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Man that killed and then raped elderly woman will spend 18 years in jail
A MENTALLY ill man who killed an elderly woman and raped her corpse has had his sentence increased to 18 years behind bars. Maurizio Perini, 38, was initially sentenced to 13 years' jail for the horrific attack on 76-year-old Carmel Wuth at her Southport unit, on the Gold Coast, in early 2008. Perini's sentence was increased to 18 years earlier this year upon an appeal by Queensland's then attorney-general Cameron Dick. But in August the High Court in Canberra sent the case back to the Court of Appeal for a fresh hearing after determining the original appeal had been run according to an incorrect principle of law. The Court of Appeal revisited the case today after current Attorney-General Paul Lucas appealed the lesser sentence on the grounds it did not reflect the serious nature of Perini's offences, did not properly punish and denounce the offences, did not protect the community and gave too much weight to mitigation. The Court of Appeal agreed with Mr Lucas today in a 2-1 majority vote. Justice Margaret McMurdo rejected the appeal, saying a sentence of 12 to 16 years was adequate. "This case highlights the profound difficulties faced by sentencing courts when offenders straddle both the criminal justice and mental health systems," she said. However, justices Richard Chesterman and Hugh Fraser both agreed the appeal should be allowed and Perini's sentence increased. "Not only were the respondent's acts intentional, they were premeditated and wantonly cruel," Justice Chesterman said. "He did not kill his victim quickly and humanely. "He strangled and suffocated the old woman and stabbed her repeatedly." Herald Sun (23-12-2011) http://www.heraldsun.com.au/news/more-news/more-jail-time-for-wantonly-cruel-killer/story-fn7x8me2-1226229687549 |
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Mentally-impaired man's jail term increased to 18 years for manslaughter of woman, 77
A MENTALLY-impaired man who killed an elderly woman, then sexually interfered with her corpse, today had his sentence increased by five years to 18 years jail on appeal. The then-Attorney General, Cameron Dick, appealed the 13-year jail sentence imposed on Maurizio Perini for the manslaughter of Carmel Wuth, 77, at a Gold Coast retirement village, on March 29, 2008. Mr Dick wanted the sentence increased to 18 years. 
Mr Dick argued Perini's sentence was not adequate protection for the community and did not reflect the gravity of his crimes.Ms Wuth died from asphyxia as a result of a combination of being severely bashed, strangled with a tie, a sock pushed into her mouth and being stabbed in the neck with a butter knife. Her body had also been sexually abused after her death. In an unanimous judgment the Court of Appeal upheld the Attorney General's appeal and imposed an 18-year sentence. The Chief Justice Paul de Jersey, sitting in the Court of Appeal, said 13 years' jail did not reflect the heinous crime and the need for community protection. "Reducing a life sentence to 18 years jail sufficiently reflects Perini's co-operation in the administration of justice by pleading guilty," Justice de Jersey said, indicating life would have been imposed except for the guilty plea. He said Perini should not be given a lighter sentence just because the Attorney General could later attempt to use the provisions of the Dangerous Prisoners (Sexual Offenders) Act 2003 to detain him indefinitely. Read the appeal judgment The court was told Perini was to be evicted from the complex the day after Ms Wurth's naked body was found in her room at the Trinity Gardens complex. He was arrested almost immediately after Ms Wuth's body was discovered by other residents and soon after admitted he had killed the frail woman. In a chilling taped interview with police shown to the court, Perini indicated the killing was out of anger and revenge for the problems he had faced living at the complex for the previous few months. Perini, 38, pleaded guilty to the manslaughter, two counts of misconduct with a corpse, two counts of break and enter with intent to commit an indictable offence, and one count of burglary and stealing. He had previously appeared before the Mental Health Court which found he had a defence to murder because of an abnormality of mind. However, he was charged with manslaughter because while the MHC found Perini suffered from diminished responsibility, there was no diagnosis of mental illness. In the Court of Appeal, the Director of Public Prosecutions, Tony Moynihan SC, for Mr Dick, said psychiatric reports showed Perini had a very real risk of reoffending if released into the community or even in an institution where Perini could be treated for his mental abnormality. However, barrister Joe Briggs, for Perini, said it was important the horror of the offences did not overbear the fact of Perini's abnormality of mind. The Courier Mail (1-3-2011) Mark Oberhardt http://www.couriermail.com.au/news/queensland/mans-jail-term-increased-to-18-years-for-killing-woman-77/story-e6freoof-1226014024962 |
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13 years for killer Maurizio Perini who raped body
THE family of a frail woman brutally slain in her bed because her attacker wanted to escape being made homeless, will ask the Queensland Attorney General, Cameron Dick, to appeal her killer's 13 years jail sentence. In the Supreme Court in Brisbane today, Justice James Douglas found that the evidence in the case did not support the Crown's claim that Maurizio Perini should be jailed for life for the manslaughter of Carmel Wuth two years ago, the Courier-Mail reports. Justice Douglas sentenced Perini to 13 years jail which made him an automatic serious violent offender who must serve 80 per cent of the sentence. However, outside court Ms Wuth's family said they felt let down by the decision and would urge Mr Dick to appeal. Ms Wuth's niece, Robyn Wuth, said her aunt, was a gentle loving woman, and would have died a terrifying death. "Carmel was disabled herself from birth. She had never married, never been kissed - for her to die that way would have been terrifying," she said. Robin Wuth said Perini had killed her aunt for virtually no other reason than wanting to go to jail and to have a roof over his head. "The question has to be asked who should have been watching him in the first place?" she added, referring to the fact Perini, who was 36 at the time, had been placed in an assisted hostel with fragile elderly people. The two day sentence hearing was told Carmel Wuth, 77, died from asphyxia as a result of a combination of being severely bashed, strangled with a tie, a sock pushed into her mouth and being stabbed in the neck with a butter knife. Her body had also been sexually abused after her death. Perini, previously appeared before the Mental Health Court which found he had a defence to murder because of an abnormality of mind. Asking for a life sentence, Mr Vasta said while the MHC found Perini suffered from diminished responsibility, there was no diagnosis of mental illness. "In effect his moral compass does not point in the normal direction and it is quite unlike other cases of diminished responsibility," Mr Vasta said. Perini, 38, pleaded guilty to the manslaughter, two counts of misconduct with a corpse, two counts of break and enter with intent to commit an indictable offence, and one count of burglary and stealing. Mr Vasta told the court Perini was to be evicted from the complex the day after Ms Wurth's naked body was found in her room at the Trinity Gardens complex, at Southport, on March 29, 2008. Mr Vasta said Perini had been arrested almost immediately after Ms Wuth's body was discovered by other residents and he had soon after admitted he had killed the frail woman. "He told police it was in part because he knew he was going to be evicted and if he was in jail he would have a roof over his head, have three meals a day and be looked after," Mr Vasta said. However, Mr Vasta added Perini had also indicated the killing was out of anger and revenge for the problems he had faced living at the complex for the previous few months. Mr Vasta told the court Perini had lived for much of his life with his mother but she had returned to Italy in 2005. He said while Perini had received psychiatric treatment at times he had never been properly diagnosed with a mental disorder. Eventually, Perini lived as homeless man around the Gold Coast but although Perini was not formally diagnosed with schizophrenia a group dealing with the disorder got him accommodation at Trinity Gardens. Mr Vasta said residents later told police that there were problems with Perini's behaviour at the hostel and there had been a "general air of dissatisfaction about him." He said on one occasion police were called after several residents, including Ms Wuth, found butter knives in their rooms. However, the police officer noted while Perini admitted being the culprit, he was not considered violent and social workers were looking to find him alternate accommodation. Barrister Joe Briggs, for Perini, said his client should not be sentenced to life because of the unusual combination of mitigating factors and Perini was not a danger to the community if supervised and medicated properly. The Courier Mail (20-8-2010) Mark Oberhardt http://www.dailytelegraph.com.au/news/national/years-for-killer-maurizio-perini-who-raped-body/story-e6freuzr-1225907845528 |
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