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  1. #16
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    Apr 2006
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    Prosecutors may appeal Ristevski sentence after public outrage

    The Director of Public Prosecutions has left the door open to appeal Borce Ristevski's sentence following public outrage that the remorseless wife-killer could walk free in five years. ...

    "This sentence, like all sentences, will be under review for possible appeal. However, no decision has been made as yet," he said.

    Victorian opposition leader Michael O'Brien said the sentence showed Victoria had a "legal system, not a justice system." “Too many Victorians will be looking at the sentence handed down to Ristevski and shaking their heads,” Mr O'Brien said. “That’s not justice, that’s not justice or anything like it, but that’s where we are in Victoria at the moment.”

    One of the critical reasons for Justice Beale's sentence was he could not determine whether the offence was in the mid or upper range of manslaughter.

    Though manslaughter carries a maximum 20 years, latest figures from the Sentencing Advisory Council showed the average sentence ranged from a minimum seven years and three months in 2015-16 to nine years and two months in 2017-18.

    The average length of non-parole periods in the last financial year was six years and two months.

    Justice Beale said the Ristevski case was clearly not low-range manslaughter because of the aggravating domestic violence aspect.

    "Without knowing the level and duration of the violence perpetrated by you, which caused your wife's death, I simply cannot say whether your offending was mid or upper range," he said.

    Justice Beale said the fact Ristevski kept silent on how his wife died did not mean the court could assume that the killing was in the most serious category of manslaughter. ...
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  2. #17
    CC Grandmaster
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    Apr 2006
    Melbourne, Australia
    Quote Originally Posted by Patrick Byrom View Post
    It's a plea bargain:
    Melbourne man Borce Ristevski has unexpectedly pleaded guilty to the manslaughter of his wife Karen, whose body was dumped in bushland. Ristevski, 54, was about to stand trial in the Victorian supreme court, accused of murdering his 47-year-old wife Karen at their Avondale Heights home on 29 June 2016 and dumping her body in bushland. Prosecutors withdrew the murder charge and Ristevski entered a plea of guilty to manslaughter on Wednesday.
    The very fact that the court has no choice suggest that its possible to avoid harsher punishment for the crime he committed.
    P.S I would be surprised if the plea was changed for reasons other than the legal advice he was getting.
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