| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
S CR 2018 0213
| THE DIRECTOR OF PUBLIC PROSECUTIONS |
| v |
| BORCE RISTEVSKI |
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JUDGE: | Beale J |
WHERE HELD: | Melbourne |
DATE OF HEARING: | 27 March 2019 |
DATE OF SENTENCE: | 18 April 2019 |
CASE MAY BE CITED AS: | DPP v Ristevski |
MEDIUM NEUTRAL CITATION: | [2019] VSC 253 |
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CRIMINAL LAW – Sentence – Manslaughter by unlawful and dangerous act – Plea of guilty – Offender killed wife of 27 years in the marital home – Post offence conduct included disposal of body which was not found for eight months – Cause of death unable to be determined due to decomposition of body – How or why offender killed wife unknown – Offender has no criminal antecedents – Good prospects of rehabilitation – Total effective sentence of nine years’ imprisonment – Non-parole period of six years.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr B Kissane QC with Mr M Fisher | Office of Public Prosecutions |
| For the Accused | Mr D Hallowes SC with Mr S Norton | Stary, Norton, Halphen |
HIS HONOUR:
Circumstances of offending
Borce Ristevski, on the morning of 29 June 2016, you and your wife Karen Anne Ristevski, to whom you had been married for some 27 years, were at home at 23 Oakley Drive, Avondale Heights. Your 21-year-old daughter Sarah, who also lived there, spoke to both of you before she headed off to work. Sarah was never to see her mother alive again. Within a couple of hours of Sarah’s departure, you had killed your wife, disposed of her body in a forest in the Macedon Regional Park and started down a road of deceit that you were to continue on for nearly three years.
Although, by your plea of guilty to manslaughter, you have finally accepted responsibility for killing Karen, you have not revealed how or why you killed your wife. You may have turned off the road of deceit but you have not taken the high road of full and frank disclosure consistent with true remorse. This explains in large part why the discount for your plea of guilty will be less than you might otherwise expect.
You accepted the accuracy of the lengthy prosecution summary given at your plea hearing. Much of that summary was understandably taken up with your deceitful post offence conduct. The following condensed summary of your offending and post offence conduct comes in part from the concluding section of the prosecution summary. [1]
[1]The first four paragraphs of my condensed summary are based on [95] to [98] of the Prosecution Summary.
Based upon CCTV footage, mobile telecommunications data and network communication towers and the varying accounts given by you and a number of witnesses, you killed Karen inside your home sometime between 8.58 and 10.43 on the morning of 29 June 2016.
Within a very short time of killing Karen, you put her body into the boot of her own car and then drove from the house. You left the…
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- Director of Public Prosecutions v Ristevski [2019] VSC 253
- Case
- [2019] VSC 253
- Decision Date
CaseChat Overview and Summary
The legal issues before the court were whether the sentence imposed should reflect the unique circumstances of the case, including the disposal of the body, the absence of any criminal history on the part of the defendant, and his prospects for rehabilitation. The court had to weigh these factors against the gravity of the offence, which involved the unlawful killing of a spouse. Additionally, the court needed to determine the non-parole period, ensuring it was just and proportionate to the crime committed.
The court acknowledged the unusual circumstances of the case, including the concealment of the body and the lack of a clear motive or method. Despite the heinous nature of the offence, the court recognised Ristevski's lack of prior criminal conduct and his potential for rehabilitation. In sentencing, the court imposed a total effective sentence of nine years' imprisonment, with a non-parole period of six years. The court believed this sentence appropriately balanced the need for punishment and deterrence with the offender's prospects of rehabilitation.
The final orders of the court are that the defendant shall serve a total effective sentence of nine years' imprisonment, with a non-parole period of six years. This decision reflects the court's assessment of the unique circumstances of the case, the defendant's lack of criminal history, and the potential for rehabilitation.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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