1014CCJ Assessment 1 Homicide Case Study PDF

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1014CCJ Assessment 1 Homicide Case Study Griffith University...

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ASSESSMENT 1

1014CCJ Homicide Assessment 1: Homicide Case Study

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Assessment 1: Homicide Case Study Question 1 The homicide in this case was determined to have been a murder, defined as an act of wilful killing with the intent to kill or cause grievous bodily harm. In sentencing of the offender, Gavin De Beyer, the judge concluded that the offender had “killed the deceased by a spontaneous act with the intention of inflicting grievous bodily harm upon her”. This directly aligns with the principle of murder (R v Gavin John De Beyer, 2017). This murder can be further defined as an ‘intimate partner homicide’ (IPH), whereby the victim and offender are either current or former partners. In this case, the offender and the victim, Sharon Michelutti, had been in a relationship for over 30 years and were married from 2001 up to the time of the offence, in 2016 (R v Gavin John De Beyer, 2017).

Question 2 The offender, Gavin De Beyer, was a 50-year-old Caucasian male, father to five children and husband to the victim, Sharon Michelutti, at the time of the offence in 2016 (R v Gavin John De Beyer, 2017). His prior criminal history entailed intermittent stalking and intimidation of the victim and breaches of apprehended domestic violence orders (ADVOs) taken out against him by the victim. Any other prior criminal activity was not considered significant to this case by the court (R v Gavin John De Beyer, 2017).

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Evidence was found during the trial indicating that the offender was frequently violent towards the victim during arguments (R v Gavin John De Beyer, 2017). Mr De Beyer was known to have had substance abuse issues over the course of his life and leading up to the murder, including the excessive long-term use of alcohol, cannabis, and amphetamines and eventually methylamphetamine (R v Gavin John De Beyer, 2017). During statements from the offender’s mother, Barbara Booth, it becomes apparent that the offender and his three siblings were made to witness to domestic violence against their mother by their father from a young age and that Gavin may have been violently abused himself. Following this, his parents then divorced while he was still very young (R v Gavin John De Beyer, 2017).

Question 3 Upon examining the Intimate Partner Homicides in NSW: 2005 to 2014 study by NSW Bureau of Crime Statistics and Research (BOCSAR) (Ramsey, 2015), it is clear the offender’s characteristics in this case are reasonably similar to the general pattern of IPH offenders. This study reports 80.8% of IPH offenders were male, though most male offenders were aged 25-44 and that the average age of male offenders was 43.6 years old making De Beyer slightly older that the average male offender. BOCSAR found that almost a third of IPH victims were protected by an ADVO and that three quarters of these were in place to protect the victim from the suspected homicide offender (Ramsey, 2015).

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Being a regular consumer of illicit drugs and alcohol draws further similarities between the offender in this case and the general pattern of offenders as determined by the Australian Institute of Health and Welfare (2019) in a study between 2010 and 2014 that “more than half of the people who killed an intimate partner were affected by alcohol, other drugs, or both”. A final likeness between the offender and the general pattern is that, as found by Carrington & Philips (2006), “children of victims [of intimate partner violence] are also at risk of continuing the violence with their own children and partners” which is true of De Beyer as he witnessed his mother as a victim of intimate partner violence as a child.

Question 4 The victim, Sharon Michelutti, was a 48-year-old female and mother of five children at the time of her murder in 2016 (R v Gavin John De Beyer, 2017). She was married to Gavin De Beyer and was known to have had similar substance abuse problems to her husband, using alcohol, cannabis, amphetamines and eventually methylamphetamine (R v Gavin John De Beyer, 2017). The victim had previously taken out ADVOs against the offender, one of which was actively in place at the time of her murder (R v Gavin John De Beyer, 2017). Ms Michelutti was ultimately murdered in her own home when she was stabbed by her husband.

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Question 5 The characteristics of the victim in this case are almost directly aligned to the general patterns of IPH victims, as highlighted by Australian Institute of Criminology publication, Domestic/family homicide in Australia (Cussen & Bryant, 2015). This report states that between 2002-03 and 2011-12, 75% of IPH victims in Australia were female, and the largest proportion of victims (39%) were in the age range of 35-49. Additionally, 42% of IPH victims are found to have been killed by stab wounds with 68% of all intimate partner homicides taking place within the victim’s home. Another commonality between this case and the trend is that almost half of all IPH victims had “been identified by police as a victim in a previous violent incident” (Ramsey, 2015). The ADVO in place at the time of the homicide was a direct result of a police visit to the residence where it was identified that the victim required protection against the violent offender.

Question 6 Many of the most common warning signs for IPH were evident in the lead up to the murder of Sharon Michelutti. Most significantly, the history of violence, aggression and hostility between the offender and the victim could have been considered a precursor to the eventual homicide. From 2002-03 through 2011-12, a history of domestic violence was a factor in 44% of intimate partner homicides in Australia (Cussen & Bryant, 2015).

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Gavin De Beyer was often violent towards Sharon Michelutti during arguments, pushing, punching, hitting, and kicking her as well as throwing objects and verbally abusing her. Statements from the daughter of the victim and offender, Kalyra Michelutti, describe this abusive behaviour in her parents’ relationship to have been long-term and ongoing. At the time of the offence, the victim had taken out an ADVO against the offender (R v Gavin John De Beyer, 2017). This was a major warning sign that Ms Michelutti’s life had been in danger for a significant period of time leading up to her murder. As well as the history of domestic violence between the victim and the offender, De Beyer was also subject to domestic violence at a young age as his father was often abusive towards his mother, and sometimes De Beyer himself. Family & Community Services, NSW (2019) explains that children living with domestic violence are more likely to use violence and be controlling in future relationships indicating that De Beyer’s past may have been a risk factor for the offender’s behaviour. Another alarming risk factor leading up to the homicide was the problematic drug and alcohol use of both the offender and the victim. Drug and alcohol abuse are strongly linked to domestic violence and interpersonal issues. On a long-term basis, particularly where an intimate partner relationship is involved, substance abuse can be cause for financial strain and familial hardship. The World Health Organisation (n.d.) illustrates how “alcohol use increases the occurrence and severity of domestic violence” as it reduces self-control and the ability to resolve conflict in a civil manner, and that violence within a relationship is likely to increase alcohol consumption as a coping mechanism. The negative relationship of both the offender and the victim with drugs and alcohol was a significant risk factor for the safety of the victim.

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Question 7 The volatile relationship between the victim and offender in this case was evident to those around them, meaning there were many potential guardians who may have been able to prevent the murder of Sharon Michelutti. Lisa El-Zein, a long-time neighbour to the couple and confidant to the victim, was perhaps in the most advantageous position to protect Ms Michelutti from harm. Ms El-Zein testified in court that she was familiar with the offender’s abusive behaviour towards the victim and that she could hear the persistent and intense fighting between the couple “from inside her house two doors down” (Hall, 2017). With such proximity to the victim and offender, Ms El-Zein would have been able to provide emotional support while seeking professional guidance or intervention around keeping the victim safe and removing her from the threat of the offender. She could also have raised awareness for the situation by reporting each instance of abuse as she witnessed it and could even have offered her nearby home as a safe refuge to the victim. Another potential guardian who could have prevented the victim from being harmed, was her 19-year-old daughter, Kalyra Michelutti, whom during trial, explained her familiarity with the offender’s abusive behaviour towards the victim. Kalyra spoke to the victim on the phone on the day of her murder and could overhear the enraged offender nearby (R v Gavin John De Beyer, 2017). Kalyra Michelutti was in a position to call the police to report a breach of the active ADVO or request a welfare check for

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the victim. She could also have sought the help of a nearby neighbour or family friend to intervene or do a welfare check. Many others could have been potential guardians to the victim in this case, including the oldest two children to the victim and offender who must have been aware of the nature of their parents’ relationship and the dangers it posed to their mother; Louise De Beyer, the sister of the offender whom was briefly familiar with the troubled couple; John Nott, a self-proclaimed close friend of the family (R v Gavin John De Beyer, 2017); Markita Galea, a neighbour who would often hear the couple fighting and was aware of Ms Michelutti’s poorly condition (Benny-Morrison, 2016); other neighbours in close proximity to the victim’s home; and finally the law enforcement authorities who were aware of Mr De Beyer’s recent offences and the ADVO failures leading to the death of Ms Sharon Louise Michelutti.

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References Australian Institute of Health and Welfare. (2019). Family, domestic and sexual violence in Australia: continuing the national story. Australian Government. https://www.aihw.gov.au/getmedia/b0037b2d-a651-4abf-9f7b00a85e3de528/aihw-fdv3-FDSV-in-Australia-2019.pdf.aspx?inline=true (Date retrieved 24 November 2020) Benny-Morrison, A. (2016, February 2). 'My dad killed her didn't he?': Sharon Michelutti found dead in Riverwood home. The Sydney Morning Herald. https://www.smh.com.au/national/nsw/my-dad-killed-her-didnt-he-sharonmichelutti-found-dead-in-riverwood-home-20160202-gmjhiq.html (Date retrieved 18 November 2020) Carrington, K. & Philips, J. (2006). Domestic Violence in Australia an Overview of the Issues. Parliament of Australia. https://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Parlia mentary_Library/Publications_Archive/archive/Domviolence (Date retrieved 28 November 2020) Cussen, T. & Bryant, W. (2015). Domestic/family homicide in Australia (Research in practice no. 38). Canberra: Australian Institute of Criminology. https://www.aic.gov.au/publications/rip/rip38#:~:text=Females%20were %20typically%20the%20victims,(70%25%20cf%2030%25) (Date retrieved 24 November 2020) Family & Community Services, NSW. (2019, October 21) The effects of domestic and family violence on children and young people.

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Retrieved November 20, 2020 from https://www.facs.nsw.gov.au/domestic-violence/about/effects-of-dv-on-children Hall, L. (2017, May 11). Gavin De Beyer faces trial for Riverwood murder of wife Sharon Michelutti. The Sydney Morning Herald. https://www.smh.com.au/national/nsw/gavin-de-beyer-faces-trial-for-murderof-wife-sharon-michelutti-20170511-gw2hn5.html (Date retrieved 18 November 2020) R v Gavin John De Beyer (2017) NSWSC 1700 (Austl.) http://www.austlii.edu.au/cgibin/viewdoc/au/cases/nsw/NSWSC/2017/1700.html?context=1;query=R%20v %20de%20beyer;mask_path= (Date retrieved 12 November 2020) R v Gavin John De Beyer (2017) NSWSC 752 (Austl.). http://www.austlii.edu.au/cgibin/viewdoc/au/cases/nsw/NSWSC/2017/752.html (Date retrieved 12 November 2020) Ramsey, S. (2015, November). Intimate partner homicides in NSW: 2005 to 2014. Issue paper no. 111. NSW Bureau of Crime Statistics and Research. https://www.bocsar.nsw.gov.au/Publications/BB/Report-2015-Intimate-partnerhomicides-in-NSW-2005-to-2014-BB111.pdf (Date retrieved 28 November 2020) World Health Organisation. (n.d.). Intimate partner violence and alcohol. https://www.who.int/violence_injury_prevention/violence/world_report/factshee ts/fs_intimate.pdf (Date retrieved 28 November 2020)...