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Pair jailed for assaulting a man who died, but escape charges over his death |
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TWO men who escaped responsibility for killing a man they bashed unconscious and then set alight were both jailed today for three years and six months.
Justice Lex Lasry told Wayne Arthur, 51, and Darryl McHarg, 32, he would sentence them for the assault on Shaun Patrick Moloney but not for causing his death.The decision not to charge the men with murder or manslaughter outraged the victim's family and victim supporters.
Steve Medcraft of People Against Lenient Sentencing questioned why the Office of Public Prosecutions did not press a murder or manslaughter case.
"How can you bash someone unconscious and then set their body on fire and only be charged with causing injury?'' Mr Medcraft said.
"They caused this man's death. It is a clear case of murder, or at least manslaughter, and it is this kind of case that makes ordinary people think the justice system is a joke.''
In his Supreme Court sentence the judge said the pair attacked Mr Moloney, who was found to have a blood alcohol reading of .51, in a Glenroy boarding house, punching him a number of times to the head and body.
Justice Lasry said the victim's high blood alcohol count meant he would not have been able to defend himself.
McHarg told police that when he and Arthur placed Mr Moloney in the back of his station wagon they thought he was dead.
The body was driven to a paddock at Strathmore and set light.
"The basis on which you have both pleaded guilty to the offence of intentionally causing serious injury is that you will be sentenced for what occurred during the course of the assault at the boarding house,'' said Justice Lasry.
"Not for any subsequent conduct or in any respect on the basis that either or both of you caused the death of Mr Moloney.''
Arthur and McHarg, pleaded guilty to one count of intentionally causing serious injury to Mr Moloney, 46, in the early hours of March 8, 2009.
Justice Lasry said all three lived in the boarding house and McHarg believed Mr Moloney had abused a child, although there was no evidence to support this belief.
He said McHarg had a very troubled background of abuse, drug and alcohol addiction and a number of prior convictions while Arthur lived an isolated and socially marginalised life.
The judge said he regarded the offending as serious and set maximum terms of six years and six months.
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