Found Deceased Australia - Karen Ristevski, 47, Melbourne, Vic, 29 June 2016 - #18 *Arrest*

[Deleted member 102539]

* dbm because of overzealousness

 

[SouthAussie]

That is not a remote possibility, because the Crown doesn't go into this matter without a firm view of being on the winning side. The petitions etc , while indicating public sentiment , wouldn't have moved it up to prosecution stage without legal blue ribbons in hand. .

So.. I am hopeful , cautiously hopeful.

The blokes in Gen Pop, down there at the Correctional centre would be well aware of this.

My impression of Kerri Judd, QC, just raised up a notch or twelve.
And of her staff who have done the grunt work to lodge this appeal.

 

[Via Marple]

Dumb question, but there will be a different judge for appeal right?

They will need a fresh look. IMO.

 

[SouthAussie]

Dumb question, but there will be a different judge for appeal right?

They will need a fresh look. IMO.

Yes. I believe it goes to the Court of Appeals now. Different judge .. may even be a panel of 3 different Court of Appeals judges.

The Court of Appeals is a higher court than the Supreme Court.

 

[aust amateur slueth]

So relieved to hear they finally decided to appeal, they were cutting it fine. I hope they were just letting Borce sweat as long as possible.

 

[they'll get you]

Borce's mushy peas and mashed potato may not taste quite as good tonight.
Hopefully there will be quite a bit of heckling from his fellow inmates as well.

Enjoy your porridge.

 

[SouthAussie]

So, why did Justice Beale give such a pathetic sentence in the first place?? When a year ago the High Court and the Court of Appeal said he didn't have to do that.

I bet Kerri Judd's office has been digging up all of the things that we will now dig up about this.


"On 11 April 2018, the Court of Appeal confirmed that sentencing for offences with inadequate sentencing practices can increase immediately.

... the High Court determined that Victorian courts had been giving too much weight to current sentencing practices, even when they were inappropriately low.

As a result, while Victorian courts must still take current sentencing practices into account when determining an appropriate sentence, they are no longer bound to adhere to those practices where they would result in a sentence that would be demonstrably, and manifestly, inadequate."
Victorian Court of Appeal Says Inadequate Sentencing Practices Should Change Immediately, Not Incrementally | The Sentencing Advisory Council

 

[tmar]

So relieved to hear they finally decided to appeal, they were cutting it fine. I hope they were just letting Borce sweat as long as possible.

Possibly SR will now come out with some pathetic statement, trying to support BR.
Hope BR's son expresses himself again, as he will be pleased.
Inmates will certainly be celebrating asking BR if he wants to be included.
MOO.

 

[SouthAussie]

If the appeal is accepted (how could it not be??) ......


Usually three judges will hear an appeal . Upon deciding a case, the Court of Appeal may:

• order a retrial of the case
• change the decision in a case; for example, reduce or increase a sentence of imprisonment
• conclude that there was no error and that the lower court's decision stands

https://www.supremecourt.vic.gov.au/about-the-court/how-the-court-works

 

[Edgarb]

I’m thinking a mega happy nudie run is deserved for Karen.
I dare you.

Steve I’m jumping for joy for you and your family here.

This is for Sarah’s stupid comment. HA!

View attachment 184021

Ahhh NO - Your the nudie run expert - I can't compete

What about a 2 for 1 deal?

Fantastic news for you all Steve, we are with you all the way!

 

[Trooper]

So relieved to hear they finally decided to appeal, they were cutting it fine. I hope they were just letting Borce sweat as long as possible.

Yes, I was surprised that it wasn't left until the last day COB 5pm.... what's the rush?

Since raising sweat on Borce is the driver here, they could have easily strolled a bit slower!..

This means that Borce will have to front up to a legal panel from Legal Aid to have them assess his capacity to rebut whatever conclusions the sentencing appeal matter may come down with. And this is where much scrutiny is applied , as to Borce's chances of appealing the appeal.

Not much chance , is my amateur guess..

 

[Via Marple]

So, why did Justice Beale give such a pathetic sentence in the first place?? When a year ago the High Court and the Court of Appeal said he didn't have to do that.

I bet Kerri Judd's office has been digging up all of the things that we will now dig up about this.


"On 11 April 2018, the Court of Appeal confirmed that sentencing for offences with inadequate sentencing practices can increase immediately.

... the High Court determined that Victorian courts had been giving too much weight to current sentencing practices, even when they were inappropriately low.

As a result, while Victorian courts must still take current sentencing practices into account when determining an appropriate sentence, they are no longer bound to adhere to those practices where they would result in a sentence that would be demonstrably, and manifestly, inadequate."
Victorian Court of Appeal Says Inadequate Sentencing Practices Should Change Immediately, Not Incrementally | The Sentencing Advisory Council

Great! Sounds like DPP is directly quoting the Court of Appeal,

manifestly, inadequate

 

[they'll get you]

Now we might hear from a few witnesses like Vasko, Kevvy, the mechanic, neighbours.

Would those phone’s sims that Kevvy provided hold some truths or were there regular fight the neighbours heard?
Will the truth come out?

 

[Trooper]

Now we might hear from a few witnesses like Vasko, Kevvy, the mechanic, neighbours.

Would those phone’s sims that Kevvy provided hold some truths or were there regular fight the neighbours heard?
Will the truth come out?

I am hoping... in a nervous way, that the matter of the judge disallowing the 'previous behavior ' and the 'post death behaviour' as an indicator of Borce's intentions and state of mind will be part of the judgement that may be reconsidered as part of the 'manifestly inadequate ' sentencing.

That is, those behaviours, the taking of the car, the attempt to portray Karen as a runaway, the refusal to co-operate with the police, etc.. will be given a bit of a run. As in, bundled up and tied in with the sentencing, as aggravating factors.

Of course, the fact of him pronouncing Karen as dead , just off his own bat, without any consultation with anyone of any medical expertise, AND his transportation and burial of his late wife, in a bunch of rubbish bush exposed to the elements, that too.. as an indicator of Borce's murderous intent and actions.

 

[SouthAussie]

Been reading a bit ..... when looking at the sentencing, Vic courts must look at the "standard sentence" which is about 40% of the maximum sentence and is considered the midpoint of offending. And is about what Borce was given (45%).

Then they need to look at other factors. Was this act of manslaughter (hah! murder in my book) more serious than other cases, less serious than other cases? The sentencing then adjusts up or down from the "standard sentence".
Obviously it is much more serious than other cases, the numbskull was charged with murder, for goodness sakes.

I personally feel that while Beale discounted the before and after actions in proving murder, all of those actions definitely should be considered when measuring the gravity of the offense, and relevant sentence.

If this was the USA, Borce would have gone down for 2nd degree murder imo. And, of course, his sentence would have been much greater anyway. Victoria is one of our states that is well known to have pathetic sentencing.

I mean, seriously, what does a person have to do to receive a maximum manslaughter sentence?? How much worse can 'manslaughter' get than what Borce did to Karen?

Standard Sentences | The Sentencing Advisory Council

 

[sleepinoz]

I hope the appeal turns out something like this:

Borce Ristevski’s jail term could jump from a minimum six years to a maximum 15 years if the DPP appeal is successful, according to justice department data.

Borce Ristevski’s Sentence Could Jump To Maximum Of 15 years

 

[they'll get you]

Professor Arie Freiberdg from the Sentencing Advisory Council has looked at the history of appeals and says, on average, on-parole on successful appeals go up 64 per cent and maximum sentences go up 70%.
Borce Ristevski’s Sentence Could Jump To Maximum Of 15 years

 

[they'll get you]

Outside the square could this have been a ploy by the prosecution to get Borce to admit to Karen’s death knowing full well they were going in for a the kill later.

Can it be overturned to murder with the appropriate sentence.
We need a verified attorney on board here.

 

[sleepinoz]

Outside the square could this have been a ploy by the prosecution to get Borce to admit to Karen’s death knowing full well they were going in for a the kill later.

The appeal is only on the sentencing, it won't be tried again.

They will just look at the Judges reasons for his sentence and decide if it was fair or it needs to be increased/decreased.

 

[SouthAussie]

New Zealanders are also watching this closely .......


"Prosecutors are appealing Borce Ristevksi's nine-year prison sentence for the manslaughter of his Kiwi wife, according to reports.

Karen grew up in New Zealand before moving to Melbourne from Lower Hutt.
(My note: Lower Hutt is also where kiwi girl Warriena Wright lived, before she died on our Gold Coast, thanks to Gable Tostee/Eric Thomas)

Her disappearance in June 2016 rocked her family on both sides of the Tasman. "

Borce Ristevksi to appeal against nine-year sentence for killing Kiwi wife Karen Ristevski