Identify the correct legal citation
Regina v Gonzales  NSWSC 822 (17 September 2004)
Outline the elements of the offence
* Offence against the person
* Charged with three counts of murder (mother, father, sister) * Weapon of choice was a knife for the murders of Sef Gonzales’ mother and father, for the killing of his sister (Clodine) he used a baseball bat to strike with, as well as strangling her with the inclusion of the knife to stab * 2001 offences took place
* Assaulted them at close quarters
* Attacks had roughly an hour gap between each ( wasn’t one outburst of aggression) * High degree of violence in all murders
* Killings were premeditated (previous attempts to kill mother) * At the time of the offences, Sef wasn’t suffering from any mental illnesses/disorders * Murders were very heinous and there is no reasonable answer for why the offences were committed * False alibis (KKK, whereabouts of his location during the time of the events) * Still believes he’s innocent
* Prosecuted in 2004
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 $1.5 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. 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 & 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 “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...