sosocurious
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Maybe we could all send him Christmas cards ... wishing him an unhappy next 8 Christmases in prison.
that would be rubbing in the Shisha.
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Maybe we could all send him Christmas cards ... wishing him an unhappy next 8 Christmases in prison.
Did anyone catch how long he has already done in prison? They said the amount in days, and said that would be taken off the new sentence as time served.
Just trying to see how much longer he has in prison if he is a good boy and gets parole.
Thanks.
So he should be about 63 years old (I think) when he is eligible for parole.
And Sarah will be about 31 years old (I think).
The thing about that house...……… Borce borrowed on it, to the hilt, and not off one of our wonderful 'clean as snow banks,' noooo..Borce had to go underground and borrow off the 34 percenters... his 'loan ' got up to 100,000's within months..all equity in that house is a goner, I'll stake my farm on it.Young enough to reap the profits of a $mil house.
Effluent in an affluent suburb.
The complete summary of judgement - 3 pages - can be read in this link (at the bottom of the page) for those who were unable to listen to the live feed.
Summary of Judgment
Director of Public Prosecutions v Ristevski [2019] VSCA 287
6 December 2019
The Court of Appeal (Ferguson CJ, Whelan and Priest JJA) today allowed the Director of Public Prosecution’s (‘DPP’) appeal against Borce Ristevski’s sentence for manslaughter.
Mr Ristevski’s sentence of nine years’ imprisonment with a non-parole period of six years was set aside. By majority (Ferguson CJ and Whelan JA) he was resentenced to 13 years’ imprisonment with a non-parole period of 10 years.
Background
Borce Ristevski showed 'not one scintilla of remorse' over wife's death, Court of Appeal says as his sentence is increased
Thanks SA.
I wonder if a jury would /could have found him guilty of murder?
"Post murder conduct is always a very grey area, and it's not clear in every case whether its admissible or not," Mr Faris said.
He suspects the prosecution may have also had reservations about the strength of the case against Ristevski, which could have prompted the decision to cut a deal.
"If they'd proceeded to trial on a charge of murder, he could have walked. Perhaps they've made a pragmatic decision, which often happens in these kinds of trials," Mr Faris said.
https://www.theage.com.au/national/...ate-of-gerard-baden-clay-20190314-p5149m.html
I understand that the caselaw is that post-offence conduct can be taken as evidence of consciousness of guilt, but that it can't be used to distinguish between what might be consciousness of guilt for manslaughter as opposed to consciousness of guilt for murder. It's considered unreasonable to draw so fine an inference.I have actually never understood why Borce's post murder behaviour was excluded by the judge. To me, it is all part of the murder. The act of murder, the murder cover up, then the murder lies, lies, and more lies.
I have actually never understood why Borce's post murder behaviour was excluded by the judge. To me, it is all part of the murder. The act of murder, the murder cover up, then the murder lies, lies, and more lies.
Interesting that the judge who said that the original judge was snookered is the one who voted for the lower appeal sentence.
BBM, IMO, no. He would have relied on the weakness of the evidence of causation that was due to the remains being so decomposed.Same.
I guess there was concerned about being able to prove he had murderous intent. I wonder if the DDP had continues with the murder charge would Borce have offered a version of events?
Once the the plea to manslaughter was made Borce never had to say a word and justice (cough) moved quickly.
"How he killed her and the circumstances around the killing are unknown. And he'll give a version of events no doubt in the course of the plea, but the prosecutors don't necessarily have to accept that," Mr Papas told 3AW radio.
Chief Commissioner Graham Ashton says investigators were relieved that Ristevski had pleaded guilty to manslaughter.
"I think it allows for justice to move through a lot more quickly in that case. I'm not disappointed, everyone's worked very hard on that case," Mr Ashton told ABC Radio.
https://www.theage.com.au/national/...ate-of-gerard-baden-clay-20190314-p5149m.html
The trial judge was not on the appeal panel. The "snookered" question happened at the appeal hearing.I would think, the Original Judge, would not be on the panel, for the Appeal.
Certainly, he wanted a lesser sentence, again shown today.
Nice to see that our friend Kev is still there for her
Nice to see that our friend Kev is still there for her
I have actually never understood why Borce's post murder behaviour was excluded by the judge. To me, it is all part of the murder. The act of murder, the murder cover up, then the murder lies, lies, and more lies.