Australia Samantha Murphy, 51, last seen leaving her property to go for a run in the Canadian State Forest, Ballarat 100km NW of Melbourne, 4 Feb 2024 #7

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Dotta said:
Well,
this Ristevsky perp also kept his lips sealed
and got only 13 year sentence for manslaughter
b/c after 8 months in wilderness the victim's cause of death seemed unknown.

"There is method in this madness"

I guess :(

JMO

Borce Ristevski's prison sentence increased to 13 years by Court of Appeal for manslaughter of wife - ABC News

amp-abc-net-au.cdn.ampproject.org amp-abc-net-au.cdn.ampproject.org
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Very true…. And most good lawyers would advise their clients not to say anything …..

That way, the onus is on the Police to prove the murder charge ….

It is however, very sad for the victims and loved ones …

IMO
 
Voluspa said:
Out of curiosity - for anyone who has followed trials in the past, have they ever mentioned an accused's prior record? Or is the law in general that you aren't allowed to discuss other crimes? Are there exceptions to this rule?

It's worrying to me that if there's not enough evidence to convict a case the killer walks free even though they have a string of other offences that clearly indicate their pattern of behaviour :(
Click to expand...

The only time that a court can hear about prior convictions during a trial is if the convictions are introduced as tendency evidence, and tendency evidence has a very high bar to reach before being admissible - so it doesn't happen much. Mostly in child sex offense cases.

This is an easy read about it .... TENDENCY AND COINCIDENCE EVIDENCE (VIC)

Other than that, at sentencing a judge can and will look at a guilty person's prior record - to help them in their determination of the sentence that will be imposed.


All your prior convictions will be listed for the court to see, no matter how long ago the offence happened. Your age at the time of the offence, and how long ago it happened can be taken into account by the judge or magistrate in determining how relevant it is to the current matter before the court.
The court will use these records when they are deciding what penalty to give you.

Legal Aid Vic - Prior Convictions
 
Trooper said:
The longer this goes on, the more inclined I am to believe that this was plannned and executed with a lot of rehearsal. That he had a place to dispose of the body before he murdered her, and that it is either underground or underwater or under a building that has not been on the radar. or else it would have been exposed by now. I think it's fair to say the body is not out in the open. And not near any horse farms, either, horses are particularly sensitive to (a) strangers in their paddock and (b) strange bodies in their paddocks ...

So either he is extremely lucky, or he planned and meticulously processed this whole matter, over and over again to get it right. There is, apparently, not much of any other sort of scenario, really...

However, VICPOL have gone toe to toe with other murderers of the same mind set, and eventually justice prevailed. Of the capacity of VICPOL to find the body, I have no doubt that they will. People are convicted of murder without a body, it happens , not a lot, but it happens enough to be comfortable with that outcome.

It is just as apparent that he has made one, or possibly more than one colossal , monumental error, or errors, because there he sits, under arrest for murder, so somewhere he has slipped up, either by talking, ( 3 can keep a secret , if 2 are dead , Benjamin Franklin) or he has been overcome with his own 'artwork' and filmed the entire thing and sent it on, I do think VICPOL are smarter than him. on any day of the week. VICPOL know the error he has made, which is why they are in no doubt that she is not only dead, but murdered, a double down of irreversible claims that VICPOL does not usually engage in.
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I am reposting this contribution from Trooper that was written earlier this week, in the context of the police searches appearing to have come to something of a standstill, at least for the time being…. I think we’ve all been waiting for news of locating SMs body…. The silence over the last week feels deafening…. In the absence of finding SMs body it will be interesting to see what lines of inquiry Police pursue next. I wonder how police are going with those 12,000 hours of cctv/dashcam footage? And the many separate reported pieces of information...? I’m in no doubt that vicpol are continuing to work tirelessly behind the scenes…. Fingers crossed some vital clues are yet to emerge…
 
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However, Victoria Police told Daily Mail Australia on Friday afternoon that 'no search activity is immediately planned'.



I have a feeling, Samantha won't be coming back

I have a strong suspicion police know what has happened, and physically she won't be able to be brought back

I don't think the police believe she is in a mine either





www.dailymail.co.uk

Search for Samantha Murphy to enter

Friday marks 40 days since the 51-year-old vanished after she left her home at Eureka Street in Ballarat East.
www.dailymail.co.uk www.dailymail.co.uk
 
SouthAussie said:
The only time that a court can hear about prior convictions during a trial is if the convictions are introduced as tendency evidence, and tendency evidence has a very high bar to reach before being admissible - so it doesn't happen much. Mostly in child sex offense cases.

This is an easy read about it .... TENDENCY AND COINCIDENCE EVIDENCE (VIC)

Other than that, at sentencing a judge can and will look at a guilty person's prior record - to help them in their determination of the sentence that will be imposed.


All your prior convictions will be listed for the court to see, no matter how long ago the offence happened. Your age at the time of the offence, and how long ago it happened can be taken into account by the judge or magistrate in determining how relevant it is to the current matter before the court.
The court will use these records when they are deciding what penalty to give you.

Legal Aid Vic - Prior Convictions
Click to expand...

IMO
It is fair.
Knowing previous crimes/offences might cause Jurors' bias towards Guilty.

The crime should be viewed only on evidence concerning specific case on trial.

But Judge can take into account recidivism of the criminal while considering the sentence.

It is very fair.

JMO
 
Nifty said:
www.dailymail.co.uk

Search for Samantha Murphy to enter

Friday marks 40 days since the 51-year-old vanished after she left her home at Eureka Street in Ballarat East.
www.dailymail.co.uk www.dailymail.co.uk
Click to expand...
The timeline in this article is good. Specialist detectives and Shane Patton announcing that one or more parties were involved in SM disappearance alines with when police began surveillance on PS.

Sad to read there are no searches planned. Wonder why?
 
Nifty said:
I have a strong suspicion police know what has happened, and physically she won't be able to be brought back

I don't think the police believe she is in a mine either

www.dailymail.co.uk

Search for Samantha Murphy to enter

Friday marks 40 days since the 51-year-old vanished after she left her home at Eureka Street in Ballarat East.
www.dailymail.co.uk www.dailymail.co.uk
Click to expand...
It’s certainly looking that way
 
ProfCluezo said:
Goodness me, the ideas are flying this evening! Such bedazzlingly creative suggestions…. If I may add my musings to the mix, what is standing out to me as most intriguing about this case are the extensive improbabilities of almost every hypothetical scenario that is entertained… it’s almost like we are trying to solve a puzzle assuming the pieces fit within a single paradigm. However there are so many inconsistencies and irregularities that it seems almost like there are two puzzles rather than just one… or perhaps a 3D puzzle… ? Do we need to consider some kind of non linear paradigm…? I can’t help but feel there are major missing piece(S) of this puzzle which upend the possibilities we are currently considering…

Another thought is that the inconsistencies may be revealing something very important about the alleged offenders’ psyche - some kind of internal duality which is reflected in the perplexing nature of the seemingly incompatible puzzle pieces we are considering….?? Something along the lines of a Jekyll and Hyde, alter-ego type scenario where the alleged crime appears to have internally conflicting elements and modus operandi…?? Police are being (appropriately) tight lipped… However the more I think about this case the more my head spins… I feel there is a lot more critical info than what we currently have to work with… Hence why it doesn’t appear to be making sense…??!! JMO… MOO….
Click to expand...
You have described this conundrum beautifully ProfCluezo. It IS just like a whopping jigsaw displayed on a table - every so often it LOOKS like things are starting to fall into place (a teeny bit) - and then...if only we could find THOSE pieces, which should be HERE!!!, but they're not - yet...

IMO police have done a remarkable job maintaining the integrity of this investigation, not releasing any information unless absolutely necessary, and being VERRRY careful with their choice of words. They know that this case will be vigorously defended, and they cannot afford to make any mistakes which could potentially jeopardise a successful prosecution.

It will take significant time for them to investigate the thousands of pieces of public information, dotting all the "i's", and crossing all the "t's for each piece, as well as following through with information which they have discovered independently of public assistance.

They'll also be very keen to avoid any "if only..." situations such as the one which occurred during the NSW Police investigation of the Backpacker Murders, where a genuine report from an "almost" victim who got away, languished in an inbox for three years (during which time other murders occurred.)
JMO
www.oxygen.com

How One Backpacker's Harrowing Hitchhiking Experience Led To Australia's Most Notorious Serial Killer | Oxygen Official Site

Read about Paul Onions, who was hitchhiking in Australia when he had a near-deadly encounter with a man later found to be "Backpacker Murderer" Ivan Milat.
www.oxygen.com www.oxygen.com
 
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Nifty said:
However, Victoria Police told Daily Mail Australia on Friday afternoon that 'no search activity is immediately planned'.



I have a feeling, Samantha won't be coming back

I have a strong suspicion police know what has happened, and physically she won't be able to be brought back

I don't think the police believe she is in a mine either





www.dailymail.co.uk

Search for Samantha Murphy to enter

Friday marks 40 days since the 51-year-old vanished after she left her home at Eureka Street in Ballarat East.
www.dailymail.co.uk www.dailymail.co.uk
Click to expand...
It’s a very sad thought, but it is looking that way. LE must have enough evidence to prove what happened and not need her body to do so.
 
Nifty said:
And they realise the search will be an unproductive endeavour
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Very curious in your thoughts on how exactly he may have achieved this????

I am rather more optimistic that they will find Sam, it just takes time … sometimes a very long time….. and it’s only been 40days and they already have a murder charge, which we don’t actually know any specific details about … it’s all speculation at this stage ….

IMO
 
He was arrested in 2 weeks from her disappearance. A stranger on stranger crime, right up there with the hardest of the hard to solve, or even to find a beginning.. But VICPOL have enough to state that Mrs Murphy is dead and her death was no accident, it was murder.

This means, in anyone's language, that he , PS , has made a monumental error. So big, so enormous, there is no coming back from it, and no watering down of any charges, and no searching for anyone else. He may not even have been told what his error was, VICPOL are so mean like that. But he most likely knows that he made one, or many, but certainly he made a crucial one, one that has him up, at 22 on the grand charge of murder of a 51 yr old woman, which does not buy you much cred in remand, and even less in prison. So he has that to look forward to.

What that mistake was will be revealed in good time, not my time, sadly, but in VICPOL time. That's how it is.
 
So to suggest there is no body left, only one thing really comes to mind for myself and that is perhaps disposal being submerged in acid.

Hydrochloric acid is required for the separation of gold if it's only particle gold, so there could be some old supplies around the town the accused had access to.

Either that or the accused purchased it and the police have the purchase on record or CCTV
 
Trooper said:
He was arrested in 2 weeks from her disappearance. A stranger on stranger crime, right up there with the hardest of the hard to solve, or even to find a beginning.. But VICPOL have enough to state that Mrs Murphy is dead and her death was no accident, it was murder.

This means, in anyone's language, that he , PS , has made a monumental error. So big, so enormous, there is no coming back from it, and no watering down of any charges, and no searching for anyone else. He may not even have been told what his error was, VICPOL are so mean like that. But he most likely knows that he made one, or many, but certainly he made a crucial one, one that has him up, at 22 on the grand charge of murder of a 51 yr old woman, which does not buy you much cred in remand, and even less in prison. So he has that to look forward to.

What that mistake was will be revealed in good time, not my time, sadly, but in VICPOL time. That's how it is.
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He was arrested a month after she disappeared. Not two weeks.
 
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