Australia - JS, 32 y.o. man, charged w/ murder of 9 y.o. girl , Mt Wilson, 13 January 2022 #2

[Observe_dont_Absorb]

Oh... thanks for the explanation.

"Domestic" doesn't mean "happy family circle." It refers to any kind of abuse by a family member, a partner, or the partner of a family member. If you're a child and your mother's boyfriend harms you, that's domestic violence, even if he doesn't live with you.

The domestic violence classification does refer to the murder of CM.

The murder charge has not been exchanged for a domestic violence charge. It's been classified as a domestic violence related crime. A domestic violence related crime is arguably more serious than other crime, especially when the victim is a child, because the alleged killer - no matter who they are - has a duty of care to the person they harmed. The victim was also in a position of trust that allows an opportunistic perpetrator to harm them.

So, for example, CM may have been left with with JS because her mother was in an intimate partnership with him and trusted him with her child. However unfit a parent-figure he may have been, and however dysfunctional his relationship with the mother, he (a) had a special duty of care to CM, more so than a random abductor unknown to her, and (b) he exploited the access he had to her because of his relation to her to harm her.

These are very serious aspects of the charges, and should not be dropped. It's obviously extremely important to uphold laws deigned to product children and other victims of domestic violence. Dropping that classification would be a small win for JS, and a loss for victims generally, especially if it sets a precedent.

It's not "sad news" that the alleged crime has been classified as domestic violence related, it's good news. The police are obviously being very thorough and fleshing out the charges in the hope that a court imposes a significant sentence.

Edit: I misunderstood that the murder charge was gone and assumed now it’s down to a domestic violence incident, I imagiNed JS attack on KM. And moving around a body - JS moving CM. As ballistics couldn’t prove anything, maybe that’s all they could get on him? However re-read and see it still says once charge of homicide domestic violence classified … so, that’s a relief. Poor CM deserves justice

 

[SouthAussie]

We don't know for sure that she was alone with him for a couple of days.

Let's put it this way.

CM is alleged by police to have been killed on 11th or 12th January.
CM was reported missing on 14th January. Not on the 11th or the 12th.
I may be wrong, but one would think that if CM's mother had concerns for her welfare on 11th/12th January, CM might have been reported missing sooner than the 14th.

 

[iamshadow21]

Oh... thanks for the explanation.

"Domestic" doesn't mean "happy family circle." It refers to any kind of abuse by a family member, a partner, or the partner of a family member. If you're a child and your mother's boyfriend harms you, that's domestic violence, even if he doesn't live with you.

The domestic violence classification does refer to the murder of CM.

The murder charge has not been exchanged for a domestic violence charge. It's been classified as a domestic violence related crime. A domestic violence related crime is arguably more serious than other crime, especially when the victim is a child, because the alleged killer - no matter who they are - has a duty of care to the person they harmed. The victim was also in a position of trust that allows an opportunistic perpetrator to harm them.

So, for example, CM may have been left with with JS because her mother was in an intimate partnership with him and trusted him with her child. However unfit a parent-figure he may have been, and however dysfunctional his relationship with the mother, he (a) had a special duty of care to CM, more so than a random abductor unknown to her, and (b) he exploited the access he had to her because of his relation to her to harm her.

These are very serious aspects of the charges, and should not be dropped. It's obviously extremely important to uphold laws deigned to product children and other victims of domestic violence. Dropping that classification would be a small win for JS, and a loss for victims generally, especially if it sets a precedent.

It's not "sad news" that the alleged crime has been classified as domestic violence related, it's good news. The police are obviously being very thorough and fleshing out the charges in the hope that a court imposes a significant sentence.

Thanks for this clarification, @Webbie2021.

It's an enhanced classification, not a reduction.

I can sleep a bit easier.

 

[iamshadow21]

Edit: I misunderstood that the murder charge was gone and assumed now it’s down to a domestic violence incident, I imagiNed JS attack on KM. And moving around a body - JS moving CM. As ballistics couldn’t prove anything, maybe that’s all they could get on him? However re-read and see it still says once charge of homicide domestic violence classified … so, that’s a relief. Poor CM deserves justice

The murder charge has NOT gone. This article is from our public media service, and is the latest news on the case. The person arguing against the domestic enhancement is the defendant's lawyer. The word murder is used throughout the article as relates the charges.
Edit: I don't know how to post this without it breaking the rules, the victim's name comes up in the link. Go to ABC news Australia. Edit2: Keep scrolling, @SouthAussie has it down below!

 

[SouthAussie]

I had the same idea Observe, that they perhaps cannot prove the murder?

• Prosecutors have changed murder charge to domestic violence allegation

CM Murder

I think what is meant is that the murder is in the domestic violence category (as opposed to the murder of a police officer, a mercy killing, or another category of murder).

It can go towards a longer sentence, as stated in this link.

Murder

www.judcom.nsw.gov.au

"The documents also show prosecutors will now allege the alleged murder was domestic violence related, a classification his defence team will contest."
JS 'interfered' with CM's body after alleged murder, court hears

 

[iamshadow21]

I think what is meant is that the murder is in the domestic violence category (as opposed to the murder of a police officer, a mercy killing, or another category of murder).

It can go towards a longer sentence, as stated in this link.

Murder

www.judcom.nsw.gov.au

"The documents also show prosecutors will now allege the alleged murder was domestic violence related, a classification his defence team will contest."
JS 'interfered' with CM's body after alleged murder, court hears

Oh, thank you, I couldn't work out how to post the link without it naming names. I think I've worked it out, now, but you've done it for me. <3

 

[SouthAussie]

Oh, thank you, I couldn't work out how to post the link without it naming names. I think I've worked it out, now, but you've done it for me. <3

It wasn't till I saw your post saying that you couldn't change the link that I remembered to go back and quickly edit mine.
So thank you!

 

[JudgeJudi]

What does this actually mean?
"improperly interfere with a corpse or human remains"
I googled by it's not clear

The offence of misconduct with regard to a corpse in NSW

This falls within section 81C of the Crimes Act 1900 which carries a maximum penalty of 2 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You indecently interfered with any dead human body, or

2. You improperly interfered with, or offered any indignity to, any dead human body or human remains

‘Indecent’ has been defined as, “contrary to the ordinary standards of respectable people in this community”.

‘Interfere’ has been defined as including, “altering, defacing, removing, obliterating, concealing or adding anything to”.

An ‘indignity’ may be caused where the appropriate respect is not afforded to the body or remains.

The offence applies to both buried and unburied bodies and remains.

Duress is a defence to the charge.

The Offence of Misconduct with Regard to a Corpse in NSW

 

[iamshadow21]

The offence of misconduct with regard to a corpse in NSW

This falls within section 81C of the Crimes Act 1900 which carries a maximum penalty of 2 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

1. You indecently interfered with any dead human body, or

2. You improperly interfered with, or offered any indignity to, any dead human body or human remains

‘Indecent’ has been defined as, “contrary to the ordinary standards of respectable people in this community”.

‘Interfere’ has been defined as including, “altering, defacing, removing, obliterating, concealing or adding anything to”.

An ‘indignity’ may be caused where the appropriate respect is not afforded to the body or remains.

The offence applies to both buried and unburied bodies and remains.

Duress is a defence to the charge.

The Offence of Misconduct with Regard to a Corpse in NSW

So, just by denying her respectful, conventional treatment as a deceased person, he could be charged with this offence. The fact that he went to the extreme of putting her into a barrel and dumping her in a river compounds it.

 

[JudgeJudi]

So, just by denying her respectful, conventional treatment as a deceased person, he could be charged with this offence. The fact that he went to the extreme of putting her into a barrel and dumping her in a river compounds it.

On 2 December the prosecution told the court they had added a further charge of “improperly interfere with a corpse or human remains" and alleges he "did offer an indignity" to her remains.

The documents also show prosecutors will now allege the alleged murder was domestic violence related, a classification his defence team will contest.

IMO stuffing her body into the barrel is definitely an indignity.

CM’s alleged killer interfered with her body, court hears

 

[nightrider17]

I hope the grandmother of this beautiful girl can find some peace.


I encourage JS's parents to work to get their son to plead guilty to spare this grandmother any more agony.

I believe it's their duty to this grandmother to forsake their son's rights and do the moral thing and have their son own up to his involvement.

Just my opinion.

 

[Observe_dont_Absorb]

So, just by denying her respectful, conventional treatment as a deceased person, he could be charged with this offence. The fact that he went to the extreme of putting her into a barrel and dumping her in a river compounds it.

Yes but it's also one of those charges that LE have to 'reach for' when they can't prove the suspect took the life of the victim and IMO there is implication that the murder charge is not adequately evidenced to bring to court. JMO MOO, I am not a legal expert.

 

[Marg944]

Lawlink has JS matters listed for court on 10th Feb - for Further Mention (Committal)

 

[SLouTh]

Lawyers for JS, 31, appeared in Penrith Local Court today. JS faces a raft of charges including murder and possession of child abuse material.(Abuse material is NOT related to CM)

His lawyer Peter Katsoolis told the court he is due to meet with a representative of the Director of Public Prosecutions on February 16 for a case conference.

Mr Stein’s case will be back before the court on March 10, where it is expected pleas may be entered.

Paraphrased from

https://www.goldcoastbulletin.com.a...d/news-story/dc60a2cd832ad3fa01899609fa906334

 

[SLouTh]

Further information this pm…


The stepfather of schoolgirl CM, accused of murdering her and dumping her body in a barrel, was allegedly in possession of 21 child abuse videos, court documents have revealed.

Court documents have revealed JS is accused of possessing “16 category one, and five category two” videos which portrayed child sexual abuse.

“Videos depicted material, in a manner that would in all circumstances cause offence to reasonable persons, and is a person who is a child in a sexual context,” the documents stated.

New detail revealed in case of CM’s death as next steps outlined

 

[SLouTh]

Further information this pm…


The stepfather of schoolgirl CM, accused of murdering her and dumping her body in a barrel, was allegedly in possession of 21 child abuse videos, court documents have revealed.

Court documents have revealed JS is accused of possessing “16 category one, and five category two” videos which portrayed child sexual abuse.

“Videos depicted material, in a manner that would in all circumstances cause offence to reasonable persons, and is a person who is a child in a sexual context,” the documents stated.
New detail revealed in case of CM’s death as next steps outlined

And free version of the article here….

New detail revealed in case of CM’s death as next steps outlined

 

[Kittybunny]

And free version of the article here….

New detail revealed in case of CM’s death as next steps outlined

Thank you for keeping us up-to-date on the very little news regarding this case, it is one that breaks my heart. I hope after the trial we will learn more.

 

[SouthAussie]

Further information this pm…


The stepfather of schoolgirl CM, accused of murdering her and dumping her body in a barrel, was allegedly in possession of 21 child abuse videos, court documents have revealed.

Court documents have revealed JS is accused of possessing “16 category one, and five category two” videos which portrayed child sexual abuse.

“Videos depicted material, in a manner that would in all circumstances cause offence to reasonable persons, and is a person who is a child in a sexual context,” the documents stated.

New detail revealed in case of CM’s death as next steps outlined

I took a look at what the meaning of Category One and Category Two child abuse consists of. For those who are interested, the categories are listed on page number 25 (actual page 27) of this attached document.

https://www.sentencingcouncil.qld.gov.au/__data/assets/pdf_file/0020/512714/QSAC-CEM-consultation-paper.pdf

(The doco is a Qld one, but all of Australia goes by what is called the Oliver Scale for categorising the levels of abuse - as stated in this link.)

 

[bearbear]

A man who allegedly murdered his nine-year-old stepdaughter and dumped her body in a barrel will remain behind bars on remand.

Alleged killer of CM to stay behind bars on remand

 

[Marg944]

NSW Online Registry has listed the next court date for JS, 21st April 2023, at Penrith Court. There are only 3 case numbers listed, same as when his matters were listed previously on March 10, and also 2nd December. Yet, the last media article in March stated that JS was facing 10 charges.

"While in custody at Silverwater Jail last year, the 31-year-old was charged with possessing two unauthorised firearms and ammunition.

Police allege he stole them from a neighbouring property in August 2021 during an aggravated break in. Police do not believe the rifle and shotgun were used to kill CM.

Her would-be stepfather was also charged with possessing 21 videos that portrayed child sexual abuse but are not related to CM.

JS is now facing 10 charges, including murder, improperly interfering with a dead body, possession of authorised firearms and ammunition, aggravated break and enter, and possession of child abuse material."

Would be step-father faces court