Found Deceased Australia - Kristie Powell, 39, Bellambi NSW 4th October, 2018

[Checkin]

I'm surprised he hasn't been locked up in a psych ward

A shame he hadn't already been locked up in a psych ward. There wouldn't be a baby with a murdered mother.

 

[Bohemian]

Bless him:

Kristie Powell: Brother to take in slain single mother's infant boy

 

[imstilla.grandma]

There was only standing room left available when the 39-year-old was farewelled by grieving friends and family at a funeral service today, as it was revealed her younger brother Ryan Powell and his wife Michelle would take young Slater in.

Mr Baker, who has five children of his own, said the infant meant absolutely everything to his sister and lamented the short time they had to share together. A picture of the infant boy rested on the top of her wooden coffin.
Kristie Powell: Brother to take in slain single mother's infant boy

 

[sleepinoz]

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There was only standing room left available when the 39-year-old was farewelled by grieving friends and family at a funeral service today, as it was revealed her younger brother Ryan Powell and his wife Michelle would take young Slater in.

Mr Baker, who has five children of his own, said the infant meant absolutely everything to his sister and lamented the short time they had to share together. A picture of the infant boy rested on the top of her wooden coffin.
Kristie Powell: Brother to take in slain single mother's infant boy

BBM - So annoying "Mr Baker".

This boy is so blessed to have such people wanting him to be in their family.

 

[leyash]

I feel sorry for her when nothing was done by police after reporting those messages. It seems to be all too common that nothing is done unless some 'violence' has already occurred. Is this true? Does anyone know wrt to stalkers? It's what i've heard but could be wrong...

Not sure about everywhere, but I live in Texas, and this is very much the case here. If you are being stalked, good luck, because unless you have hardcore video proof, there's nothing that will be done. Even threatening text messages won't result in anything but a talking to from police, if that.

 

[leyash]

I love that he already feels so at home. I'm sure that's all Kristie would have wanted.

ETA: I also thank GOD he won't remember any of this when he gets older.

 

[iailwa]

Not sure about everywhere, but I live in Texas, and this is very much the case here. If you are being stalked, good luck, because unless you have hardcore video proof, there's nothing that will be done. Even threatening text messages won't result in anything but a talking to from police, if that.

Yer I'm not sure about here in OZ. Would have to look it up... just heard through the grapevine, that unless he uses violence he's untouchable. Not sure about CCTV. Another issue i'm not sure about is 'threats of violence'. I shed no light really. Yes, it beautiful her brother has taken in her son, just lovely. Hope it all goes so well for them!

 

[Beagle]

Yer I'm not sure about here in OZ. Would have to look it up... just heard through the grapevine, that unless he uses violence he's untouchable. Not sure about CCTV. Another issue i'm not sure about is 'threats of violence'. I shed no light really. Yes, it beautiful her brother has taken in her son, just lovely. Hope it all goes so well for them!

I can't remember what all the issues were, but we got an avo due to lots of voices messages that he left on our phone ... in the end he threatened to call 5 times a day for the rest of our lives because that wouldn't be harassment .... we got one for 3 years which is rare normally it is 1 year NSW down under

will have to find all the court records to clarify what happened

 

[SouthAussie]

I wonder what happened in court today? I can't see anything in MSM.

He did not enter a plea nor apply for bail and the matter was adjourned to Wollongong Local Court on October 17.
Man accused of murdering NSW mother Kristie Powell refused bail

 

[Via Marple]

Alleged Bellambi killer asks to enter a plea in first Wollongong court appearance

Kirklman did not apply for bail on Wednesday and it was formally refused.

The case will return to court on December 19.

 

[sleepinoz]

Supreme Court of New South Wales

Judgment Just In:
The Supreme Court sitting at Wollongong has found Mr Kirkman not guilty by reason of mental illness of the murder of Ms Kristie Powell. Mr Kirkman will be detained by the Mental Health Review Tribunal.
Read the judgment here: https://bit.ly/2sGqdfe

 

[SouthAussie]

Supreme Court of New South Wales

Judgment Just In:
The Supreme Court sitting at Wollongong has found Mr Kirkman not guilty by reason of mental illness of the murder of Ms Kristie Powell. Mr Kirkman will be detained by the Mental Health Review Tribunal.
Read the judgment here: https://bit.ly/2sGqdfe

Oh geez ... that is scary. So he gets to stay in a mental institution 'from time to time'. His meth use isn't a factor because he says that 'voices' told him to kill Kristie, and they can't prove he was using meth that night.

So, if (when) the mental institution decide that he isn't going to kill anyone else, he is out of there. Out to perhaps restart his meth use and do it all over again.

 

[JLZ]

I feel a distinction should have been discussed between not knowing the act is wrong because of a psychotic state and being of the opinion that the act is not wrong because of the accused's attitude to the victim. I accept that the accused had a "disease of the mind", but the judgement doesn't persuade me that the killing is explained by the disease to the exclusion of moral culpability.

 

[SouthAussie]

I feel a distinction should have been discussed between not knowing the act is wrong because of a psychotic state and being of the opinion that the act is not wrong because of the accused's attitude to the victim. I accept that the accused had a "disease of the mind", but the judgement doesn't persuade me that the killing is explained by the disease to the exclusion of moral culpability.

I agree. The judgement says that he knew he did wrong. So he willingly decided to do something that was VERY wrong. And then tried to get away with it.
It is not like he sat at the scene, or just went home, and said 'the voice told me to do it' and waited for all of the praise.


"I also find that the accused appreciated, on a superficial level, the legal wrongfulness of his actions. I say that because of the steps taken before the homicide to hide it (for example, the purchasing of the gloves that were worn at the scene, no doubt to avoid leaving incriminating fingerprints or DNA); the steps taken afterwards to hide it (for example, his prompt departure from the scene, the changing of his clothes, his arrest hundreds of kilometres away), and the appreciation by the accused that incarceration would follow if he were detected (even though that appreciation also included a belief in subsequent rescue that was pure fantasy)."
"I am of the opinion that the accused believed that he was bringing to fruition a plan that was praiseworthy, in some sense preordained by destiny or higher forces, and to the benefit of humankind."

 

[JLZ]

I agree. The judgement says that he knew he did wrong. So he willingly decided to do something that was VERY wrong. And then tried to get away with it.
It is not like he sat at the scene, or just went home, and said 'the voice told me to do it' and waited for all of the praise.


"I also find that the accused appreciated, on a superficial level, the legal wrongfulness of his actions. I say that because of the steps taken before the homicide to hide it (for example, the purchasing of the gloves that were worn at the scene, no doubt to avoid leaving incriminating fingerprints or DNA); the steps taken afterwards to hide it (for example, his prompt departure from the scene, the changing of his clothes, his arrest hundreds of kilometres away), and the appreciation by the accused that incarceration would follow if he were detected (even though that appreciation also included a belief in subsequent rescue that was pure fantasy)."
"I am of the opinion that the accused believed that he was bringing to fruition a plan that was praiseworthy, in some sense preordained by destiny or higher forces, and to the benefit of humankind."

A cursory check of a very old textbook indicates that while English law considers the person legally sane if he knew that the act was legally wrong, Australian law applies a different standard in that it requires that the person knows that the act is morally wrong. So the fact that he knew he'd committed a crime, in the legal sense, doesn't necessarily imply sanity.

 

[SouthAussie]

A cursory check of a very old textbook indicates that while English law considers the person legally sane if he knew that the act was legally wrong, Australian law applies a different standard in that it requires that the person knows that the act is morally wrong. So the fact that he knew he'd committed a crime, in the legal sense, doesn't necessarily imply sanity.

Isn't it great that us Aussies can make up legal defences for these killers? They don't even have to do that themselves.