- Child killer's sentence 'inadequate', court hears
- By Kate Hagan
- The Age
- 21/04/2009 Make a Comment
- Contributed by: The Rooster ( 258 articles in 2009 )
Prosecutors have urged Victoria's Court of Appeal to impose a harsher sentence on a woman who murdered her sons by drugging and suffocating them, arguing that a parent killing a child was the worst type of murder.
During an appeal hearing today, Tom Gyorffy, for the Crown, argued Donna Fitchett's sentence of 24 years - with a minimum of 18 - to be served in a secure psychiatric facility, was manifestly inadequate.
Fitchett, 49, was found guilty in May of murdering her sons Thomas, 11, and Matthew, 9, at their Balwyn North home on September 6, 2005.
She told them she was taking them on a trip and they needed medicine so they would not be sick, before giving them sedatives. Fitchett waited until they were asleep before suffocating them.
Mr Gyorffy said the worst category of murder, warranting the maximum penalty of life imprisonment, was one "where the intention is to kill a helpless child in the care and protection of (his or her) parents".
He said the maximum life term could then be reduced by mitigating factors if appropriate.
Mr Gyorffy said he agreed with the remarks of Supreme Court Judge Geoffrey Nettle, who said in sentencing Fitchett: " . . . the idea of a mother intentionally killing her children is particularly shocking.
"Your sons' lives were given to you to nurture and cherish and instead you intentionally killed them by means which were premeditated, cold-blooded and brutal."
Mr Gyorffy said Fitchett's sentence did not reflect, however, those findings about the nature and gravity of her crimes.
In response, Patrick Tehan, QC, for Fitchett, said Justice Nettle had placed significant weight on the fact that Fitchett was suffering from a significant depressive disorder in sentencing her.
He made a separate appeal against Fitchett's conviction and sentence, arguing the jury's verdict was "unsafe" because it ignored evidence that she was mentally impaired at the time of the killings.
Court of Appeal Justices Peter Buchanan, Frank Vincent and David Ashley will deliver their finding at a date to be determined.
During an appeal hearing today, Tom Gyorffy, for the Crown, argued Donna Fitchett's sentence of 24 years - with a minimum of 18 - to be served in a secure psychiatric facility, was manifestly inadequate.
Fitchett, 49, was found guilty in May of murdering her sons Thomas, 11, and Matthew, 9, at their Balwyn North home on September 6, 2005.
She told them she was taking them on a trip and they needed medicine so they would not be sick, before giving them sedatives. Fitchett waited until they were asleep before suffocating them.
Mr Gyorffy said the worst category of murder, warranting the maximum penalty of life imprisonment, was one "where the intention is to kill a helpless child in the care and protection of (his or her) parents".
He said the maximum life term could then be reduced by mitigating factors if appropriate.
Mr Gyorffy said he agreed with the remarks of Supreme Court Judge Geoffrey Nettle, who said in sentencing Fitchett: " . . . the idea of a mother intentionally killing her children is particularly shocking.
"Your sons' lives were given to you to nurture and cherish and instead you intentionally killed them by means which were premeditated, cold-blooded and brutal."
Mr Gyorffy said Fitchett's sentence did not reflect, however, those findings about the nature and gravity of her crimes.
In response, Patrick Tehan, QC, for Fitchett, said Justice Nettle had placed significant weight on the fact that Fitchett was suffering from a significant depressive disorder in sentencing her.
He made a separate appeal against Fitchett's conviction and sentence, arguing the jury's verdict was "unsafe" because it ignored evidence that she was mentally impaired at the time of the killings.
Court of Appeal Justices Peter Buchanan, Frank Vincent and David Ashley will deliver their finding at a date to be determined.
Source: https://www.theage.com.au/national/child-killers-sentence-inadequate-court-hears-20090420-acme.html
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