| IN THE SUPREME COURT OF VICTORIA | Not Restricted | |
AT MELBOURNE
CRIMINAL DIVISION
No. 1487 of 2003
| THE QUEEN |
| v |
| VANGEL STAVRESKI |
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JUDGE: | Redlich J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 2 February 2004 | |
DATE OF SENTENCE: | 6 February 2004 | |
CASE MAY BE CITED AS: | R -v- Stavreski | |
MEDIUM NEUTRAL CITATION: | [2004] VSC 16 | |
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SENTENCE – Father defends himself and mother from daughter's attack -Provocation/manslaughter – Excessive self-defence – Exceptional circumstances – Sentence wholly suspended.
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APPEARANCES: | Counsel | Solicitors |
| For the Crown | Mr R. Elston | Ms K. Robertson, Solicitor for Public Prosecutions |
| For the Accused | Mr I. McIvor | Victoria Legal Aid |
HIS HONOUR:
On Monday 2 February 2004, the accused pleaded guilty to having killed his daughter Violeta Stavreski on 5 August 2002 at their family home in Foxglove Place, Epping.
Some 30 years ago Vangel and Milla Stavreski came to Australia. At the time of the offence they were living at 2 Foxglove Place in Epping with their three children, John aged 27, Nik aged 26 and their daughter Violeta also aged 26.
Both Mr and Mrs Stavreski worked as cleaners at the Austin Hospital in Heidelberg. On Monday 5 August 2002, before leaving for work Mrs Stavreski had a strange conversation with her daughter. Upon informing her daughter that she was cooking meat that evening Violeta responded that she was not angry with her mother that she was cooking meat. As there was no particular day on which the family ate meat Mrs Stavreski regarded her daughter's response as odd, but gave it no further consideration at that time.
At about 9.30 p.m. that evening Mr and Mrs Stavreski returned home from work. The cars belonging to both their son John and their daughter Violeta were parked in the driveway. Mr Stavreski made himself a cup of coffee and then went to the shed in the rear yard to do some hobby work. Mrs Stavreski noticed that the cooking pot which she had left on the stove in preparation for the evening meal was missing. Having checked the boys' rooms she went to Violeta's room and opened the door. She then noticed that there was blood smeared on the wall. The room was in disarray. The blood smears and the state of disarray is apparent from the photographs in Exhibit 1. There was a broken picture frame on the bed which had contained a photograph of Violeta and her boyfriend. The cooking pot was also on the bed.
Mrs Stavreski called out to her daughter who was not visible. Her daughter responded saying thank you and made some other odd comment. Upon looking behind the bedroom door Mrs Stavreski observed Violeta kneeling on the floor. She had a cloth or rag covering her body. Violeta said to her mother "Do you love me?" and her mother said "Well of course". Violeta then said "Well if you love me you will come inside and I would like to kiss you. Kneel down beside me so I can kiss…
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- R v Stavreski [2004] VSC 16
- Case
- [2004] VSC 16
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to address included the nature and extent of the provocation, the adequacy of the appellant’s defence, and whether the sentence should reflect the exceptional circumstances of the case. The court considered the principles of self-defence and the doctrine of provocation, alongside the need for a sentence that would be just and appropriate given the unique facts of the case. The appellant argued that his actions were a reasonable response to an immediate and severe threat, and that the sentence should be suspended entirely due to the exceptional nature of the circumstances.
In delivering the judgment, the court acknowledged the gravity of the offence but recognised the exceptional circumstances surrounding the case. The appellant's actions were driven by a desperate need to protect himself and his wife from a violent and unprovoked attack by his daughter. The court found that the appellant’s response, while excessive, was understandable given the severity of the threat. Consequently, the court decided that a wholly suspended sentence was appropriate, reflecting the exceptional nature of the circumstances and the appellant’s immediate response to protect his family.
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