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An 11-year jail term given to the killer of a baby boy was inadequate for a crime which involved torture, including clamping the baby's toes, a Sydney Court was told today. The NSW Director of Public Prosecutions is appealing against the sentence given to Christopher Hoerler for the manslaughter of seven-month-old Jordan Anderson at Wagga Wagga in the state's south west. Hoeler was jailed last year for a maximum 11 years, with a non parole period of eight years and three months. Baby Jordan- the son of Hoeler's de-facto, Louise Anderson- died on February 25, 2000, at the couple's home. Jordan choked on his own vomit after been beaten and tortured, with his injuries including a lacerated liver, a torn lip, facial abrasions and broken ribs. His toes had also been crushed by a clamp. In July last year, Hoeler, then aged 26, was tried for Jordan's murder, but pleaded guilty to the lesser charge of manslaughter halfway through the trial. Richard Cogswell, SC, for the DPP, argued in the NSW Court of Criminal Appeal today that Hoeler's sentence- handed down in the Supreme Court last December by Acting Justice Jeffrey Miles- was "manifestly inadequate". Mr Cogswell said Jordan's killing fell into the worst category of manslaughter and should have attracted a higher sentence. "A crime of violence which is attended by some element of gratuitous cruelty of torture is more serious objectively than one which is not," he said. "The crushing injuries to the toes by the application of the clamp is a particular feature of great heinousness....it's gratuitous cruelty." Appeal judge Michael Adams said that as "ghastly" as the injuries to Jordan's toes were, Hoerler could not be punished for them. "We are not punishing him for the crime of causing the injuries to the feet," Justice Adams told the court. "He was not charged with that... and he cannot be punished for that as a distinct matter." But Mr Cogswell said the clamping of Jordan's toes was part of Hoeler's offending behaviour. "It goes to the degree of suffering the child may have gone through," he said. Hoerler's counsel, Chris Craigie, SC, conceded that the circumstances surrounding Jordan's death were appalling. But he said there was "inherent difficulty in classifying an unitended homicide as worst case". Mr Craigie said Hoerler's 11-year jail term was still a very severe sentence, "particularly bearing in mind that this was an unintended slaying". The Appeal Court judges, Chief Justice Jim Spigelman, Justice Adams and Justice Robert Hulme, have reserved their judgement. Outside the court, Jordan's uncle Darcy Smith said the family would cross their fingers that Hoeler's sentenced would be increased. "Why have a maximum of 25 (years for manslaughter) if no-one's going to use it?" Mr Smith said. "For (Hoerler) to walk in eight years- it's not fair." AAP (17-3-2005) |
Australian News
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