| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2016 0036
| DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| FERNANDO MANUEL PAULINO |
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JUDGE: | Bell J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 16 August, 13 October and 17 November 2017 |
DATE OF SENTNECE: | 21 December 2017 |
CASE MAY BE CITED AS: | DPP v Paulino (Sentence) |
MEDIUM NEUTRAL CITATION: | [2017] VSC 794 |
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CRIMINAL LAW – sentencing – murder by husband of wife – guilty verdict of jury after plea of not guilty – family violence – gender-based violence – many aggravating considerations – two adult sons left orphaned – murder preceded by pattern of coercive control by accused of victim – breach of intervention order – profound impact upon victims – evolution of sentencing practices for crimes of family violence – general deterrence, denunciation and just punishment – particular nature and gravity of the offending where man has killed a woman in family violence context – need for strong condemnation and condign punishment – vindicating fundamental value of respect for women as an aspect of just punishment – Sentencing Act 1991 (Vic).
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| APPEARANCES: | Counsel | Solicitors |
| For the prosecution | Mr A Tinney SC | Office of Public Prosecutions Victoria |
| For the defence | Mr D A Dann QC with Ms O A Trumble | Tony Hargreaves & Partners |
HIS HONOUR:
Fernando Manuel Paulino, on 15 June 2017 after a trial of some 30 days, you were found guilty by a jury of twelve of the charge of murdering your wife Teresa Paulino (née Mancuso) at Reservoir in the State of Victoria on 15 July 2013. You pleaded not guilty. It is now my responsibility to sentence you for this crime, the maximum penalty for which is life imprisonment.
The jury delivered its verdict the day after what would have been Teresa’s 53rd birthday. She is to be remembered not only for the way that she died but for the way that she lived. She was a loving mother to her sons Daniel and Luke, a loving sister to Francesca, Melina and Patrick, and a loved one of other relatives and friends far too many to mention. I will single out her brother-in-law, Nick Franco and the family friend Michael Cardamone, who went looking for Teresa on the night concerned and found her dead in her home.
Determined to be her own person, when the boys were old enough she left her unhappy marriage with you in 2010 to rebuild her life in her mid-forties. Living with her elderly mother, Teresa was engaged in productive employment, and had an active social life with many friends at work and in the community. Her next door neighbours, Nina and Petros Katsopoulos, looked out for her. She was in a loving relationship with her new boyfriend, Dario Farello, to whom she was going on the night she died. He was a very sad presence in the witness box as he was hoping the relationship would develop. Her work friends consoled her when your harassment…
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- DPP v Paulino [2017] VSC 794
- Case
- [2017] VSC 794
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining the appropriate sentence, considering the aggravating factors present in this case, including the pattern of coercive control exerted by the defendant over the victim, the breach of an intervention order, and the profound impact of the crime on the victims' two adult sons who were left orphaned. The court needed to balance the principles of general deterrence, denunciation, and just punishment with the particular nature and gravity of the offending within the context of family violence.
The court concluded that the murder was preceded by a pattern of coercive control by the defendant towards the victim, culminating in a strong condemnation and condign punishment. The court emphasised the need to vindicate the fundamental value of respect for women as an aspect of just punishment. In determining the sentence, the court referred to the Sentencing Act 1991 (Vic) and the evolution of sentencing practices for crimes of family violence. The court ultimately sentenced the defendant to a term of imprisonment with a non-parole period, reflecting the severity of the crime and the need to uphold the principles of justice and deterrence.
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