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

Discussion in 'Located Persons Discussion' started by Greater Than, Aug 30, 2017.

  1. Edgarb

    Edgarb Well-Known Member

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    A fortune teller and a mind reader wouldn't be a bad idea also, then I'd be content. o_O
     
  2. SouthAussie

    SouthAussie Well-Known Member

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    Family violence groups have welcomed the director of public prosecutions' decision to appeal against the sentence imposed on wife killer Borce Ristevski. Community leaders also expressed support for the move, saying many Victorians will be relieved.

    "When Australians learned that wife killer Borce Ristevski could walk free in 6 years after killing his wife Karen, outrage echoed across the country"

    "It sends a very serious message of concern to the women and the children, and to the community"

    "Australians will be closely watching the outcome"

    Family Violence Groups Support Prosecutions' Appeal Against Borce Ristevski's Sentence
     
  3. Edgarb

    Edgarb Well-Known Member

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    AUSTLII - DPP v Osborn [2018] VSCA 207 (23 August 2018)
    Supreme Court of Victoria
    Court of Appeals

    Summary - Osborn shot his girlfriend, Ms Karen Belej, in the head claiming he thought the one bullet in the barrel was on the the other side of the barrel, newly purchased gun, claims both were drinking on the day. Called 000, administered CPR for 1 hr, she was pronounced dead on Ambulance arrival, country area. Plead guilty to Manslaughter, no priors.

    Murder charge downgraded to Manslaughter + a firearms offense - "a prohibited person in possession of a firearm"

    Sentenced to nine years and two months’ imprisonment, with a non-parole period of six years.


    Appeal -

    "9 The Director relies on the following two grounds of appeal:

    Ground One:The individual sentences imposed, the total effective sentence and the non-parole period are each manifestly inadequate.

    Particulars: In imposing the individual terms of imprisonment, in making the order with respect to cumulation and in fixing the non-parole period, the Sentencing Judge:

    1. failed to properly reflect the nature and gravity of the offending and the culpability of the offender;
    2. failed to have sufficient regard to the maximum penalties;
    3. failed to give sufficient weight to the sentencing principles of just punishment, denunciation, general deterrence and specific deterrence;
    4. failed to give any, or sufficient, weight to protection of the community;
    5. failed to give sufficient weight to the impact of the offending upon the victims;
    6. failed to give sufficient weight to current sentencing practices;
    7. gave excessive weight to the factors in mitigation."
    "Ground Two: The Sentencing Judge erred in finding that because the Respondent pulled the trigger of the handgun not intending for it to discharge this ‘tends towards a lower level of gravity of manslaughter’."

    "35 As indicated, the prosecutor had submitted that the respondent had told a number of lies to police, and that his Honour should therefore be slow to accept his version of events.

    36 The sentencing judge gave careful consideration to that submission, but as we have said, rejected it. His Honour treated the ‘lies’ upon which the prosecutor relied, as, in his view, understandable errors."

    "39 The sentencing judge described manslaughter as ‘manifestly a serious offence’...That said, having found that the respondent did not intend the weapon to discharge, he concluded that this factor tended ‘towards a lower level of gravity of manslaughter’."

    "44 In addition, his Honour characterised the respondent’s behaviour as ‘an appalling’ breach of trust."

    - 22 x Victim Impact Statements tendered in sentencing hearing

    - Firearm relevant in upgraded sentence (+6 months it looks like)

    Sentence increased to one of 12 years’ imprisonment, with a non-parole period of eight years.
     
  4. Edgarb

    Edgarb Well-Known Member

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    Here's a question -

    When Judges refer to "deterrence" in applying sentences, is the deterrence aimed solely at the accused OR towards the community committing a similar criminal act OR two-fold?

    BR's low sentence has very little deterring factors in itself, but if aimed at the community then it is similarly a joke.

    Deterrance is of low priority in our laws it seems. Why?
     
  5. JLZ

    JLZ Well-Known Member

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    I believe that's the difference between general and specific deterrence. Specific deterrence is aimed at the accused and his future conduct, general deterrence is aimed at the community.
     
  6. Edgarb

    Edgarb Well-Known Member

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    I'm on a roll today ;)


    Hypothetically (touch wood), if a similar incident occurs post BR's sentencing, (a sentence which many consider "manifestly inadequate" in terms of community standards, evidenced by 78,941 signatures on the Change online petition), would a victim's family be entitled to make a civil claim arguing previous sentences, including this one, significantly failed to deter future offenders of similar crimes?

    The hip pocket talks and unfortunately is one of the major contributing factors to inducing change. IMO. :(
     
  7. SouthAussie

    SouthAussie Well-Known Member

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  8. SouthAussie

    SouthAussie Well-Known Member

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    There's a bit here about deterrence in sentencing.

    General deterrence is an appropriate sentencing purpose in all but the most exceptional case ...

    If the public is not aware that a sentence has been imposed, it cannot deter anyone other than the offender him or herself.

    When considering the effect of crimes upon victims, it should also be noted that violent crimes frequently alarm and distress people other than the immediate victims. In assessing the need for general deterrence, a sentencer must have regard to these broader impacts of the crime.
    7.5 - General deterrence
     
  9. tmar

    tmar Well-Known Member

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    Osborn called 911, carrying out CPR.
    Osborn's case is not similar to Ristevski: Osborn admitted to the 'incident', calling 911.

    Ristevski lied immediately, carrying this out continually, causing LE a great deal of investigation, and taxpayer monies.
    With just these factors alone, I hope Ristevki's sentence, on appeal, will be increased far more than of Osborn.
    MOO.
     
  10. JLZ

    JLZ Well-Known Member

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    That appeal was dismissed? DPP v Osborn [2018] VSCA 207 (23 August 2018) See the summary, after "CRIMINAL LAW", near the beginning of the document--last two lines of that paragraph. Where did you read that the sentence was increased?

    Edit: Found it, and no, that was a dissenting judgement. One judge wanted to increase the sentence but the other two overruled him.
     
    Last edited: May 15, 2019
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  11. SouthAussie

    SouthAussie Well-Known Member

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    There is a Vic case here where the sentence on appeal was increased (on a murder/aggravated burglary/theft charge).

    When I read these cases, I dont know what they are going to discuss as Borce has never said how or why he murdered ("manslaughtered") Karen, and other than the bathroom being hospital-grade clean, no-one else is sure either. I am guessing it was not a pretty murder scene though, due to the exceptional cleaning of the bathroom.

    Original sentence - 16 years with a non parole period of 13 years
    Amended sentence after appeal - 24 years with a non parole period of 20 years

    DPP v Cooper [2018] VSCA 21 (12 February 2018)
     
    Last edited: May 15, 2019
  12. Edgarb

    Edgarb Well-Known Member

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    Thanks JLZ for clarifying. I had some hope reading this, not so much now.
     
  13. they'll get you

    they'll get you CHRIS. P. BACON

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    Your day for justice has a second chance.

    'We didn't get justice today'

    Outside court, Ms Ristevski's brother Stephen Williams expressed disappointment at the sentence.

    "Nothing was going to bring Karen back, but today was about justice, and we didn't get justice today at all," he said.

    "As a society at some stage we will … in regards to domestic violence make a stand … it wasn't today."
    'We didn't get justice': Borce Ristevski gets nine years' jail for killing wife
     
  14. SouthAussie

    SouthAussie Well-Known Member

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    Yes, thanks to the uproar over this pathetic sentence, Karen's birth family has much support for justice.
    I hope they know that, as this all has got to be one massive stress and heartache for them.
     
  15. Trooper

    Trooper Well-Known Member

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    I also think that there will be a reconsidering of the matter of Sarah's letter, a most unvictimlike epistle being the only 'evidence' of Borce's good character.

    Certainly, no one else gave Borce a recommendation, and by any measurement, Sarah's statement was so very very peculiar. She wrote that letter, knowing her father murdered her mother and , if she is to be believed, kept her in the dark and petrified about it for some time.

    But she still wrote that reference , extolling in the most extravagant phrases, the gifts and glory that is Borce.

    That , surely, has to be discounted, as a component of mitigation.
     
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  16. they'll get you

    they'll get you CHRIS. P. BACON

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  17. Freddo Frog

    Freddo Frog Well-Known Member

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    I still believe he dictated a great part of that 'character reference'. How can one live with the knowledge their father killed their mother and seemingly be okay with that (not in all cases, I know some are truly horrific and justifiable, but this is certainly not that)?
     
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  18. they'll get you

    they'll get you CHRIS. P. BACON

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    Nothing about when the court date is?
     
  19. SouthAussie

    SouthAussie Well-Known Member

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    Not that I have seen yet.
    No hurry. He isn't going anywhere now. As long as the court date is within the next couple of years, and then a whole lot of non-parole years are tacked on in an amended sentence.
    I have no problem with him sitting in prison like a very nervous Nellie for a couple of years. He sure put Karen's birth family through a few years of additional pain and anguish with all of his denials and non-assistance.
     
  20. SouthAussie

    SouthAussie Well-Known Member

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    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
     

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