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

Here's something a bit interesting. The Court of Appeal started a webcast pilot of (some of) their hearings a couple of years ago. There is a list of webcasts to listen to ... one of them being DPP v Brandon Osborn, an appeal against the sentencing for Manslaughter and Prohibited Person Possess Firearm.

There are none on the list past August 2018. Not sure if they have decided not to webcast any of these hearings any more. Though, you never know. This case and appeal have such a huge public profile, maybe the appeal hearing will be webcast.

Still, for anyone who wants to hear what goes on in these hearings, there are some real examples to listen to.

https://www.supremecourt.vic.gov.au/case-summaries/court-of-appeal-proceedings


Huge thank you SA this will keep me out of mischief for an hour or two.
 
Another murder from which the daughter may benefit from her mother's death, by siding with her father.

https://www.smh.com.au/national/wes...-set-to-inherit-millions-20190516-p51o3f.html

Not saying Sarah did anything like Tiffany did, of course. MOO

So the husband has been jailed for life with a minimum of 20 years.
Her body was found stuffed in a suitcase in the Swan River on July 2, 2016. Prosecutors had alleged Ms Chen was bludgeoned to death at her Mosman Park home before being dumped in the river.
https://www.smh.com.au/national/wes...s-body-in-the-swan-river-20181122-p50hmb.html

Murdered at home.
Stuffed in between two logs and dumped in the bush.

What’s the difference here!!

Oh I forgot.
The difference is Victoria. The slack state.
 
A murderer in NSW today got twenty years for killing his wife. He stabbed her multiple times and waited to call the police.
Where’s Karen’s justice?

I didn’t supply a link.
Man accused of stabbing wife to death told police 'I killed her', court hears

This NSW bloke stabbed his Mrs but called the cops and admitted to the murder and got 20 years!
NoRemorseBorse hid Karen and lied to the police and got a wrap across the knuckles.

Difference again is Victoria.
I can see a disgusting pattern forming here.
 
Meanwhile in Sydney...

NEWS.com.au: Man jailed for ex-girlfriend's NSW murder. https://www.news.com.au/national/breaking-news/dad-says-killer-is-beast-with-human-face/news-story/bca38aa9977ce4a57364d8c9e1152e29

A "possessive, controlling" man who punched, strangled and threw his ex-girlfriend off the balcony of her 23rd-floor Sydney unit has been jailed for a crime "seen with distressing frequency".

June Oh Seo, 38, will spend at least 16 years and 10 months behind bars for murdering Hee Kyung Choi - a crime he only admitted more than a year after claiming she killed herself.

(maximum term is set at 22 years and six months.)

Not very clear in the news reports, but it looks like a murder charge that he is now convicted of. Doesn't seem like there's negotiation for manslaughter. I suppose he is determined to have a motive, whereas good old Borce......:rolleyes:

So when is the appeal against Borce' sentence?
 
Date set for wife killer Ristevski appeal

A bid to increase the jail term handed to Melbourne wife killer Borce Ristevski will be considered by Victoria's Court of Appeal in November.
Ristevski was jailed in April for at least six years after admitting the manslaughter of his wife, Karen, but with time already served he could walk from prison on parole in December 2023.
An appeal by Director of Public Prosecutions Kerri Judd QC against the maximum nine-year sentence is set to be heard on November 13.

Date set for wife killer Ristevski appeal - 9News
 
Bus driver who crashed into Montague Street bridge jailed for five years / ABC NEWS
------------------------------------
Wife killer Borce Ristevski gets minimum 6 years behind bars / MOJO NEWS


No way, we don't have a problem with our Justice system....
 
Bus driver who crashed into Montague Street bridge jailed for five years / ABC NEWS
------------------------------------
Wife killer Borce Ristevski gets minimum 6 years behind bars / MOJO NEWS


No way, we don't have a problem with our Justice system....

Victoria comes up trumps with soft * justice.
 
20.4.7 - Fresh Evidence
The Court of Appeal must not increase a sentence on the basis of evidence that was not given at the trial or sentencing hearing, unless:
  • on an appeal under s291 of the Act, the evidence relates to the offender’s failure to fulfil an undertaking to assist law enforcement authorities; or
  • the sentencing court was misled at the sentencing hearing concerning a material fact and an increase in sentence is necessary in the interests of justice (CPA 2009s321). / JUDICIAL COLLEGE VIC
Interesting, I wonder where the prosecution will start, they have plenty to put forward and maybe new evidence imho.
 
20.4.7 - Fresh Evidence
The Court of Appeal must not increase a sentence on the basis of evidence that was not given at the trial or sentencing hearing, unless:
  • on an appeal under s291 of the Act, the evidence relates to the offender’s failure to fulfil an undertaking to assist law enforcement authorities; or
  • the sentencing court was misled at the sentencing hearing concerning a material fact and an increase in sentence is necessary in the interests of justice (CPA 2009s321). / JUDICIAL COLLEGE VIC
Interesting, I wonder where the prosecution will start, they have plenty to put forward and maybe new evidence imho.

Edgarb i love that information but it’s been stated here that the old evidence can’t be submitted. I just don’t understand that.
If he admitted to murdering Karen then why can’t he be judged on that. The law is an arse, not *advertiser censored*.
The drongo needs a lifelong stint.
 
Edgarb i love that information but it’s been stated here that the old evidence can’t be submitted. I just don’t understand that.
If he admitted to murdering Karen then why can’t he be judged on that. The law is an arse, not *advertiser censored*.
The drongo needs a lifelong stint.
The crime of murder has a physical element and a mental element. BR hasn't admitted to the mental element, so he hasn't admitted to murder.
 
I respect your thoughts JLZ but could you explain that to this dummy please?
In pleading guilty to manslaughter BR has (more or less) admitted that he caused Karen's death and that it wasn't the most innocent of accidents. For it to be murder, it needs to be more than that. Traditionally for murder there needed to be an intention to kill or cause grievous bodily harm, or a reckless indifference to whether death resulted. That's the mental element. Some other categories of murder have since been defined by legislation. Murder and Manslaughter (Vic) - Go To Court Lawyers

The other problem is, BR pleaded guilty to manslaughter because he was offered a deal which involved dropping the murder charge. They can't say ha, got you, and bring the murder charge again using his guilty plea to manslaughter as evidence that he caused the death, let alone evidence that he intended to kill. You'll say why not and I don't have the technical knowledge to properly answer you.
 

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