Homicide 1014 CCJ - The case of Simon Gittany and Lisa Harnum PDF

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The case of Simon Gittany and Lisa Harnum...

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Brittni Cook

Due date: 05/08/19

1014 CCJ – Homicide Assessment #1 – R v Gittany Brittni Cook – S5135216 Griffith University Due Date: 05/08/19 Course Convenor – Julie Barkworth Tutor name – Michael Briody Word count – 1544

Brittni Cook

Due date: 05/08/19

1. What type of homicide is featured in this case? In relation to the chosen case, Simon Gittany was found guilty for the murder of Lisa Harmun. (R v Gittany, 2014) The type of homicide featured in the Gittany case is Intimate Partner Homicide (IPH), which can be defined as “the killing of a spouse, ex-spouse, boyfriend or girlfriend”. (National Institution of Justice, 2003) Between 2010 and 2012 Intimate Partner homicide was the most occurring, within Domestic homicides with a rate of 58%. (AIC,2017) 2. What are the main characteristics of the offender? Simon Gittany, was 38 at the time of the homicide; he grew up in Sydney Australia, after immigrating from Lebanon at an early age with his parents and 5 siblings (Australian Legal Information Institute, 2013) He was in the process of starting a woman’s importation business, which was associated with the website Shoe Candy and shipped shoes from the U.S. (Ralston, 2019) Gittany is known to have criminal history. In 1991 he was charged with assault occasioning grievous bodily harm, after a confrontation involving the employer of an ex-girlfriend, in relation to harassing and stalking. (Australian Institution of Criminology, 2012) He was also sentenced to 2 ½ years in periodic detention and charged with malicious wounding of a senior detective after biting and severing his ear in 1993. (Australian Institution of Criminology, 2012) In 2000 Simon Gittany was sentenced to 3 years periodic detention and convicted by the NSW District Court for possession and supply of illegal drugs. (Ralston, 2019) Throughout the trial a personal test was constructed on Gittany and his results indicated he had ‘high elevated and statistically significant scores’ in relation to schizoid.(R v Gittany, 2014) A verdict was reached by Justice McCallum, due to an incriminating assessment of Gittany’s character, he was found to be controlling, abusive and dominating over the victim. (Austlii, 2014) The Senior Crown Prosecutor, Mark Tedeschi reports the relationship to be ‘controlling and abusive’ as the offender conducted the most intense surveillance on his partner at the time, which exemplifies the control and domination. (Partridge, 2019).

Brittni Cook

Due date: 05/08/19

3. To what extent are these offender characteristics similar to or different from general patterns in offenders who commit this particular type of homicide? According to the study of Dobash et al. (2007) in relation to Intermate Partner Homicide (IPH) and the general patterns of offenders, it outlines characteristics such as, un-employment and criminal history. Dobash et al. (2007) Also highlights ‘possessiveness and jealousy’ as key aspect in relation to general patterns found in offenders. (Dobash et al. 2007) Comparing these factors to the Gittany case, it is clear to identify the offender obtains similar characteristics to the general patterns found in IPH offenders. Simon Gittany has recorded criminal history as he has previously been involved with the police, prior to this incident. Gittany portrays acts of possessiveness and jealousy which is perceptible due to the extents he went, in order to keep tabs on Lisa Harnum throughout their relationship. (R v Gittany, 2014) The National Homicide Monitoring Program, within the Institute of Criminology identifies that almost 4 out of 5 IPH’s relate to the male being the offender. (AIC, 1998) This is a factor which clearly interlinks with the Gittany case. The ‘mean’ age in relation to male offenders is 36 years. As previously stated, Gittany was 38 at the time of the incident, this categorising him into the general patterns of offenders. Gittany contains many similarities in relation to IPH offenders, however, generally, a weapon (knife/firearm) or drowning/strangulation is used when determining cause of death. (Velopulos, Carmichael, Zakrison & Crandall, 2019). In gattany’s case he threw his victim from a balcony. Another difference is consumption of alcohol, as neither Gittany nor Harnum were under the influence. In relation to the above it is clear to identify Gittany fits in with the general characteristics of IPH offenders.

4. What are the main characteristics of the victim? Lisa Harnum was 30 years old at the time of the incident, (Mountifield, 2015), and obtained many occupations in her life time. However, before the incident she had just stopped working as a hairdresser. (Mountifield, 2015) She was originally from Canada before moving to Australia at the end of 2004. Ms Harnum not long after meeting Gittany, moved into his 15th floor apartment. Throughout their relationship Lisa struggled with an eating disorder called Bulimia; however, her battle was a private one and there was sufficient evidence showing her improvement and gain in weight. (Hoerr, 2014) Growing up, Harnum was very close with her family, especially her mother, Joan, to whom she shared everything with, including the conversation just hours before her death, where she had given her mother information to who she, needed to contact if anything were to have happened to her that day. (Webster & Leeder, 2019)

Brittni Cook

Due date: 05/08/19

5. To what extent are these victim characteristics similar to or different from general patterns in victims of this particular type of homicide? The National Homicide Monitoring Program, within the Institute of Criminology, identifies that almost 4 out of 5 IPH’s relate to the female being the victim. (AIC, 1998) Females constitute the majority of IPH victims (Cooper & Smith, 2011; Corradi & Stöckl, 2014; Stöckl et al., 2013). The Australian Institution of Criminology, highlights aspects such as, unemployment and the average age being 34yrs old to general patterns found in victims of IPH. (AIC, 1998) This relates to the case as Lisa was 30 and at the time of the incident, and was unemployed. A few other general patterns to consider in relation to the Gittany case is, Fear/retaliation if they leave. It was evident Ms Harnum showed signs of fear as the leaving of Simon Gittany was carefully premeditated. The occurrences of homicide are common when there is an argument/alteration prior to leaving. (Velopulos et al, 2019) Isolation, is to be considered as the controlling behaviour of her partner, disintegrated her social support as she was forced to cut them off due to guilt. Physical, verbal or emotional abuse, this is clearly seen within the case.

6. What were the warning signs that emerged as risk factors in the lead up to the homicide incident in this case? Warning signs are any occurrences that indicate the victim was in danger of being harmed by the offender. There were multiple warning signs which emerged as risk factors within the case such as Gittany’s controlling and possessive behaviour (Austlii, 2014). A factor to consider within the case is stalking as Gittany proved to have had surveillance cameras around the house, so he could have constant knowledge on what she was up to. He also had an app installed on her phone which gave him access to her private messages and conversations (Partridge, 2019). Another risk factor to consider in relation to the case is, criminal history (Domestic and Family Violence Death Review and Advisory Board Annual Report, 2017-2018) as stated previously it shows that Gittany, has extensive criminal history. Victim fear is another risk factor associated (Domestic and Family Violence Death Review and Advisory Board Annual Report, 2017-2018) as there was constant fear from the victim as she felt she couldn’t leave because of what he may be capable of. Violent threats can also be highlighted as risk factors within the case, as Mr. Gittany told the victim if she were to leave him, he would kill her; (Partridge, 2019) this risk factor alone, clearly signifies the circumstances Lisa Harnum was faced with, the is also linked in with the risk factor actual

Brittni Cook

Due date: 05/08/19

and pending separation. (Domestic and Family Violence Death Review and Advisory Board Annual Report, 2017-2018)

7. Identify the potential guardians in this case who had the power to potentially protect the victim from being harmed by the offender in this case. The formal definition of guardians, according to the Cambridge University is ‘someone who protects something’ (Cambridge Dictionary, 2019) In relation to ‘potential Guardians’, they are anyone who could have intervened in anyway to have protected the victim and changed the possible outcome. The guardians identified in this case, that could have potentially done this are, her gym trainer, Lisa Brown as Harnum spent a lot of time with the woman and exchanged information about her life. (R v Gittany, 2014) Ms Brown obtained knowledge of the incident, therefore indicating she could have acted. In saying this however, Brown did refer Ms Harnum to a life coach as she found the situation between the couple problematic. Michelle Richmond was the life coach in whom Harnum had previously been confiding with for three weeks prior to the incident, this indicating she was a potential guardian. (R v Gittany, 2014) Her mother is also associated with potentially being a guardian, as Harnum confided in her about leaving Gittany, and the morning of Lisa Harnum’s death she received a phone call from the victim, indicating fear within the victim. (R v Gittany, 2014) Another type of potential guardian to consider is the people who heard her screams within the apartment complex moments before her death. (R v Gittany, 2014) Although these people are highlighted as potential guardians, this does not make them responsible of the outcome.

Brittni Cook

Due date: 05/08/19

References Australian Legal Information Institute (2013). R v Gittany (No 4) [2013] NSWSC 1737 (27 November 2013). Retrieved from http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/1737.html Dobash, R.E., Dobash, R.P., Cavanagh, K. and Medina-Ariza, J. (2007). Lethal and NonLethal Violence against an Intimate Female Partner: Comparing Male Murderers with NonLethal Abusers. Violence against Women, 13, 329-353. https://doi.org/10.1177/1077801207299204 Hoerr, K. (2014, February, 11) Trial shines light on Lisa Harnum's 'sad, tragic' final days. ABC News. Retrieved from https://www.abc.net.au/news/2013-11-27/evidence-in-the-gittanytrial/5120230 Lisa Harnum Foundation, (2019). Lisa Harnum Foundation – a voice for women experiencing domestic abuse. Retrieved from https://www.lisahf.org.au/freedom-fromdomestic-abuse-lisa-harnum-foundation-about/ Partridge, E. (2013, November, 1). Video reveals the moments before Lisa Harnum died, and what Simon Gittany did next. Retrieved from https://www.smh.com.au/national/nsw/videoreveals-the-moments-before-lisa-harnum-died-and-what-simon-gittany-did-next-201311012wq4h.html Partridge, E. (2013, November, 14). Simon Gittany completely isolated Lisa Harnum, court told. Retrieved from https://www.smh.com.au/national/nsw/simon-gittany-completelyisolalted-lisa-harnum-court-told-20131113-2xh52.html Ralston, N. (2013, November, 28). Simon Gittany went from unemployed petty criminal wo bit policeman’s ear to a business high-flyer. Retrieved from https://www.smh.com.au/national/nsw/simon-gittany-went-from-unemployed-petty-criminalwho-bit-policemans-ear-to-a-business-high-flyer-20131127-2yagm.html Webster, D., Leeder, J. (2016) “Mommy, I Just Want You To Know That I Love You With All My Heart”. Maria Clare. Retrieved from https://www.marieclaire.com.au/domestic-violencelisa-harnum Mountifield, A. (2019). Lisa Harnum Foundation | Freedom From Domestic Abuse | Sydney Hills. Retrieved 5 August 2019, from https://www.lisahf.org.au/ Hoerr, K. (2019). Look back at the evidence in the Gittany trial. Retrieved 5 August 2019, from https://www.abc.net.au/news/2013-11-27/evidence-in-the-gittany-trial/5120230 Leeder, D. (2019). “Mommy, I Just Want You To Know That I Love You With All My Heart”. Retrieved 5 August 2019, from https://www.marieclaire.com.au/domestic-violence-lisaharnum

Brittni Cook

Due date: 05/08/19

Australian Institution of Criminology (2003) Homicide prevention : reducing the risk where the risk is greatest. (2019). Retrieved 5 August 2019, from https://aic.gov.au/publications/crm/crm011

Cooper & Smith (2011) (Cor-radi & Stöckl, 2014; Stöckl et al., 2013). Retrieved 5 August 2019, from https://www.google.com/search?client=firefox-b-d&q=%28Cooper+%26+Smith %2C+2011%3B+Cor-radi+%26+St%C3%B6ckl%2C+2014%3B+St%C3%B6ckl+et+al. %2C+2013%29. Australian Institution of Criminology (1998). Retrieved 6 of august 2019, from https://aic.gov.au/publications/tandi/tandi090...