| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
No. 1614 of 2007
| THE DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| RALPH MATTHEW PENNISI |
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JUDGE: | HARPER J | |
WHERE HELD: | MELBOURNE | |
DATE OF HEARING: | 8-12, 15-17 SEPTEMBER 2008; 24 OCTOBER 2008 (Plea) | |
DATE OF SENTENCE: | 20 NOVEMBER 2008 | |
CASE MAY BE CITED AS: | DPP v PENNISI | |
MEDIUM NEUTRAL CITATION: | [2008] VSC 498 | |
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CRIMINAL LAW – Sentence – Manslaughter – Strangulation of de facto partner – Post offence conduct - Prior convictions – Remorse – Depressive illness – Prospects of rehabilitation – Willingness to plead to manslaughter - Sentenced to 10 years’ imprisonment – Non parole period of 7 years.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms S. Borg | Stuart Ward, Acting Solicitor for Public Prosecutions |
| For the Defendant | Mr L. Hartnett | Patrick W. Dwyer |
HIS HONOUR:
Ralph Pennisi, you have been found guilty of the manslaughter of Michelle Bishop. During the course of the hearing on your plea you did through your counsel, Mr Hartnett, accept - indeed assert - that she was a person with real qualities. In particular, in the words of your counsel, she was a good, decent, loving and caring mother to all of her six children. Two of those children were also yours. Their mother is now dead. You killed her.
She died in horrible circumstances. You and she fought in the early morning of 25 February last year. It seems that the cause of the quarrel was your failure to deliver to her a sum of money with which you had been entrusted. Whether it fell from a pocket, or was lost by some similar means, or whether you gambled it away, is not a matter for me to determine.
The fight began in the living room of the house you shared with Ms Bishop, your partner of some six years, and the six children. On your own account, you grabbed her and pushed her on to the couch. She resisted; indeed doubtless used whatever strength she had to force you to desist. She may have attempted not only to resist, but to attack. At all events, the struggle continued as you both moved towards, and then into, your bedroom. On the way, you gained possession of a length of rope. I proceed on the basis that this was by accident rather than premeditated intent. You found yourself on the bed, with Ms Bishop underneath you. You were clearly in physical command as you put the rope and your hands around her neck. Although she was not a physically weak woman, she was at that time within your power.
The jury were asked to accept as a reasonable possibility that death was instantaneous, or almost so: the result of carotid sinus stimulation causing a reflex stopping of the heart. The jury’s verdict is consistent with their accepting this as a reasonable possibility. I must therefore also accept it as such. There can be no doubt, however, that you had your hands,…
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- AGLC
- Director of Public Prosecutions v Pennisi [2008] VSC 498
- Case
- [2008] VSC 498
- Decision Date
CaseChat Overview and Summary
The legal issues centred on the appropriate weight to be given to various mitigating factors, such as Mr. Pennisi’s remorse, his willingness to plead to manslaughter, and his mental health. The court also had to balance these against aggravating factors, including his history of domestic violence, his conduct after the offence, and his failure to seek assistance for Ms. Smith. The court was required to determine the total punishment and non-parole period in accordance with the principles of sentencing for manslaughter.
The Supreme Court found that while Mr. Pennisi had shown some remorse, this was somewhat undermined by his post-offence conduct, which included obstructing the investigation and failing to provide assistance to Ms. Smith. The court acknowledged his depressive illness but considered it did not significantly impact his culpability. Given the gravity of the offence and Mr. Pennisi's prior convictions, the court deemed a substantial sentence necessary to ensure community protection and to denounce the conduct. Ultimately, the court sentenced Mr. Pennisi to ten years' imprisonment, with a non-parole period of seven years.
Orders
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Background
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Evidence
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