribbon Day sparks more than 1,000 events across Australia in campaign against domestic violence

Tue 25 Nov 2014, 12:07pm

Prime Minister Tony Abbott has praised the involvement of Australia’s military in White Ribbon Day, saying it sends a signal that strong men protect others and do not condone domestic violence.

Speaking at a White Ribbon Day function in Canberra, Mr Abbott said shocking statistics associated with domestic violence crimes prompted the Government to allocate $100 million as part of an action plan to combat violence against women.

“It’s really good to see the participation of our armed forces in White Ribbon Day … because the presence of our armed forces, the presence of our police is a sign that tough, strong men protect others, they don’t persecute them. That the toughest and the strongest men are peacemakers, not brutes,” he said.

“Every week a woman dies somewhere in our country in a domestic context. One woman in three will experience violence at some stage of her life.

“One woman in five will experience sexual violence at some stage in her life. It’s just wrong. It must stop,” he said.

“Government has a role to play, that’s why this Government is investing some $100 million in our Second Action Plan to combat violence against women.”

Army chief Lieutenant-General David Morrison told a White Ribbon breakfast in Adelaide stories about the ANZAC spirit also needed a greater focus on the women who were involved.

He said many stories about World War I focused on stories about Anglo Saxon men.

“Unless they’re (women) included in the story, I think what we run the risk of is compounding this idea that Australia is a man’s country, a man’s world, where men get ahead,” he said.

“Men are promoted on their potential, women are only ever promoted on their proven performance. I don’t think we’re going to progress as a nation if that’s the case.”

Luke Batty death brought issue home for victims

White Ribbon ambassador John Caldwell told the ABC’s Breakfast program the tragic death of 11-year-old Luke Batty at the hands of his father earlier this year had brought the issue to the forefront of people’s minds.

“When I saw his (Luke’s) photo and I thought, ‘that could have been me,’ and never before have I really thought of myself as one of the lucky ones, but that made me feel like I was one of the lucky ones,” Mr Caldwell said.

Mr Caldwell was nominated as Australian of the Year for Victoria in 2014 and said the nomination of Luke’s mother Rosie Batty for Australian of the Year in 2015 helped to highlight why the issue of domestic violence should be taken seriously.

It is about men leading the action because most of this violence against women is perpetrated by men, and so men need to be speaking to their mates and using their influence to change those attitudes and behaviours.

White Ribbon chief executive Libby Davies.

“I grew up in Melbourne in a house that was plagued by domestic violence,” he said.

“I guess as a kid hiding under the bed I always felt so helpless and now as an adult, I don’t need to. I get to take back the power that I lost as a kid, but also to educate other children that you don’t have to stay silent yourself.

“Even for kids, there are people you can talk to. As a child, hiding under a bed hearing screams outside and not sure what you will find when you eventually walk out – I used to liken it to, as the eye of a cyclone. It would go quiet. Is it safe to go out? And then it erupts again.”

Mr Caldwell said nobody came to help despite people knowing what was happening and White Ribbon Day was about breaking that silence.

“It was known what was going on outside of the house and nobody would do anything, and that’s why White Ribbon Day is so important, because it is a male-led campaign,” he said.

White Ribbon chief executive Libby Davies said more than 1,000 events would be held across Australia to promote White Ribbon Day, including a walk through Melbourne’s CBD by members of both the Melbourne and Richmond Football Clubs as part of the Walk Against Family Violence.

“It is about men leading the action because most of this violence against women is perpetrated by men, and so men need to be speaking to their mates and using their influence to change those attitudes and behaviours,” she said.

NSW Assistant Police Commissioner Mark Murdoch said several hundred people, mostly men, had marched from Randwick to Coogee in Sydney’s east in an event co-hosted with Randwick Council this morning.

He said those present, including many police officers, pledged an oath to help reduce violence against women.

“The oath is all about never ever condoning or committing acts of violence against women in any form. It’s about having those conversations with men acting as role models for other men,” he said.

Assistant Commissioner Murdoch said domestic violence cases were the single biggest crime police attended.

Phone app hidden function to protect domestic violence victims

In a bid to help protect victims of domestic violence, a free Australian mobile phone app was been launched in time for White Ribbon Day.

Buzz News looks like a regular news app on a mobile phone, but has a hidden function that allows people to secretly contact friends and call for help.

Developed by the Lisa Harnum Foundation, the app was named after the woman who was murdered by her partner Simon Gittany in Sydney in 2011.

Foundation executive director Aileen Mountifield said the phone app could save lives.

“If a perpetrator is used to checking his partner’s phone all that will come up is news, entertainment news, sports news, local news, national news,” she said.

“So that’s a deterrent hopefully that he won’t go to the help button because under the help button she would have stored her safe contacts, so if in distress all she has to do is open the app and press send.”

Who wants to be a unpaid crime blog reporter/contributer?


Not real journo’s who still have a job, maybe cadets (but not good for resume…mmm)

Maybe old school scribes who wish they could stay in the game!

How about folks like me with no relevant qualifications but gives a toss about the crimes in their communities?

The pay-off is a verdict like today GBC cowardly wife killer.

People like me? You relate to how I write?

Hey cant spell well, 2 finger typer…So am I YES…Our stuff gets checked before we post.

Sounds like you?

GOOD keep reading

This site has had massive coverage lately (I cover non famous crimes too)

I’m thinking along the lines of a Co-ordinator in each state

That co-ordinator runs that states crimes and has authors who get the stories up.

What do you think?

Sound good, bad, troublesome, confusing?

All I want is to give the best coverage of what is going on in our communities.

The community expectations has/have?  outgrown my skills honestly…

Each state, minimum deserves better coverage. The good people email me why haven’t you covered this rape, or that kidnapping, or the death of a cousin in my indigenous community.

You could help us!

Serial abuser Mervyn Burton bashed boy nearly to death while on bail for beating four women


A SERIAL abuser was able to bash a four-year-old boy almost to death because he was repeatedly set free on bail for separate charges of beating four women.
Tough guy NOT…I have pics of this gutless dog ready to post too.
Why once again does it take so long for the law to catch up with these mongrels? Joe Blow does not get 3 goes at going through a yellow light, or swearing in public, OR whack a weeks pay for a fine for talking to your boss who rang you to see if you can come in right now (Cant not back those casual hours these days, they wont ring back)

Mervyn Burton, 26, has been jailed for 16 years, prompting calls from victims and women’s groups to toughen bail laws and drawing comparisons to the Jill Meagher case .

Burton stood accused of assaulting four women and had a prior conviction for assaulting two more when he inflicted the sickening injuries upon the young boy.

The boy was admitted to hospital in February 2012 with 11 fractures, multiple areas of brain injury, a lacerated liver, 120 separate bruises including bruising to his back from at least 40 blunt impacts and a bite mark.

The child also had a laceration to the penis that Burton said was from a cat but the boy told nursing staff he was cut with scissors.

Burton pleaded guilty to six counts of aggravated causing harm with intent and one count of causing serious harm with intent against the boy.

Domestic violence expert Dr Sarah Wendt said the case highlighted the dangers of allowing such offenders to remain free on bail despite repeated offending.

“The Jill Meagher case and this one are examples of the system not following through,” Dr Wendt said.

“(These cases) give us an opportunity to look at where things have failed and what we can do better next time.”

Ms Meagher was murdered in Melbourne’s CBD in September 2012 by Adrian Ernest Bayley , who was free on parole despite a shocking history of sexual violence against women.

Dr Wendt said while some men adhered to restraining orders, many had no fear of breaching their conditions.

Adelaide District Court Judge Gordon Barrett.

Adelaide District Court Judge Gordon Barrett.

“Particularly men who perpetrate violence ignore the law. They don’t see it as a deterrent so how we respond as a society needs to be looked at,” she said. “If he continues to get away with it, he will continue to do it.”

Burton, who in 2006 was given a suspended five-month prison term for assaulting two former girlfriends, began his latest spate of offending in January, 2010.

District Court judge Gordon Barrett said Burton assaulted the woman he was dating and threatened to harm her and her family if she went to the police.

He dated the second woman between April and August 2010. He punched her and choked her. Burton was arrested for these offences and released on simple police bail.

While on bail for these offences, he committed the rest of the offences.

Burton was arrested again in 2011 for his assaults against a third woman and again released on simple police bail. During this brief relationship, Burton made the woman shut down her Facebook account and delete all her phone contacts except for work and family.

A fourth relationship involved an assault that lasted several hours as he choked, punched and dragged the woman around the house, holding a knife to her throat and threatening to kill her. He was arrested in June 2011 and released on simple police bail.

One month later, Burton went to the police and alleged two of his victims were threatening him. He later assaulted his father and brother and was again released on simple bail.

He went on to assault a fifth woman whom he persuaded to stop work so she did not come into contact with other males.

After the relationship ended, Burton was admitted to the magistrates court mental health diversion program.

While on bail and in the program he assaulted the four-year-old boy over several weeks.

Five days before the boy was admitted to hospital, the Senior Clinical Liaison Officer with the Magistrates Court Diversion Program reported Burton had demonstrated a willingness to participate meaningfully and that he should be commended for his participation.

Judge Barrett said Burton was also receiving psychiatric and psychological care while he was assaulting the boy.

“Whereas previously you had been violent to your partners, you now turned your violence on a defenceless four-year-old boy,” Judge Barrett said.

He said Burton’s counsel had instructions that Burton had “no clear recollection of the violence” he perpetrated.

“There are really no signs that I can see that suggest that the community is yet safe from your possible outbursts of violence,” Judge Barrett said.

He said were it not for Burton’s guilty pleas, he would have sentenced him to 20 years for the “unusually serious” offending.

“Your being able to conform to discipline in prison is not, in my view, a sign of your rehabilitation.

“You seriously and serially assaulted five women between January 2010 and August of 2011,” Judge Barrett said.

“During that time you also assaulted your father and brother. That violence continued despite your being arrested and released on bail numerous times.”

Judge Barrett said he would treat the offending as one course of conduct and set a non-parole term of 12 years.

He said Burton showed a complete lack of insight by telling a doctor his relationships with women ended because “they just want to use and abuse you”.

Women’s Domestic Violence Services of SA co-chair Vicki Lachlan said Burton’s other matters should have been taken into consideration when he was released on bail the second and third time.

“They’re not isolated matters, they’re patterns of behaviour,” Ms Lachlan said. She said Judge Barrett’s decision to set one sentence for all the offending was a win for the people Burton assaulted.

“I’m encouraged to hear that the judge this time eventually took into account his pattern of behaviour,” she said.

“But his history just highlights the fact that others didn’t … it’s just outrageous that he was able to do it again and again.

“I think we often in the courts value property more than people, especially if it’s a woman.”

Professor Rick Sarre from UniSA said he believed bail laws were “about right” although mistakes were sometimes made.

Prof. Sarre said the bail laws should not be changed for just one case.

Domestic Violence Helpline: 1800 800 098

Luke Batty, 11, dies in horrific attack by his father, Greg Anderson at Tyabb cricket oval


UPDATE 14/02/14

Victoria’s Chief Police Commissioner Ken Lay says police had been dealing with complaints against Anderson for at least a decade and there were five outstanding warrants for his arrest relating to domestic violence.

“We owe it to the community, we owe it to Luke, we owe it to Rosie to understand exactly what happened not only with police, but other services so the community can understand exactly what happened but I just hope that this may well be the next step to get so much better in the family violence space,”

 says police had been dealing with complaints against Anderson for at least a decade

says police had been dealing with complaints against Anderson for at least a decade

Killer dad Greg Anderson tormented family for years, faced arrest warrants and threatened to kill Luke’s mother

We can reveal that Greg Anderson should have been behind bars when he murdered his son.

Police failed to execute ­arrest warrants in the weeks leading up to Wednesday night’s horrific incident.

Anderson was a violent drifter who had tormented his ­estranged family for years.

The warrants were issued after he repeatedly failed to turn up at court on charges of assaulting Luke’s mum and threatening to kill her.

It is understood four separate warrants for his arrest were issued throughout January but police failed to apprehend him.

Victoria Police said that its investigations would look into “not only the events on the night, but also all relevant circumstances which preceded them”.

The force said it would not be commenting further.

On May 16, 2012, Anderson assaulted Rosie Batty by grabbing her by the hair, pushing her to the ground and kicking her before threatening her with a glass vase.

Ms Batty told police she feared her former partner suffered from some form of mental disorder.

Anderson was also arrested and charged after making threats to kill her on January 3 last year.

During the incident Anderson allegedly said to Ms Batty: “Right now I really want to kill you. I want to cut off your foot. I hope you have made a will.”

Anderson was arrested again by police on May 27 last year after attending his son’s football training.

Sources say Anderson, who was living in his unregistered car, had little to do with his son for years before re-entering his life and taking his mother through a long court battle.

Although known to Hastings and Frankston police, who felt sorry for Ms Batty, Anderson’s legal matters were ongoing so he didn’t have prior convictions at the time of his death.

Despite the incidents of domestic violence in the past two years, Anderson and Ms Batty had tried to work out ­access visits for Luke. In addition to the threats to kill and assault charges, Anderson was also facing a charge relating to accessing child porn.

He was arrested after viewing the porn at Emerald Hill Library on November 17, 2012.

Library staff noticed what he was looking at and raised the alarm. When Anderson was arrested he was found with a USB stick containing the child porn images.

Sources say Anderson had psychological issues but refused to be assessed or treated.

It is believed family had wanted Anderson to get counselling but he had refused.

Considering there were warrants out for Anderson’s arrest, questions have been raised as to whether he should have been allowed to have an access visit.

A man who shared a house with Anderson said he had to ask him to leave after being threatened with death.

The man, who did not want to be named, had lived with Anderson in Chelsea Heights since late last year but decided three weeks ago he had to go.

“We knew he had psychological problems but we found out recently how crazy he was,” the man said yesterday.

“He threatened to kill me. I had to take out an intervention order against him. I was meant to go

LUKE Batty was seen with his father after 6pm, when training finished, doing extra batting practice.

It is understood about 20 minutes later, the father was spotted bending over the motionless boy.

Police believe the child had been struck to the head with a cricket bat and attacked with a knife as he lay prone on the field. It was initially thought Luke may have suffered a sporting injury so ambulance officers were called. They were confronted by a bloodied, knife-wielding Mr Anderson.

Four police arrived soon after and were menaced by Mr Anderson, who reportedly asked to be shot as he advanced on them. Capsicum spray had no impact and, as he then closed on one policeman, that officer fired one shot to the chest, felling Mr Anderson.

Police then moved in and cleared the weapon away but Mr Anderson continued to struggle as paramedics tried to get him into an ambulance and off to hospital.

No car connected to the armed dad was found at the scene, leading police to believe he may have caught the train from Chelsea Heights to Tyabb. A premeditated suicide-by-cop scenario is one element of the probe into the tragedy.

The father made no attempt to leave the scene after the attack on his son and continued to advance on police as the risk of being shot escalated.

Police Association Secretary Greg Davies said there was then no option but to fire.

“There’s every likelihood this is suicide-by-cop. You’ve got a knife and they’ve all got firearms,” Sen-Sgt Davies said.

“It’s a police officer’s worst nightmare to see a young tacker apparently murdered by a man who turns out to be his father, who then advances on you with a knife. They (police) appear to have done everything possible to avoid this outcome.”

Veteran police were shocked at the brutality, one comparing it with the actions of child-killers Robert Farquharson and Arthur Freeman. “This is horrific and it’s in front of other kids,” one officer said.

HISTORY OF VIOLENCE
May 2012: Anderson unlawfully assaults Rosemary Batty at her home in Tyabb by grabbing her hair, pushing her to the ground and kicking her before threatening her with a glass vase. Later charged.

November 2012: Caught by staff at Emerald Hill library viewing child porn on a public computer. Charged by police with viewing child porn and two months later possessing child porn when officers find him with a USB stick containing the images.

January 2013: Anderson again attends Ms Batty’s home and allegedly threatens to kill her. Arrested later that day and charged.

April 2013: Fails to appear in accordance with his bail conditions at Frankston Magistrates’ Court.

January 2014: Warrants are issued for Anderson’s arrest after repeated failures to attend his court dates.

What a tragic awful crime, committed in front of kids and families who just finished cricket training. It must have been so hard for paramedics trying to save this cowards life after he had just murdered his own son in cold blood. My heart goes out to the mum who was also there and witnessed it…

WHY does this happen?

UPDATE 5.30 pm 13/02/14

Rosie Batty in ‘disbelief’ after son Luke killed on cricket oval by father Greg, who had history of mental illness

By Monique Ross

The mother of an 11-year-old boy killed by his father at a cricket ground in Victoria has spoken of her shock, and revealed her estranged partner had a history of mental illness and was the subject of an apprehended violence order (AVO).

Luke Batty with his mother Rosie

Luke Batty with his mother Rosie

Luke Batty was killed in front of horrified onlookers after a cricket training session at the oval in the small town of Tyabb, south-east of Melbourne, on Wednesday evening.

His 54-year-old father Greg was shot by police at the scene and died in hospital early this morning.

Luke’s mother Rosie Batty was at the cricket ground when the tragedy unfolded, after her son asked for “a few more minutes” with his father.

This afternoon she described her “shock” and “disbelief” and told reporters her estranged partner Greg was a man who loved his son but had suffered from an undiagnosed mental illness for two decades.

“Luke was nearly as tall as me. He was sensitive. He enjoyed his footy, he enjoyed his cricket,” she said.

Luke was nearly as tall as me. He was effervescent, he was funny. He wasn’t the best scholar but he was intelligent.

“He was effervescent, he was funny. He wasn’t the best scholar but he was intelligent. He enjoyed his school.”

She says Luke loved his father and “felt pain” because he knew he was struggling.

“He was a little boy in a growing body that felt pain and sadness and fear for his mum, and he always believed he would be safe with his dad,” she said.

“[I told him] ‘you’ll always love your dad. You won’t always like what they do or say, but you’ll always love your dad, and he’ll always love you’.”

Father had long history of mental illness

Ms Batty says she had known Greg for 20 years, and over that time his mental health deteriorated.

“[He went] from someone who brushed off losing a job to someone that was unemployable,” she said.

“He was in a homelessness situation for many years. His life was failing. Everything was becoming worse in his life and Luke was the only bright light in his life.”

She says Greg had been offered help, but he failed to accept it, instead choosing to “believe he was OK”.

She had an AVO against Greg, but says he loved Luke and there were no signs he would ever hurt their son.

No-one loved Luke more than Greg, his father. No-one loved Luke more than me. We both loved him.

“You’re dealing with someone who’s always had problems, and they start out small and over the years they get bigger, but he’s still the father,” she said.

“He loved his son. Everyone that’s involved with children would know that whatever action they take is not because they don’t love them.

“No-one loved Luke more than Greg, his father. No-one loved Luke more than me. We both loved him.”

She says people thought she was the one at risk, and some had urged her to return to her home country.

“Doctors, psychologists, everyone said to me, why don’t you go back to England and live there? But Luke wanted to be here,” she said.

“His school was here, his friends were here. And I had decided that was the right choice.”

‘Family violence happens to everybody’

Ms Batty says if there is a silver lining to be found in the tragedy, it will be increased awareness about the issue of family violence.

“I want to tell people that family violence happens to [anybody], no matter how nice your house is, no matter how intelligent you are,” she said.

“When you’re involved with family violence, friends, family judge you, the woman. The decisions you should make, the decisions you don’t make.

I want to tell people that family violence happens to [anybody], no matter how nice your house is, no matter how intelligent you are.

“You’re the victim, but you become the person that people condemn.

“The people here reading this will say ‘why didn’t she protect him, why didn’t she make certain decisions’.

“But when you actually finally decide enough is enough, and decide to go through a court process, you do not know what the outcome will be.

‘What I want people to take from this is that it isn’t simple. People judge you, people tell you what you should do. You do the best you can.”

She says she does not regret allowing Greg to have a relationship with his son despite the problems, as her “guiding star” was ensuring Luke knew he was loved by both of his parents.

Mother first thought it was an accident

Ms Batty says her son died after what was “just a normal cricket practice”.

“Most of the kids and parents had gone. Luke came to me and said, ‘could I have a few more minutes with my dad’ because he doesn’t see him very often and I said, ‘sure, OK’,” she said.

“There was no reason to be concerned. I thought it was in an open environment.”

She says when she realised something was wrong, she thought an accident had happened and tried to call an ambulance.

“I tried to ring but couldn’t ring because I was too stressed. I looked for help and I ran towards help, screaming ‘get an ambulance, this is really bad’,” she said.

“I thought Greg had accidentally hurt him from a bowling accident … and that Greg’s anguish was because he had hurt Luke accidentally.

“I was screaming, I was inconsolable.”

Paramedics called to the sports ground on Frankston-Flinders Road treated the boy but were unable to revive him.

Police are refusing to give more details of the incident, but some witnesses say a cricket bat was used.

Ms Batty says it was only later that she realised that what happened to Luke was not an accident.

“What I saw that I thought was Greg comforting Luke and helping him with what I thought was an accident, wasn’t necessarily what I saw,” she said.

“The full extent of what happened I don’t want anyone, other than the [coroner], to know.

“Luke was killed by his father. No-one else including myself needs to know the details of what he actually did.”

‘Police acted the way they needed to act’

Homicide detectives have spoken to several children who saw Luke die and then watched as police then shot his father.

Officers say they shot the man in the chest after he threatened them with a knife. Police say they tried to subdue him with capsicum spray but that did not work.

Greg, from Chelsea Heights, was flown to Melbourne’s Alfred Hospital, where he died about 1:30am.

Ms Batty says police did not do anything wrong.

“The police acted the way they needed to act. In the past Greg has been confrontational and difficult,” she said.

“The police had no other option.”

She says Greg had not violated terms of the AVO by attending the event.

“It was allowed from the intervention order. It was a public place, I believed he was safe,” she said.

“It was just a little cricket practice. There was people there, I believed he was safe.”

Ms Batty says she is grateful for the support of loved ones, and will soon be joined by family who are travelling to Australia from England.

February 13, 2014 12:02PM

EMOTIONAL friends have paid tribute online to an 11-year-old boy who was stabbed to death on the Mornington Peninsula last night.

Luke Batty was horrifically killed by his father during cricket training at Tyabb Cricket Ground about 6.30pm yesterday.

Paramedics frantically tried to revive the Grade 6 student, but he died at the scene from head injuries.

Tributes to the slain boy began pouring in on social media last night, with one Facebook page attracting nearly 6,000 members by 9am.

Carol Bennett said she was “so sorry that you were taken so early in your life and in such a horrific way.”

Tahila Williams wrote: “It’s sad to see such a young boy have his life taken away from him when he had done nothing wrong.”

Yvette Wagg said: “Very sad and shocked to hear this devastating news… Condolences to all”.

After the attack four police officers tried to subdue his knife-wielding father with capsicum spray before shooting him in the chest, witnesses said.

The Chelsea Heights man, 54, was taken to The Alfred hospital where he died about 1.30am, Victoria Police spokeswoman Natalie Webster said.

“I can confirm that the male that the police shot was the father of the deceased boy,” Commander Doug Fryer said last night.

The boy’s mother was at the ground.

“We’ve had an absolute tragedy here tonight,” Commander Fryer said from the scene.

“It’s a horrific scene.”

Speaking this morning, Commander Fryer said it had been a “shocking time” for the boy’s family, the witnesses at the scene and the officers involved.

“Our members were confronted by an incident that thankfully, it’s very rare when it happens, but when it does, they put their training into practice,” Commander Fryer told 3AW.

“They used an option that they thought appropriate and unfortunately we’ve now got two people dead.”

Commander Fryer said the boy’s mother, who was estranged from his father, was “in close proximity to where this happened”.

“I don’t know how a mother gets past losing her son in these sorts of ways,” he said.

Children were at the ground for cricket training and Commander Fryer said police wanted to speak to anyone who witnessed the incident.

“We spoke to a lot of people last night,” he said.

“Because cricket practice had just finished, we think there were probably kids down there and parents down there that may have seen something who we haven’t yet spoken to.

Luke’s classmates were told of his tragic death this morning when they arrived at Flinders Christian Community College in Tyabb.

The flag was flying at half-mast as parents, students and teachers rallied around each other.

Luke was remembered as a popular, happy child who loved life and enjoyed his sport at an emotional school meeting this morning.

Executive principal Jill Healey said the death of the popular Year 6 student was “an absolute shock and a tragedy”.

“There were lots of tears this morning,” she said.

She said the school community was coping as well as could be expected, and that counselling had been arranged for all those affected by Luke’s death.

Luke’s friends plan to hold a vigil for the 11-year-old at the cricket oval where he was killed.

The small community is reeling from the horrible crime and friends have already begun to bring flowers.

Taylor Cuthbertson, 15, said a friend of hers was a witness to the horrible scenes.

“He was just crying when he was telling me what happened.

“It’s so horrible.”

Emergency services were called to the oval on Frankston-Flinders Rd in Tyabb about 6.30pm yesterday following the vicious attack.

Witnesses said when officers from Mornington police station arrived, the father turned on them with a knife, forcing them to shoot him.

The man was flown to The Alfred hospital, where he later died.

The incident shocked the local community, with one resident describing it as “bloody horrific”.

Tyabb Cricket Club officials would not comment about the incident last night, saying it was “too raw”.

But the club’s junior cricket co-ordinator, Ron Dyall, said the boy — in grade 6 at Flinders Christian Community College — had played for the club for two or three years and was also an avid footballer.

Mr Dyall said he was devastated by what had happened.

“As his coach, I knew him pretty well,” he said.

“My own son plays in his team. I’m trying to figure out how to break it to him, and how we’re gonna deal with the kids.”

Local Wayne Murray, 64, said he heard what he thought was fireworks about the time of the shooting.

He said “a shiver (ran) down my spine” when he learned the sounds were gunshots.

“I heard a couple of pop pops,” he said.

“It didn’t sound unusually loud. I’ve never seen anything like this. It doesn’t happen here.”

Melissa, 37, who did not wish to give her surname, said her father had also heard gunshots.

“We heard helicopters going over the oval,” she said. “I have an 11-year-old. I was nearly in tears when I heard.”

Commander Fryer said four local officers were confronted by the knife-wielding man when they arrived about 6.40pm.

“They’ve attempted to use less than lethal force (OC foam). They’ve attempted to talk him down. That has been unsuccessful,” he said.

“They have then discharged a firearm, hitting that male once in the chest.”

Commander Fryer said police were still working to ­determine what caused the local boy’s death.

He could not confirm reports the boy was being beaten by his father with a cricket bat when police ­arrived, but said he suffered “significant injuries”.

 

 

 

Grant Hackett obviously cannot Hack it…What a disgrace


So this bloke, once a hero to Australians as a swimming superstar, still a so-called Ambassador to major companies (what a stupid term that is, all for money, full stop) considers it all OK to totally humiliate his petite wife and petrify his little twins after a day/night out on the grog does he? Smashing the apartment they live in to smithereens when I imagine his wife dare question his need to stay out drinking all day and night…

I have no doubt in the world, even though she dialled Triple 000 that night, she was intimidated by the massive tower of a husband she once loved to smooth things OVER for his career… What bloody career, he should not have one. Not from back then, nor now. But certainly not now this is out in the open. he got smashed on Derby day races late October 2011 and embarrassed himself in the Marquee with other freebie seeking B Graders, went on to the Casino for more free time to UNWIND. So the 8 cop cars that rolled up was all for nothing we were led to believe the next day by Hackett – who will travel to London to commentate on the Olympic Games for Channel 9 in July – said at the time that it was “all a bit of an unfortunate misunderstanding”.

“Candice is 100 per cent OK, our apartment is 100 per cent OK and so are our twins,” he told Channel 9 days later.

“(We) came home and had a few private issues that we needed to deal with and we have dealt with those. Everything is OK. Our relationship is great,” the former Olympic three-time gold medallist added.

Alley backed the sports great, saying at the time: “Nothing happened. Everything is absolutely incredible. We are the happiest we have ever been.” Sounds like a well rehearsed forced statement to me from a scared wife ruled by her husband…Take a look at the damning photos. he had one of his little kids in his drunken arms as he did that!!!

GRANT HACKETT YOU ARE A DISGRACE, AND SO IS ANY SPONSOR OR EMPLOYER USING YOUR IMAGE, INCLUDING COMMENTARY, WE ARE NOT THAT SHORT OF TALENT BIG GUY.

http://youtu.be/sBMcdI0PipI

UPDATE 22/06/12

Gold medal home-wrecker Grant Hackett slammed over TV interview

DISGRACED swim star Grant Hackett is making a desperate bid to restore his reputation with an interview on 60 Minutes this Sunday.

Hackett meltdown

Fallen swim star Grant Hackett to come clean

In a move widely seen as damage control by employer Channel 9, Hackett will address his marriage breakdown and allegations he assaulted his estranged wife Candice Alley.

Domestic violence campaigners slammed Nine for the Hackett interview, saying the network should make a stand on violence against women and sack him as a commentator for the London Olympics.

In the interview, an emotional Hackett talks about shocking pictures published by the Sunday Herald Sun of the damage he caused to their Southbank apartment during a booze-fuelled meltdown after Derby Day last year.

He tipped over a grand piano during his rage, which ended after police were called.

“It’s embarrassing to see those pictures in the paper, it’s embarrassing to be sitting here,” he says in the 60 Minutes interview.

“I didn’t think it would be this hard, to be honest.”

Hackett and Alley have two-year-old twins Charlize and Jagger, who have not seen their father for months.

The fallen star has also faced claims he drank five bottles of wine in two hours over lunch in April, before an incident that led to a police report.

The interview comes as Australian Olympic Committee president John Coates refused to answer questions about Hackett’s London role.

Coates came under pressure after AOC chef de mission Nick Green backed Hackett this week, saying he would extend a hand of friendship to the fallen star at an Olympic dinner tomorrow night.

Jess Boccia, a spokeswoman for women’s rights campaigner Reclaim The Night, said Hackett should be sacked.

“Channel 9 should take responsibility for preventing violence against women, rather than condoning it by putting him in the position of a role model,” she said.

“That’s condoning violence against women or excusing it, rather than saying this is a really serious issue that has a detrimental impact on our community.”

An AOC spokesman said yesterday he had spoken to Coates about Hackett’s role in London, but there would be no further comment.

 

 

update 30/05/12

Such fury proves Grant Hackett needs help

Miranda Devine

From: Herald Sun

May 30, 2012

Grant Hackett has not commented since photos of his trashed apartment appeared in the Sunday Herald Sun

THE images of Grant Hackett’s wrecked apartment are more disturbing the closer you look.

We haven’t seen scenes like this since a cocaine-fuelled Charlie Sheen trashed a suite at the Plaza, while a porn star cowered in the bathroom.

This was not just the product of a momentary loss of temper.

It was a sustained, violent and totally unhinged campaign of destruction throughout the luxury Southbank apartment the former Olympic swimmer used to share with his estranged wife, Candice Alley, and their two-year-old twins.

The extreme nature of October’s demolition job ensured it was propelled from a simple domestic disturbance into a national talking point.

In one image, police stand in front of a scene that looks like something out of a King Kong movie or perhaps just a gigantic spoiled toddler’s tantrum.

The gold silk rug and elegant armchair are incongruous accessories to the primal vandalism in the living room.

A tinsel-adorned Christmas tree lies on its side, a few fake branches torn off, silver balls scattered across the carpet.

Pretty white hydrangeas lie crushed under shards of glass and broken vases, violence against a homemaker’s efforts.

Sadder still is the brightly coloured children’s trampoline, tossed carelessly on top of the mess.

Full bottles of booze lie on the ground, and crystal objects are smashed to smithereens.

Tables and chairs are tipped over, open drawers spill their contents and a baby grand piano lies on its side, sheets of music strewn over the floor. Holes are gouged in walls.

A thin mattress, made up with a sheet and cushion, sits on the floor, perhaps providing a clue to the fury.

Down the hall, the master bedroom door has been kicked in with such force a man-sized hole has been carved into one side.

That kind of violent menace is rarely a one-off. It suggests anger management issues that are part of a lifelong pattern of behaviour

Paintings and random clothing line the floor, along with chunks of plaster and plywood.

There seems barely a chair or surface untouched, suggesting a lengthy rampage that must have been terrifying to a wife and children who might have been cowering behind a flimsy door.

In what looks like a small music room, wrecked furniture is tossed in a pile as if a tsunami has been through. Ironically enough, in the foreground lies a book, titled: The Complete Idiot’s Guide to World Conflicts.

It’s hard to have any respect for the adult who indulged in such wanton destruction.

Reputational damage is the inescapable consequence of such behaviour.

Unsurprisingly, Hackett, 32, and Alley, 29, this month announced the end of their five-year marriage, after Hackett was involved in another big night out at Crown casino, this time after the Logie Awards.

A messy, multi-million-dollar divorce looms.

Hackett has not commented since the photos appeared in the Sunday Herald Sun, but the fallout has been immediate.

He was ditched as ambassador for children’s charity, The Alannah and Madeline Foundation, and Channel 9, while stopping short of dumping him, is said to have significantly scaled back his commentary duties at the London Olympics.

Sure, the 198cm gold medallist is as entitled as anyone to the presumption of innocence, and Dawn Fraser has even suggested his tiny wife might be responsible for the destruction.

But whatever happened the night of Derby Day last year, the images are damning.

That kind of violent menace is rarely a one-off. It suggests anger management issues that are part of a lifelong pattern of behaviour.

And it is very much the business of the community to protect the vulnerable against such ferocious rages, especially when the law does not.

If Hackett intends to continue to earn money as a public figure, sports commentator and spruiker of banks and batteries, he really should explain how his apartment got into such a mess, and what steps he has taken to ensure such a scene never happens again.

UPDATE: OLYMPIC swim star Grant Hackett has been dumped as ambassador of a major children’s charity in the wake of an alcohol-fuelled meltdown.

The Allanah and Madeline Foundation, which aims to protect children from violence, last week (great to see some pro active stances…robbo) informed Hackett’s management they were cutting ties with the swim star, before the shocking photos emerged in today’s Sunday Herald Sun.

“The Alannah and Madeline Foundation advised Grant’s management last week of our decision to relieve him of his duties as an Ambassador, as part of our continuous review of our Ambassador strategy and their roles and public responsibilities with us,’’ said chairman John Bertrand.

“Grant’s management accepted our decision.

“Grant was very committed to his role with us and we thank him for the work that he has done.’’

Look at the size of Grant Hackett compared to his wife, who finally booted him to the curb!

rant Hackett with Candice Alley, left, and a police photograph of the damage to their Southbank apartment on October 30, 2011

A DOOR punched to bits. A cherished piano up-ended. Furniture hurled, smashed and strewn across the apartment floor.

That was the scene that faced police when they responded to a distraught emergency call from the luxury home of Olympic champion Grant Hackett, a three-time Olympic gold medallist and rated one of Australia’s best long-distance swimmers.

The Sunday Herald Sun has obtained photographs of the chaos police walked into that night at the high-rise Southbank apartment where Hackett lived with his singer wife, Candice Alley, and their twins.

It was in the very early hours of October 30 and Hackett had just returned home after spending the previous day, Derby Day, drinking and partying in his role as host of the Westpac Sports and Entertainment marquee in the Birdcage at Flemington.

The panicked call to police came soon after from Hackett’s songwriter wife, who was at home with toddlers Charlize and Jagger.

Months later, on May 3, Hackett and Alley announced their split after speculation surrounding the post-Derby Day celebrations.

Police who attended the scene were told Hackett – who weighs nearly 100kg and is almost 2m tall – grabbed his wife and threw her against a window.

The couple’s young twins, who were in the apartment, are understood to have witnessed the incident.

At one point, police were told, Hackett had one of the twins in his arms as he hurled furniture around the apartment.

The photographs, published in today’s Sunday Herald Sun, reveal the extent of the 32-year-old’s rampage.

The images show one side of an interior door completely ripped apart, Alley’s beloved black grand piano overturned, plastered walls punctured with large holes and dents from punches, equipment including a TV and stereo thrown on the ground, a glass table, candlestick holders and picture frames smashed to bits and bottles of alcohol littered across the floor.

Another picture shows a decorated Christmas tree toppled, a children’s trampoline thrown into another area of the room and large cabinets pulled over in a huge heap of destruction.

The Sunday Herald Sun contacted Alley yesterday. She declined to comment.

Two messages were left on Hackett’s mobile phone, but he failed to return calls.

The swimming great’s manager, Chris White, also declined to comment last night.

Hackett is an ambassador for the Alannah and Madeline Foundation – a charity set up to keep children safe from violence.

After the long day hosting at Derby Day, the incident happened when Hackett returned to the Freshwater Place apartment on Southbank.

After completing his duties at Flemington, Hackett had attended two parties at Crown, with the last being held at the Den lounge bar in the basement of the Atlantic restaurant.

Arriving home, Hackett started verbally abusing Alley before becoming aggressive, punching doors and walls and throwing furniture around the apartment. Up to eight police cars attended the scene “of total disarray”.

The Sunday Herald Sun understands that when police arrived at the apartment, Alley and the children – though unharmed – were distraught.

Officers who attended were concerned for their safety, the Sunday Herald Sun has been told.

Hackett – who will travel to London to commentate on the Olympic Games for Channel 9 in July – said at the time that it was “all a bit of an unfortunate misunderstanding”.

“Candice is 100 per cent OK, our apartment is 100 per cent OK and so are our twins,” he told Channel 9 days later.

“(We) came home and had a few private issues that we needed to deal with and we have dealt with those. Everything is OK. Our relationship is great,” the former Olympic three-time gold medallist added.

Alley backed the sports great, saying at the time: “Nothing happened. Everything is absolutely incredible. We are the happiest we have ever been.”

Six months later, the couple announced the end of their five-year marriage after Hackett, an ambassador for Westpac, was asked by security to leave post-Logie celebrations at Crown’s Club 23 in April for allegedly throwing grapes at Celebrity Apprentice contestant Lauryn Eagle.

Hackett was first seen leaving the Channel 9 party at 1am but was believed to have been locked out of the Southbank apartment by Alley.

He then returned to the Logies party until he was asked to leave some two hours later, about 3am.

It is thought he agreed to move out of the family home later that day, on April 16.

(I just reduced the size, sorry folks it was taking a while to load, click on the image to see the FULL SIZE destruction of their apartment…)

This is what Grant Hackett did to the family home when he arrived home drunk from a free day out as a Ambassador at the Races
CLICK IMAGE TO SEE LARGER VERSION

Shallow words from a pool hero turned home wrecker

IN 2009, Grant Hackett appeared in a magazine campaign against violence in the home.

“If you suspect violence is occurring, stand up and say something,” he told the magazine.

Now compare that with Hackett’s words last October after he trashed the apartment he shared with wife Candice and their toddler twins: “Candice is 100 per cent OK, our apartment is 100 per cent OK and so are our twins … it is all a bit of an unfortunate misunderstanding.”

Now we know everything was not “100 per cent OK”.

Police arrived at the high-rise Southbank apartment to find it trashed and Hackett’s wife and children extremely distressed.

Police photos, published in today’s Sunday Herald Sun, show the Olympian destroyed furniture and smashed doors.

During his rage, he threw his wife against a window and also held one of the twins in his arms as he hurled furniture around in the midnight incident on Derby Day.

Hackett’s private actions are at odds with his public statements on violence in the home.

Hackett is an ambassador to the Alannah and Madeline Foundation, an organisation focused on ensuring children grow up in a violence-free environment.

His position with this charity is now untenable.

It’s likely Channel 9 – which is sending him to the Olympics to host its swimming coverage – and Westpac will come under pressure to review their association with the gold medallist.

Jemma Edwards jailed for spear-gun killing


‘He was going to set me on fire and ruin my pretty face’

Andrea Petrie

April 24, 2012 – 12:19PM

Jemma Edwards hot him with a speargun, and stabbed him up to 30 times

A Melbourne woman who shot her husband with a spear gun before stabbing him repeatedly at their Highett home in January last year, has been sentenced to seven years’ jail for defensive homicide.

Jemma Elizabeth Edwards, 45, pleaded guilty in the Victorian Supreme Court over the death of her husband of 13 years, James Charles Edwards.

In sentencing Edwards today, Justice Mark Weinberg said the evidence was clear that Edwards had been a victim of domestic violence over many years at the hand of her husband.

At the time of his death, an intervention order was in place protecting Edwards from him, he said.

The court heard police were called to intervene in domestic disputes involving Edwards and others in 1999, 2000, 2002, 2003, 2004 and 2005.

“On each occasion the deceased was drunk, abusive and violent. There were further instances of domestic violence between 2006 and 2010,” the judge said.

On the morning of January 18, 2011, Edwards phoned an ambulance just after 10am and told police she had been asleep in bed and was woken by two men who were arguing with her husband.

She claimed one of the men had come into the bedroom and held her hands behind her back while the other killed her husband.

She claimed they left through the back door and gave a detailed description of each of them.

She later admitted the story was a lie.

Detectives found a large brown-handled knife lying next to the deceased, and an unloaded spear gun was at his feet. A spear was located nearby.

“The post-mortem examination revealed a number of incised injuries to the upper and lower body,” Justice Weinberg said.

“Although the evidence does not reveal the precise number of wounds inflicted, it was agreed during the course of the plea that, in broad terms, the deceased had sustained about 30 or so separate injuries. Of these, about six involved significant stab wounds. A majority of the injuries were inflicted in the upper body and head area, but there were also some wounds to the legs, fingers and forearms.

“There was, in addition, a large ovoid wound two centimetres in depth to the midline of the back. That wound was suspected of having been caused by the spear that was located at the scene.”

In her police interview, Edwards said her husband had been drinking heavily the night before she killed him and had threatened to kill her.

She said: “I went to sleep for a while and I was hoping that it would be over when I woke up. And when I woke up, he was still drunk. And he punched me. And I was sitting at the chair and he pushed me off the chair and kicked me. And then he said that he was going to get some petrol and first he said he was going to cut my eyes out and cut my ears off and disfigure me. And then he said he was going to get some petrol from out the back and he was going to set me on fire and ruin my pretty face so no one would ever look at me ever again. And I panicked. As he was storming out, I grabbed the spear gun because he’d used the spear gun on me in the past, he shot me in the stomach with it and it just bounced off, so I didn’t think it would do any harm. I thought it would just stop him, because I was so petrified. And so I shot it, and it did bounce off, and he got really wild and angry so he grabbed a kitchen knife and came towards me with it, and I struggled with him, and he lost his balance and fell. And I grabbed the knife and I stabbed him ‘cos I was so frightened. And the rest of it was just a blur … I’m sorry it happened, but I was really afraid for my life.”

Justice Weinberg said while he had serious reservations about the accuracy of her account of what had happened considering the forensic and other evidence at the scene, he was sentencing her on the basis that she genuinely believed she was in danger of being killed or seriously injured when she stabbed your husband to death.

He said he was satisfied that Edwards was remorseful and noted her significant history of psychiatric illness, which included suffering from anxiety and depression in addition to having been diagnosed as bipolar and manic depressive.

“I have also taken into account in your favour that your actions were in no way premeditated, but rather a spontaneous response to a perceived threat. That response seems to have been generated in highly emotional circumstances,” he said.

“In all the circumstances, I consider that the appropriate sentence for this offence is one of seven years’ imprisonment. I would fix a non-parole period of four years and nine months’ imprisonment.”

via Jemma Edwards jailed for spear-gun killing.

The letter she wrote on the eve of sentencing

Spear gun killer's letter to court on eve of plea hearing tells of regret and anguish

IN THE SUPREME COURT OF VICTORIA                                                         Not Restricted

AT MELBOURNE CRIMINAL DIVISION

S CR 2011 0166

 

 

 

THE QUEEN

 

v

 

JEMMA ELIZABETH EDWARDS

 

 

 

 

 

 

JUDGE:                                                           WEINBERG JA WHERE HELD:                                                             Melbourne DATE OF HEARING:                                                    11 April 2012

DATE OF JUDGMENT:                              24 April 2012

 

CASE MAY BE CITED AS:                       R v Edwards

 

MEDIUM NEUTRAL CITATION:          [2012] VSC 138

 

 

 

 

 

 

 

CRIMINAL LAW – Sentence – Defensive homicide – Plea of guilty – Remorse – Good prospects of rehabilitation – Sentence of 7 years’ imprisonment with non-parole period of

4 years and 9 months.

 

 

 

 

 

APPEARANCES: Counsel Solicitors
For the Crown Mr B Kissane Mr C Hyland, Solicitor for

Public Prosecutions

For the Accused Mr P J Hannebery Tony Hannebery Lawyers

 

HIS HONOUR:

 

1              Jemma Elizabeth  Edwards, you  have  pleaded guilty  before  me  to  one  count  of defensive homicide.    The maximum sentence for that offence is 20 years’ imprisonment. It is now my task to sentence you for that crime.

 

2              On 18 January 2011, police and Ambulance Victoria were called to a residential premises at 36 Royalty Avenue, Highett.   At that location they found the body of your husband, James Charles Edwards.  He had sustained multiple stab wounds to the upper body, right arm and left leg.   You were present at the scene.   You told police that he had been killed by two male offenders, both of whom had fled the scene.

 

3              You were arrested, but assessed as unfit to be interviewed. You were detained at the Monash Medical Centre Adult Psychiatric Unit until 31 January 2011.  You were then released into police custody and interviewed.  During the course of that interview you confessed to the killing of the deceased, but told police that you had acted in self-defence. You were charged with murder.

 

4              The background facts can be briefly stated.   You met the deceased in 1997, and married  him  in  the  following  year.    This  was  his  second  marriage,  he  having divorced his former wife in 1986 following a turbulent relationship involving several instances of domestic violence.   There was one child of that marriage, a daughter Megan.

 

5              After you and your husband married in 1998, you lived periodically in a number of different states.  At various times you resided in Queensland and New South Wales, as well as Victoria. You eventually came to live permanently in Victoria in 2006.

 

6              The house at Royalty Avenue Highett belonged to the deceased’s mother, Peg.  She died in June 2010.   Prior to her death there were a number of instances involving domestic violence perpetrated by the deceased upon his mother.   These were not reported to police, but were disclosed to various friends and medical practitioners.

 

7              The evidence is clear, and not challenged by the Crown, that the deceased was a heavy drinker.    He  was described by  neighbours as a  ‘loner’ and,  on  occasion,

‘violent and confrontational.’

 

 

8              Your own background can also be briefly summarised.  You were born in Innisfail, Queensland on 10 January 1967.  Your mother, Jeanie Day, who lives in Queensland, has been supportive of you as best she can.  She describes you as having in the past been a happy and vibrant person.  You were well educated, having qualified in nursing, a vocation that you pursued for many years.   You ceased working as a nurse in 2002, thereafter being supported by the deceased.

 

9              You have a significant history of psychiatric illness.  You have at various times been diagnosed as suffering from anxiety and depression.  You had been admitted to psychiatric care on two occasions prior to 18 January 2011.  As at that date you were complying with a community treatment order, having been diagnosed as bipolar and manic depressive.   As previously indicated, you were regarded as unfit to be interviewed in the immediate aftermath of the killing of the deceased.

 

10          You  suffered  domestic  violence  at  the  hands  of  the  deceased  on  a  number  of occasions over the years.  Indeed, as at the time of the fatal incident, an intervention order was in place protecting you from your late husband.  That order was taken out in June 2010.

 

11          There is a lengthy and well-documented history of the deceased’s attacks upon you from about 1999 onwards.  He was also violent towards his daughter Megan, and as I have said, his mother Peg.   Police were called to intervene in domestic disputes involving both yourself and others in 1999, 2000, 2002 (three separate occasions),

2003, 2004 and 2005.  On each occasion the deceased was drunk, abusive and violent. There were further instances of domestic violence between 2006 and 2010.  One such incident, that occurred on 6 June 2010, led to the intervention order that was taken out.

 

12          You  have  one  prior  conviction.    In  September  2005  you  were  living  with  your husband in Howlong, New South Wales.   You became involved in an altercation with him where, during the course of a dispute, you produced a small ‘Barman’s Friend’ style corkscrew and knife and stabbed him four times, once to left hand side of his back, once to the right hand side of his neck, once to the rear of his head, and once to the right hand side of his upper chest.  Despite the seriousness of his injuries, he managed to wrestle the implement from you.  He was subsequently taken to hospital where he underwent surgery.

 

13          You told police, on that occasion, that you thought you had killed your husband, but claimed that you had acted in self-defence.  Plainly, they did not believe you as you were charged with a number of counts of assault and causing grievous bodily harm. The police were no doubt influenced, in charging you, by the fact that despite your claim to have been punched repeatedly over a period of some 30 minutes (as well as being threatened with death) you had no visible injuries of any kind.  When asked about that fact you claimed that the deceased knew karate, and therefore how to inflict blows without leaving any visible marks.  I must say I regard that particular claim as far-fetched.  I also note that on 2 September 2005 your late husband took out an apprehended violence order against you.

 

14           On 9 August 2006, you pleaded guilty to one count of assault occasioning actual bodily harm.  You were sentenced to be imprisoned to a term of one year and nine months. That term was wholly suspended. You have not otherwise offended.

 

15          I turn to the events of 18 January 2011.   In the week immediately preceding the incident in question, you flew to Queensland to spend some time with your mother. She says that she noticed that you had a large bruise on your hand.  You told her that this was the result of an assault by the deceased in the course of which he grabbed you ‘really hard.’  Your mother told police that you were in a bad mental state at that time.

 

16           You flew back to Melbourne on 13 January 2011.   A friend who saw you on that

 

evening described you as having deteriorated mentally.  On the following day, you were said to appear as though you had been crying.  You attended on that day at a medical clinic in order to seek help for anxiety.   Over the next day or two, others who saw you described you as not coping, and as acting irrationally.

 

17          On  the  night  of 17  January  2011,  a  neighbour overheard you and the  deceased arguing.  It appears that there was a serious domestic dispute taking place.

 

18         On the morning of 18 January 2011, at about 10am, another neighbour heard you screaming.  That neighbour said that you were yelling for about five minutes.  She heard only one voice.

 

19          At 10.04am that morning you telephoned Ambulance Victoria asking them to attend at the Highett premises.  During that call you stated that ‘a man has been stabbed’, and ‘I think he is dead.’  You told the operator that the offender had fled. You said that you were in shock.

 

20         At 10.10am various ambulance officers arrived at the scene.  You were observed standing at the front door, dressed in a nightgown with what appeared to be blood spattered over it.  The officers smelt alcohol on your breath, though they said you did not appear to be drug or alcohol affected.  You told them that the offender had gone out the front door.

 

21          The ambulance officers entered the premises and found the deceased lying next to a chair that had been tipped over.   A large pool of blood was emanating from his body.

 

22          Police arrived and had a conversation with you.  You told them that you had been in bed asleep, and had been woken by two men who were arguing with your husband. One of those men had come in the bedroom, and held you down.   He tied your hands behind your back while the other killed the deceased.  The two men then left via the rear door. You gave a detailed description of each of them. Plainly, this story was a complete fabrication.

 

23          Thereafter,  you  were  taken  to  a  police  vehicle.    Whilst  in  that  car  you  had  a discussion with a police officer.  You expressed concern that you were being treated as a suspect.  You asked the police officer what you should do.  She advised you to tell the truth. You replied: ‘What if it makes me look bad?’

 

24          At that stage the homicide squad assumed control of the investigation.  They made an assessment of the crime scene.  A detective observed that save for the chair which had been overturned next to the deceased, the area appeared undisturbed.   In particular the rear door seemed not to have been accessed since there was no blood trailing in that direction.  The detective noted that a large brown-handled knife was lying next to the deceased, and an unloaded spear gun was at his feet.  In addition a spear was located next to a buffet table facing away from the kitchen, and resting on a pair of shoes.   Blood stained bare partial footprints were observed in the front sitting room which continued along a path from the front door of the house.

 

25          The post-mortem examination revealed a number of incised injuries to the upper and lower body.  Although the evidence does not reveal the precise number of wounds inflicted, it was agreed during the course of the plea that, in broad terms, the deceased had sustained about 30 or so separate injuries. Of these, about six involved significant stab wounds.  A majority of the injuries were inflicted in the upper body and head area, but there were also some wounds to the legs, fingers and forearms. There was, in addition, a large ovoid wound 2 centimetres in depth to the midline of the back.  That wound was suspected of having been caused by the spear that was located at the scene.

 

26          The pathologist noted that  the  wounds to the  left  side of the  chest had passed through the body of the left lung, and penetrated the heart.   These wounds were likely to have been inflicted by the knife found at the scene.  He concluded that it was possible that a number of the wounds had been inflicted post-mortem.  The deceased had a blood alcohol reading of between 0.04 and 0.07 grams per hundred millilitres.

 

27           After you were released from the Monash Medical Centre Adult Psychiatric Unit on

 

31  January  2011  you  were  interviewed  by  police.    During  the  course  of  that interview, you recounted a history of violence towards you and towards the deceased’s mother Peg.  You told police that on the night before your husband met his death, he had been drinking heavily.  You said that he had threatened you repeatedly.

 

28           In the course of your record of interview, you gave the following description of the events that had occurred on the morning of the 18th January:

on the night before he died, he’d been up all night drinking, and umm, he’d been coming in and out of the room all night and threatening me and making me really afraid.  Umm.  Well, this has been going on for – really badly for the last few months.  He s-, he strangled me and kicked me  and umm, punched me.  Done all sorts of things like that.  So I was really, really concerned because he was – the last couple of nights he’s been saying a lot that he’s going to kill me.   And umm, so he was threat-threatening me the night before, and then I – I went to sleep for a while and I was hoping that it would be over when I woke up.  And when I woke up, he was still drunk.  And uhh – and he punched me. And I was sitting at the chair and he pushed me off the chair and – and kicked me. And then he said that he was going to get – he was going to get some petrol and he was going to – well, first he said he was going to cut my eyes out and cut my ears off. And disfigure me. And then he said he was going to get some petrol from out the back and he was going to set me on fire and ruin my pretty face so no-one would ever look at me ever again.  And I panicked.  As he was storming out, I grabbed the spear gun because he’d used the spear gun on me in the past, he shot me in the stomach with it and it just bounced off, so I didn’t think it would do any harm.  I thought it would just stop him, because I was so petrified.  And – and so I shot it, and it did bounce off, and he got really wild and angry so he grabbed a kitchen knife and came towards me with it, and I struggled with him, and he lost his balance and fell.  And I grabbed the knife and I stabbed him ‘cos I was so – I was so frightened.  And the rest of it was just a blur.  And then I realised what had happened, and I called – I called “000”.  And – and then I tried to give him CPR.  And then the ambulance came and when they asked me what had happened, I lied because I panicked, ‘cos I was so frightened.  And then I did tell the truth later on that day.  But that’s what happened, and I’ll be – and I’m sorry it happened, but I was really afraid for my life.  I’m still in shock.  But it was self defence ‘cos I was really, really terrified of him.

 

 

29           In  both  the  Crown  summary,  and  the  Crown  opening,  several  aspects  of  your

 

account of the circumstances surrounding the death of your husband were challenged.  In particular, it was said that the following matters required further scrutiny:

 

        The accused could not account for a lack of disturbance in the scene.

 

        The accused stated that she did mouth to mouth resuscitation on the deceased without moving or touching him.  Examination of crime scene photographs show undisturbed blood across the deceased’s mouth.

 

 

        When   asked   about   lying   to   the   ambulance   officer,   the   accused maintained that she had panicked.

 

        When asked about an ambulance officer commenting on the smell of alcohol on her breath, the accused maintained that she had not been drinking and that it must have been a result of touching her mouth with his mouth.

 

        When it was disclosed to the accused that blood was found on the inside of the felled seat next to the deceased, the accused altered her story stating that between the time she shot him in the back with the spear gun to the time he got the knife he must have sat down for a second or two before he lost his temper.

 

 

        The accused could not account for the position of the stab wounds high around the armpit of the left hand side.

 

        The accused maintained her story that the deceased came at her with a knife and denied stabbing him whilst he was asleep at the table

 

 

30          Your counsel submitted on your behalf on the plea that you should be sentenced on the basis that what you told the police on 31 January 2011 was basically truthful and accurate.  In particular, he submitted that I should find that the fatal wounds that you inflicted upon the deceased resulted from his attack upon you while armed with

 

a knife.  On that basis, he further submitted that I should find that you managed to gain possession of the knife after the deceased dropped it when he fell to the ground in the course of a struggle, and that you then seized hold of it and stabbed him repeatedly with it.  At that stage, it was submitted, you believed that your actions were necessary to defend yourself from death or really serious injury. It was of course conceded that there were no reasonable grounds for any such belief.

 

31          It was submitted on behalf of the Crown that I should not sentence you on the basis that the deceased had attacked you with a knife, but rather on the basis that you apprehended  an  attack  upon  you,  as  a  result  of  threats  that  he  made  on  that morning, and on the previous night, as well as his past conduct towards you.  The Prosecutor relied upon the matters identified in the Crown summary and the Crown opening as casting doubt upon what you told the police in your record of interview, as well as the lies that you had previously told police on the morning of 18 January

2011. Moreover, he relied, implicitly, upon the fanciful account that you had given police in 2005 of the circumstances that led to your offending on that occasion.

 

32           No one, apart from yourself, knows precisely what took place on the morning of 18

 

January  2011.     Your  counsel  submitted  that  your  account,  in  your  record  of interview, of having been attacked by the deceased while armed with the knife, amounted to a ‘mitigating factor’, so far as this offence was concerned.  Accordingly, he submitted, you bore the onus of proof, on the balance of probabilities, on that factual issue.  He contended that, on the evidence as a whole, you had discharged that onus.

 

33          The Crown did not dissent from your counsel’s submission that the claim that you had been attacked with a knife should be viewed as a mitigating factor, in relation to which you bore the onus of proof.  The Prosecutor submitted, however, that you had failed to discharge that onus.

 

34          I am by no means certain that the question whether the deceased attacked you with the knife before you turned it upon him involves a ‘mitigating factor’, at least in the

 

ordinary sense of that term.  It may be that that issue involves nothing more than my having to form my own view of the background circumstances leading up to the commission of this offence. If that is correct, it should not be regarded as a matter that requires any particular onus to be discharged.

 

35          I have serious reservations about the accuracy of your account in the course of your record of interview.  There are some aspects of your description of what took place on the morning in question that simply cannot be reconciled with the forensic and other evidence at the scene.  Moreover, your account of having been attacked by the deceased whilst he was armed with a knife, and having disarmed him in the way you   described,   itself   strikes   me   as   somewhat   improbable,   at   least   in   the circumstances of this case.

 

36          Nonetheless,  I  will  proceed  to  sentence  you,  as  I  must,  on  the  basis  that  you genuinely believed that you were in danger of being killed or seriously injured when you stabbed your husband to death.  Of course, your plea of guilty means that you acknowledge that you intended to kill him, or at least to cause him really serious injury, at the time.

 

37          Despite the evidence as to your psychiatric condition, your counsel did not seek to invoke any of the principles recognised by the decision of the Court of Appeal in Verdins.1    He did, however, tender a report by Dr Danny Sullivan, a consultant psychiatrist, regarding your mental state at the time.  In brief, that report described you as anxious and depressed, and in need of some psychological treatment in the future.

 

38          Dr Sullivan had two important things to say about you.  He said, in relation to your offending:

[71]     Salient factors at the time of the alleged offence appear related to Ms Edwards’ lengthy history in an abusive relationship, which is likely to have impaired her judgment and prevented her from thinking clearly or making calm or rational choices. People who

 

 

1                      R v Verdins (2007) 16 VR 269.

 

stay in violent or abusive relationships may tolerate abuse for long periods of time before retaliating with violence. At the time of the alleged offence it is possible, although not clearly made out, that intoxication was somewhat disinhibiting to her.

 

 

39           Dr Sullivan also said, on the question of remorse:

 

[40]     She told me that she stabbed him a few times and then panicked and  rang  the  police.  Ms  Edwards reported  that  she  thought about this every day and felt awful. She could not understand why she had done this.

 

 

40           In dealing with remorse, your counsel tendered a letter that you wrote on the day before the plea hearing, addressed to this Court, in which you said the following:

I am writing this letter, because I am trying to express how I feel, on the eve of my Plea Hearing, at the Supreme Court.

 

I have often thought of putting my emotions onto paper, then feel overwhelmed at the task.  “It’s impossible”, I think “to describe my anguish”.   However, I  must try.   The closest I  have been  so far, I believe, is when I wrote, ‘The Dream’.

 

The most obvious feeling that repeatedly comes to mind, is Regret.  A simple little word, yet so accurately describes the feeling which hits me hard, repeatedly, every waking minute, of every hour, of every day.  I don’t think anyone can comprehend the true Sadness experienced, the agony of a human soul, who is tormented by Regret, who has not truly a Regret of the magnitude of which I always feel.

 

“Of what does she Regret?”  you may be wondering.  “Apart from the obvious?” This is when I struggle for the right words.

 

“Life is full of Regrets”, echoes the old saying.  Yet I see now, that most “regrets” are trivial in the grand scheme of things.  I would not wish a Real, “Oh My God, what have I done? I know that I will cry for the rest of my life, and never ever again feel again that wonderful warm feeling of Peace of Mind, (which I know now, was happiness), Regret”, on my worst enemy.

 

Some things can never be put right.  Regret is a powerful teacher. Regret, so that I hope you can understand, is the feeling I get  when I think about those few minutes which changed my life, and took away the life of the man who I loved most in the world.  It’s a horrible realization, which literally creeps through your body like Hell’s version of morphine. It’s a now familiar sensation.

 

 

I remember being a physical and emotional wreck.  I had to organize the funeral, pick flowers, a casket, decide what words should go on the plaque.  It was heart-breaking.  I arranged a service with the Chaplin (sic) on the day.  Grief is a feeling I still feel to this day.  This feeling usually accompanies a memory of a loving or sweet or funny time we shared together.  It is followed by a sharp pain in my heart, which generally subsides into a feeling that my heart has been replaced with a heavy object which is crushing me.

 

 

41          It is as well for you that you wrote that letter. Without it, there would be little to indicate genuine remorse on your part. However, having given careful consideration to what you had to say, I regard your statement of your feelings as truthful. It is a significant piece of evidence in your favour. I find that you are remorseful, in the broadest sense of that term. I take that into account.

 

42          I have also taken into account your plea of guilty, your mental state which, though not  triggering  the  principles  laid  down  in  Verdins,  I  regard  as  having  some mitigatory effect, and the history of abuse that you suffered at the hands of the deceased.  Your plea of guilty was entered at a relatively early stage.  You have by that plea avoided the need for what might have been a lengthy and perhaps complex trial.  Your plea has considerable utilitarian value. I find that your plea also indicates remorse.

 

43         I have also taken into account in your favour that your actions were in no way premeditated,  but  rather  a  spontaneous  response  to  a  perceived  threat.    That response seems to have been generated in highly emotional circumstances.

 

44          I accept that you have good prospects of rehabilitation based upon your previous work record, family support and lack of prior convictions, apart from the one to which I have already referred. That conviction, which on one view is significant, and not to your credit, is nonetheless a matter that seems to have arisen out of the very same circumstances that resulted in the death of the deceased.

 

45          I have had regard to the evidence of your positive progress since incarceration, and your willingness to undergo treatment.  I consider it unlikely that, after your release from prison, you will offend again.

 

46         I have also had regard to ‘current sentencing practices’ with regard to defensive homicide.2   Your counsel drew attention to the fact that there have been some 20 sentences imposed for this offence since its introduction in 2005.3   I note that in those cases head sentences range from seven to 12 years, while non-parole periods range from four years to eight years.

 

47          It was submitted on your behalf that your offending should be viewed as being at the lower end of the scale for the offence of defensive homicide.

 

48          The Crown accepted that characterisation of the gravity of your offending, at least in broad terms.   The prosecutor specifically acknowledged that your culpability was somewhat less than that of the offender in R v Black4 who received a sentence of nine years with a non-parole period of six years.   I think that concession was properly made.

 

49         I must, however, balance the factors in your favour against those which call for a significant measure of punishment.  Your actions have resulted in the violent death of the deceased.  You inflicted multiple injuries upon him, plainly, I would have thought, intending to bring about his death.  Some of his wounds were defensive in nature.   You attacked him with both a spear gun and a knife.   By your plea, you accept that there were no reasonable grounds for any belief that you may have held that you were, at the time, in danger of death or really serious injury.  In addition, I consider that the wounds you inflicted were a disproportionate response to any threat that your husband posed to you.

50          Moreover, you told a series of elaborate lies to the police when first questioned about what had occurred.  In all probability, you were also less than wholly candid with

 

 

 

2                      Sentencing Act 1991 s 5(2)(b).

3              R v Smith [2008] VSC 87; R v Edwards [2008] VSC 297; R v Giammona [2008] VSC 376; R v Smith [2008] VSC 617; R v Taiba [2008] VSC 589; R v Baxter [2009] VSC 178; R v Trezise [2009] VSC 520; R v Spark [2009] VSC 374; R v Wilson [2009] VSC 431; R v Croxford & Doubleday [2009] VSC 516; R v Parr [2009] VSC 468; R v Evans [2009] VSC 593; R v Middendorp [2010] VSC 202; R v Black [2011] VSC 152; R v Creamer [2011] VSC 196; R v Ghazlan [2011] VSC 178; R v Martin [2011] VSC 217; R v Svetina [2011] VSC

392; R v Jewell [2011] VSC 483; and R v Monks [2011] VSC 626.

4                      [2011] VSC 152.

 

them when they interviewed you on 31 January 2011. The relevance of this is that such remorse as you have shown came belatedly, rather than at the earliest opportunity.

 

51          There is also the fact that you have a previous conviction for violence, having, as I have previously said, in 2005 inflicted multiple stab wounds upon the same victim. In my view, for the reasons previously given, that prior conviction assumes less significance in your case than it otherwise might.

 

52          In all the circumstances, I consider that the appropriate sentence for this offence is one of seven years’ imprisonment.  I would fix a non-parole period of four years and nine months’ imprisonment.

 

53          I declare that you have served 463 (four hundred and sixty three) days (not including this day) of pre-sentence detention and I order that that fact be noted in the records of the court.

 

54          Pursuant to s 6AAA of the Sentencing Act 1991, I state that but for your plea of guilty I would have sentenced you to nine years’ imprisonment, and fixed a non-parole period of 6 years.

 

55          The Court orders that pursuant to s 464ZFB(1) of the Crimes Act 1958 the forensic sample and any related material and information obtained pursuant to the informed consent given by Jemma Edwards on 31 January 2011, be retained for placement on the database.   The Court further orders that pursuant to s 78(1) of the Confiscation Act 1977 the disposal order sought in relation to the various items set out in the schedule attached be made.

 

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