Gonzales Family Murder- Research Paper free essay sample

Describe the factors that might have led to the criminal behaviour Prior to the offences being committed, Sef Gonzales was taking law subjects in A Bachelor of Art course at Macquarie University. He was struggling in these courses as he missed sitting for many exams and completing assignments. Once Sef’s parents (Teddy and Mary) found out about Sef’s poor exam performances, they warned Sef that if he didn’t improve in the next semester his car, which he was very attached too, would be taken off him. Sef’s parents also owned property in both the Philippines and Australia, and estimated worth of $1. million, the resulting will meant that if he was the only remaining child he would have ownership of his parent’s property, if he was not involved in the murders of his family. The incentive of great financial gain could of lead to the criminal behaviour that took place on the 10th of July 2001. We will write a custom essay sample on Gonzales Family Murder- Research Paper or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page The eventful day on the 10th of July 2001 was not in fact a spur of the moment decision, prior to the date Sef Gonzales actions took place. He previously tried to poison his mother (Mary Gonzales) with certain plant species he had ordered online (1st July 2001). She was taken to hospital, and the general result was a bad case of food poisoning. This incidence can show the murder of his family members were premeditated, as he previously had the intention to kill. Outline the reporting and investigation of the crime 11 months after the indictable offence was committed, Sef Gonzales was arrested by Strike Force Tawas, after they gained a search warrant of his unit. He was then taken to Chatswood police station where he was charged with the three counts of murder. Took eleven months before they arrested him, because of the strenuous investigation process which detectives (Detective Sergeant Bob Gibbs  amp; Detective Inspector Geoff Leonard) had to endure to account for the multiple alibis Sef Gonzales had put forward, in attempt to clear his name as a suspect. Alibis included being with a prostitute at the time of the murders, as well as trying to link the crime to a racial attack, reason for why he spray painted on a wall â€Å"f*ck off Asians KKK†. Explain the role of the courts After Mr. Gonzales was arrested he was taken to Hornsby local court for a hearing, where Sef Gonzales did not apply for bail, however he immediately wanted to enter three pleas of not guilty for the murders of his mother, father and sister. Two weeks later he had to attend another court hearing (at Hornsby local court) to determine whether there was enough evidence put forward by police to send Sef Gonzales to a criminal trial involving a jury. Magistrate Five days after the second hearing had begun, Deborah Sweeney (magistrate) found in favour of the police evidence. In June 2007 Gonzales was granted approval to appeal on the grounds that the statements that the police took on the night may be inadmissible, because he was not cautioned (i. e. anything you say or do can be used against you as evidence), the appeal was thrown out as there had been no miscarriage of justice. The sentence remains. Outline the role of legal representation In the case Regina v Gonzales legal representation was very present throughout the entire trial. Parties Regina-Government Sef Gonzales- Defendant Judge- James J Role of the judge is to make sure that the proper procedures are followed and she or he makes decisions about all questions of what the law is in relation to the particular case. Once jury make their unanimous decision, the judge determines the sentence. Defence barrister- Winston Terracini Mr Terracini job is to present the case for the defendant and test the prosecution’s evidence to show that there is not enough evidence in the prosecution’s case to find the defendant guilty. Prosecutor- Mark Tedeschi His job is to present the case towards the jury, with use of evidence to try and prove the defendant guilty. A police prosecutor will usually present the prosecution case which is known as the crown prosecutor, which is what occurred during this case. Jury- was made up of 6 men and 6 woman, their role is come up with a decision based on the evidence provided in the case, and have a sound mind that beyond reasonable doubt the defendant did commit the acts on the basis of the evidence provided. Guilty/not guilty must be a majority verdict. Identify the plea He pleaded not-guilty which resulted in the trial being established, he maintained his innocence even once the trial was over, all the evidence was put forward and the guilty verdict had been made along with the sentencing. He said he would not plead guilty to offences which he had not committed in order to make other people happy. If he had pleaded guilty and shown remorse, he could have been handed a lighter sentence. Discuss the factors that affect the sentencing decision * Age (he was only 20 when the murders were committed), currently enrolled n university- he was very young and still had a lot of life to live, also being enrolled in university which can indicate he was quite intelligent and could become and important Australian in the future * His defiant mindset of being innocence, 3 years after the indictable offence was committed, having no acceptance or responsibility of the murders. This mindset is dangerous as he truly believes his innocent and being let free could affect the community and the protection that every person deserves while living in Australia. The heinous of the murders and the suffering the victims would have been put through. Judge can take this into account and use his discretion about the sentencing and can provide closure for the deceased knowing that the culprit will be locked up for a very long time. Explain the penalty given After the guilty verdict was delivered by the jury, James J sentenced Sef Gonzales to three concurrent* life sentences of imprisonment, without the possibility of parole. Meaning he will stay in prison for his remaining life, with no legal way of getting out. Concurrent-  when a criminal defendant is convicted of two or more crimes, a judge sentences him to a certain period of time for each crime, the judge will rule that the sentences may all be served at the same time, with the longest period controlling. Analyse the extent to which the law balances the rights of victims and offenders With the gruesome events that transpired, I think it’s only necessary for Sef Gonzales to be locked up for life. The crime that he committed to his own family members was disgraceful, and was categorized as one of the most heinous murders been put to trial. For the victim’s friends I believe justice has been served. Sef Gonzales cut short three lives and being locked up for the rest of his life will provide closure for the associates of the three. Other Gonzales’ will have their own opinion on whether the right verdict was given along with the sentence. Having one of their own’commit these actions; it would be a very traumatic experience for other members directly related to Sef. The community will be safer with these types of people off the street. Sef’s attitude to the whole ordeal was unusual, however he did not suffer from any mental orders, and his belief that he was innocent would be very hard to believe, unless something in the brain wasn’t functioning correctly. From an outsider looking in, everything was done fairly and legally, from the arrest to the sentencing. I personally believe that justice has been served to the victims, the harshest sentenced has been given to Mr. Gonzales and is deserved. He took the lives of three people, not only people ut family. I believe if you take someone’s life away from them, yours deserves to be taken away too. Although we no longer have the death penalty, life in prison is justifiable. CASE SUMMARY On July 10 2001 Sef Gonzales murdered his sister Clodine 18; mother Mary Loiva Josephine 43, and his father Teddy 46, in their North Ryde home. He claimed that he had discovered the bodies when he arrived home, and that racist graffiti was sprayed on the wall. However as more evidence was unearthed, Sef emerged as a likely suspect. It was revealed that Sef attempted to cover up his academic failure by falsifying results, and when his parents found out they threatened to withdraw certain privileges such as the use of his car. At the same time, he had argued with his mother over a girlfriend she had disapproved of. These, along with the desire to inherit the familys fortune, were established as strong motives for Gonzales killing his parents and sister. After an eleven month investigation, Sef Gonzales was arrested and eventually sentenced to three terms of life imprisonment. Bibliography Gonzales granted appeal. (n. d. ). Retrieved from http://www. smh. com. au/news/national/gonzales-wins-appeal/2007/06/05/1180809521647. html. Gonzales pawned jewellery, court told. (n. d. ). Retrieved from http://www. smh. com. au/articles/2004/05/05/1083635209328. html. http://datasearch2. uts. edu. au/science/news-events/events-archived-detail. cfm? ItemId=21782. (n. d. ). http://legal-dictionary. thefreedictionary. com/concurrent+sentence. (n. d. ). http://murderpedia. org/male. G/g/gonzales-sef. htm. (n. d. ). http://www. justice. qld. gov. au/__data/assets/pdf_file/0004/62545/vaq-guide-for-victims-of-crime-section-7. pdf. (n. . ). http://www. lawhandbook. sa. gov. au/ch11s03s06s01. php. (n. d. ). http://www. smh. com. au/articles/2003/08/28/1062050611564. html? from=storyrhs. (n. d. ). http://www. theage. com. au/articles/2002/06/13/1023864324229. html. (n. d. ). Sef Gonzales. (n. d. ). Retrieved from http://en. wikipedia. org/wiki/Sef_Gonzales. Sef Gonzales loses appeal. (n. d. ). Retrieved from http://www. smh. com. au/news/national/sef-gonzales-loses-appeal/2007/11/27/1196036850969. html. Supreme Court of New South Wales. (n. d. ). Retrieved from http://www. austlii. edu. au/au/cases/nsw/supreme_ct/2004/822. html.