R v Parsons & Stocker
[2002] VSC 161
•13 May 2002
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
CRIMINAL DIVISION
No. 1472 of 2001
| THE QUEEN |
| v |
| DONNA MARIE PARSONS ANDREW FRANZ STOCKER |
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JUDGE: | TEAGUE J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 29 January - 20 February 2002 | |
DATE OF SENTENCE: | 13 May 2002 | |
CASE MAY BE CITED AS: | R v Parsons & Stocker | |
MEDIUM NEUTRAL CITATION: | [2002] VSC 161 | |
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Criminal Law – Sentencing – Murder – Wife procuring killing of husband – Parity considerations – Two perpetrators – Sentence for wife of 23 years with non-parole period of 18 years – Sentence for co-perpetrator of 21 years with non-parole period of 16 years.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr G Horgan S.C with Mr C Winneke | Office of Public Prosecutions |
| For the Accused Parsons | Mr M Scarfo | Marshalls & Dent |
| For the Accused Stocker | Mr G Silbert | Anthony Isaacs |
HIS HONOUR:
You have been found guilty by a jury of the murder on 15 September 2000 of Paul Parsons at Werribee. Paul Parsons was battered to death in his own home.
Donna Parsons. Paul Parsons was your husband. You procured his death. You arranged for him to be murdered. He was the father of your second daughter. He was a locksmith. He was a good provider for you and for your two daughters. He was a man who had a belief in the value of life insurance. He arranged a high level of insurance on his own life. On his death, you potentially were entitled to receive around a million dollars from his estate as the sole beneficiary.
Through your part-time work at night in a supermarket, you came to know Belal El-Ahmed. At the end of July 2000, you acquired a mobile phone for Belal El-Ahmed to use. That mobile phone was used extensively over the following weeks. You used it to keep in close contact with Belal El-Ahmed. You are a professional wrestler. You developed a business interest in promoting wrestling in Victoria. You talked to Belal El-Ahmed about assisting you in the provision of security for wrestling promotions. You talked to him about assisting you in a much more nefarious exercise. That was the murder of Paul Parsons. In late August 2000, two attempts were made to kill Paul Parsons. Both attempts involved two men. One was Belal El-Ahmed. The other was Edward Turner. They followed Paul Parsons around on a number of occasions. You spoke with them. You provided them with information about your husband and his movements. Your role as procurer is in part revealed by the pattern of phone calls, by the matters discussed between you and Edward Turner, and by the character of the attempts made on the life of Paul Parsons. Edward Turner was led to believe that Paul Parsons molested his children. The first attempt to kill him was when the brake lines on his car were cut. The second was when Belal El-Ahmed, as a passenger in a car which was being driven by Edward Turner so as to overtake Paul Parsons who was then riding on a motorcycle, pushed Paul Parsons and caused him to fall onto the roadway. After the second incident, Edward Turner showed no further interest in pursuing Paul Parsons. Belal El-Ahmed did not give up.
Andrew Stocker. Belal El-Ahmed was a friend of yours. On 15 September 2000, you finished work at Altona at 1 p.m. Shortly after that, you met up with Belal El-Ahmed near work. Shortly after that, Donna Parsons picked up Andrew Stocker and Belal El-Ahmed in her white utility at Altona. Donna Parsons drove both men to her home at 5 Lachlan Court in Werribee. Donna Parsons left both men at her home, returned briefly later, and then drove to see a friend in Sydenham. Those actions were consistent with a procurer of murder being a convenient distance away from the scene when the murder was committed. Andrew Stocker and Belal El-Ahmed went inside the Parsons home. There, they waited for Paul Parsons to return home, which he did around 5.30 p.m. Paul Parsons was struck with a crowbar and a knife. He had no chance at all of surviving the attack. He died just inside his front door. Steps were then taken to make the scene look as if there had been a burglary. Belongings of the deceased, including a mobile phone, were removed. A call was made to Donna Parsons. Donna Parsons had to come and collect the two men. It took quite some time to get home. The two daughters had to be cared for by a friend. Lies had to be told. Donna Parsons, driving her white Rodeo utility, collected Andrew Stocker and Belal El-Ahmed from 5 Lachlan Court. The utility was driven to an area nearby. It was there that Justin Strunk witnessed the parting of the procurer and the co-perpetrators of the murder of Paul Parsons. The testimony of Justin Strunk was solidly corroborated. It was compelling.
Both of you were later interviewed by the police. Each told some deliberate material lies.
Before I turn from the circumstances of the offence to your circumstances, I wish to refer to the victim impact statements placed before me. They come from the two parents, two brothers, a sister and sister-in-law of Paul Parsons. I have read the statements carefully. They reveal in part the depth of the loss suffered by those close to Paul Parsons.
I have already sentenced Belal El-Ahmed for his role in the murder of Paul Parsons. He was sentenced to imprisonment for 20 years with a non parole period of fifteen years. In arriving at that sentence, I allowed for certain mitigating considerations. They included that he pleaded guilty, albeit that, as he had admitted his involvement, the case against him was strong. They also included that he co-operated quite extensively with the police, that he demonstrated signs of remorse, and that he had some behavioural and health problems. On the other hand, I did also have regard to the aggravating consideration that he had tried twice to kill Paul Parsons in August 2000.
All three of Belal El-Ahmed, Donna Parsons and Andrew Stocker have either no prior convictions or none relevant to my sentencing task. One of my aims is to avoid any one of the three having a justified sense of grievance at the sentence imposed on the others.
Andrew Stocker. You are 25 years of age, having been born in November 1976. You were raised in a supportive family. You have taken part in church and community activities in an admirable way. You have a laudable record of educating yourself and of working hard. Further commendations are apparent from the references tendered to the court, and from the evidence of Ann Hooker as to your involvement in assisting with young offenders, and otherwise, in prison. It is rare to see such high prospects of rehabilitation. It is difficult to comprehend why you should have acted as the compelling evidence shows that you did. Even the mix of the obsession of Belal El-Ahmed with vigilante justice and the high level of your naivete perceived by Ann Hooker and the prospect of a million dollars for Donna Parsons scarcely makes for a credible explanation.
Donna Parsons. You are 39 years of age, having been born in England in July 1962. You come from a supportive family. Your older daughter, now 11, was born in England, the younger, now 5, was born in Australia. You met Paul Parsons in 1995 in England. You came to Australia and married him in 1996. You have engaged in regular employment. You have taken an active part in many activities, including at the school of your daughter, the breeding and showing of dogs and professional wrestling. I have read the glowing testimonials tendered to the court. I have taken account of them including the opinions of Dr Carroll. You will suffer the more greatly because your punishment will preclude you having any major contact with your daughters until they are young women.
I sentence you, Donna Parsons, upon the basis that you procured Belal El-Ahmed to murder Paul Parsons. Your planning extended over a period of several weeks. You transported the two killers to and from your home. Your initiation and contribution clearly warrant the highest punishment of the three.
I declare that you, Donna Parsons have spent 602 days in pre-sentence detention. I declare that you, Andrew Stocker have spent 540 days in pre-sentence detention. I direct that those details be entered in the court records.
I sentence you, Donna Parsons to 23 years imprisonment. I fix a non-parole period of 18 years. I sentence you, Andrew Stocker to 21 years imprisonment. I fix a non-parole period of 16 years.
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