| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No 1485 of 2005
| THE QUEEN |
| v |
| PAUL JASON MARGACH |
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JUDGE: | NETTLE JA | |
WHERE HELD: | Melbourne | |
DATES OF HEARING: | 24-30 April, 1-9 May 2008 | |
DATE OF SENTENCE: | 18 July 2008 | |
CASE MAY BE CITED AS: | R v Margach | |
MEDIUM NEUTRAL CITATION: | [2008] VSC 255 | |
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Criminal Law – Sentence – Murder of wife by husband – Re-trial – Defence of provocation rejected – Reduced moral culpability the result of psychological disorder – Burden of imprisonment greater than for man of normal health – Whether previous sentence manifestly inadequate – Prisoner sentenced to seventeen years with a non-parole of thirteen years and six months.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Ms A L Forrester | Ms A Cannon Solicitor for Public Prosecutions |
| For the Accused | Mr P A Dunn QC with Ms S E Cure | Clarebrough Pica Accredited Criminal Law Specialists |
HIS HONOUR:
Paul Margach, the jury have found you guilty of the murder of your wife, Tina Margach, on 15 October 2004.
You met the deceased when you were both teenagers and were married six years later in 1990. You were then 23 years of age and she was 21. You had two children: Erin, born on 28 November 1995; and Bree, born on 5 December 1999. Erin witnessed the murder of the deceased and gave evidence at your trial.
The deceased was born on 9 July 1968 and educated at Penleigh and Essendon Grammar where she complete year 11. Later she qualified as a secretary at Stotts College and, until the time of Erin’s birth, she worked as such at one of the major accounting firms. Some time before her death, she returned to work three days a week as an administrator with a cleaning agency.
You were born on 27 May 1966 in Kenya and at an early stage of your life were sent to boarding school in England. Later you attended a day school in London and then, after your parents emigrated to Australia in 1982, you completed your schooling here. You are a man of high intelligence. You duxed in maths and sciences at the Catholic Regional College, Sydenham and later graduated as a Bachelor of Mechanical Engineering from the University of Melbourne. Then, until the night of the murder, you worked as a mechanical engineer and later as a quality assurance engineer and manager in the automotive industry. A former work colleague who gave evidence on the plea spoke highly of your capacity and the abilities which you demonstrated in a demanding work environment.
Over time, however, your relationship with the deceased became dysfunctional. According to the psychiatric evidence before me, you had long-standing problems with jealousy. Consequently, you were inordinately possessive of the deceased and resentful of anyone who admired her or complimented her on her appearance. Part of the problem may have been that you were working relatively long hours and under considerable financial stress. You were carrying a mortgage…
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- AGLC
- R v Margach [2008] VSC 255
- Case
- [2008] VSC 255
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the previous sentence was manifestly inadequate and whether the defendant's psychological condition impacted his moral culpability. The court examined the evidence and arguments presented regarding the defendant's mental state and the severity of the crime. It considered the impact of the defendant's psychological disorder on his capacity for self-control and the burden of imprisonment on him.
In its reasoning, the court acknowledged the defendant's reduced moral culpability due to his psychological disorder and the greater burden of imprisonment for someone in his health condition. The court concluded that the previous sentence was manifestly inadequate, and the defendant was re-sentenced to seventeen years imprisonment, with a non-parole period of thirteen years and six months. The court balanced the need for punishment, deterrence, and rehabilitation in determining the new sentence.
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Background
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