Killer "doesn't deserve life in jail"
A man who brutally killed an elderly woman, then later raped her body, is not enough of a risk to the community to be jailed for life, a judge has ruled.Brisbane Supreme Court Justice James Douglas on Friday sentenced Maurizio Perini, 38, to
13 years behind bars for the horrific attack on 76-year-old Carmel Wuth at her Southport unit on March 29, 2008.
As a serious violent offender, Perini
must serve 80 per cent of the sentence before he is eligible for parole.But Ms Wuth's family say they will appeal the sentence.
Ms Wuth died in her retirement village unit after being repeatedly bashed and stabbed by Perini, who also lived at the complex.
The court was told Perini had been furious about being handed an eviction notice after residents, including Ms Wuth, had complained about his anti-social behaviour, which included putting knives in their rooms.
Prosecutor Sal Vasta said Perini entered Ms Wuth's room through an unlocked door and attacked her as she lay sleeping in her bed.
Perini returned to the room hours after her death and raped her, later coming back a third time to ransack her belongings.He was originally charged with Ms Wuth's murder, however this was reduced to manslaughter after the Mental Health Court in Brisbane ruled he was suffering from diminished responsibility due to an abnormality of mind.Perini pleaded guilty to one count each of manslaughter and burglary and stealing, two of misconduct with a corpse, and two of entering a dwelling with intent and circumstances of aggravation.
Mr Vasta had urged Justice Douglas to impose the maximum sentence of life for the manslaughter charge, saying it was in the worst category.
He said life imprisonment would provide vital protection to the community.
However, Justice Douglas disagreed, citing evidence from a psychiatrist which suggested Perini could learn valuable life and coping skills in jail, which could enable him to reintegrate with society upon his release.
The doctor also said in his report that Perini was now on a combination of medications, which helped keep him calm and more able to deal with frustration.
Justice Douglas agreed Perini's diagnosed abnormality of mind - which Mr Vasta said meant he was "devoid of a conscience" - was a mitigating factor in the offence as it meant his moral culpability was diminished.
"You appear to display no consciousness of the severity of the crimes that you have committed, nor any remorse for them," Justice Douglas said.
He said Mr Vasta had not proved the risk of Perini reoffending was enough to justify longer than 13 years in jail.
"It's not enough risk to warrant a life sentence as a precautionary approach," he said.
Outside court Ms Wuth's cousin Robyn Wuth said they would urge state Attorney-General Cameron Dick to appeal the sentence, which they said was too low.
Robyn said her cousin had been born with a disability, and that she was innocent, child-like and completely undeserving of such a tragic end to her life.
"For her to die in such a degrading and terrible way is just the final insult," she said.
"We will definitely be seeking an appeal at the earliest stage."
Queensland Attorney-General Cameron Dick told AAP he was taking advice on the prospects of an appeal to lengthen the sentence.
"This case is greatly disturbing," Mr Dick said.
"It also involves very serious and complex matters, including a ruling by the Mental Health Court that the offender had 'an abnormality of mind'."
An appeal can be lodged within 28 days from the day of sentencing.
From:
http://au.news.yahoo.com/queensland/a/-/newshome/7794751/killer-doesnt-deserve-life-in-jail/痴線...咁都係座13年...仲可以係10年到之後保釋...
