LEGISLATION brought about by advocacy of the family of a Mildura woman who was shot and killed by her partner in 2016 has resulted in an increase in the maximum penalty for manslaughter.
Former Member for Mildura Peter Crisp originally raised the issue in Victorian Parliament in 2017 on behalf of the family of 31-year-old Karen Belej, who was shot by Brandon Leigh Osborn when he pointed a .357 Magnum handgun loaded with a single bullet close to her head and pulled the trigger.
Initially charged with murder, Osborn had the charge downgraded to manslaughter under a plea bargain by the Director of Public Prosecutions and was sentenced to a maximum nine years’ jail with a minimum of six on the manslaughter charge.
The new “homicide by firearm” offence — which also includes child homicide and workplace manslaughter — increases the maximum penalty for manslaughter from 20 to 25 years’ imprisonment.
The Director of Public Prosecutions refused to appeal Osborn’s sentence to the High Court following a failed Court of Appeal challenge, however the then Attorney-General Martin Pakula assured the Belej family the government would develop legislation to create a new offence of homicide by firearm.
The government said the legislation responded to cases where offenders were convicted of manslaughter after claiming they did not intend to discharge the firearm.
The maximum penalty represents the sentence that would be imposed for a “worst category” instance of an offence, taking into account both the nature of the criminal conduct and the offender’s circumstances.
Current Attorney-General Jill Hennessy said by boosting the maximum penalties the government acknowledged the seriousness of the offences and the ongoing trauma inflicted on the family and loved ones of victims.
“Thank you to the families who have acted with dignity and determination in advocating for the new offence of homicide by firearm – the victims in these cases must not be forgotten,” Ms Hennessy said.
Member for Mildura Ali Cupper said she welcomed the passing of the Bill with cautious optimism.
“The legislation will bring sentences for these types of crimes more closely in line with community expectations,” Ms Cupper said.
“While I acknowledge this change isn’t going to bring Karen back, and in that sense justice can never be properly served, hopefully her legacy can be strengthened by this reform to the legislation.
“I would like to pay tribute to the Belej family, who really led the campaign for this change, as well as former Member for Mildura Peter Crisp, who originally brought this issue to Victorian Parliament in 2017.”
In addition to Karen Belej, Member for Eastern Victoria Edward O’Donohue acknowledged the tragedy of and the advocacy of those who knew and loved Tamara Turner, who was shot and killed by her partner and whose body was left outside Mildura Base Hospital in 2016.
“This reform is drawn from not a large cohort of cases, but that by no means diminishes the importance of those cases and the significance of making a change to reflect the sentencing problems that have been identified so eloquently and so powerfully by families and others who have campaigned following tragedies such as the death of Ms Belej,” Mr O’Donohue said.
