Sef Gonzales Report

Topics: Life imprisonment, Murder, Crime Pages: 5 (1891 words) Published: November 27, 2012
The law is both effective and ineffective throughout the entire criminal process in achieving justice in the murder case involving Sef Gonzales. The case “Regina vs Gonzales (2004) NSW SC 822” involved the triple murders of Gonzales’s mother, father and only sister The meaning of justice is that everyone is treated equally and fairly under the law. The law was effective in this case because justice was achieved, for the accused, for the victims and for society. Former Sydney student Sef Gonzales has been sentenced to life imprisonment for the triple murder of his parents, solicitor Ted Gonzales, Mary Loiva Gonzales and then 18-year old sister Clodine in their North Ryde home in Sydney’s north-west on July 10, 2001.Clodine Gonzales was the prisoner’s sister and his only sibling. She had had her eighteenth birthday on 9 July 2001, the day before the murders. Mary Loiva Josephine Gonzales was the prisoner’s mother and Teddy Gonzales was the prisoner’s father. In order for a crime to occur, both elements of the crime, Actus Reus and mens rea must be present. Actus Reus and mens rea are legal terms used to define a crime. Both elements must be present for an accused to be found guilty of a crime (except for strict liability). Mens rea means that the person must have had a guilty mind at the time of committing the crime- that is they must have intended to commit the crime. According to this case, both elements were present. Mens rea occurred when Gonzales had planned the killing for a long time and also had the intention to kill each of the victims and had actually administered poison to his mother Actus reus was the actions of the accused which occurred in this case when Gonzales did the physical act of murdering his mother, sister and father. He killed the victims by stabbing them with a knife or, in the case of Clodine, striking her with a bat and strangling her, as well as stabbing her with a knife. There was a high degree of violence in all of the murders. The law was effective in this case because these two elements were proven in the trial. Sef Gonzales decided to kill his parents for many reasons. There are four different factors that might lead to a criminal behaviour. These factors are social, economic, self-interest or genetic. In this cases, the factors are economic and self-interest. I find that the motives for the prisoner committing the murders were that he was fearful that, because of his poor performance in his university studies, his parents might take his car away from him and might withdraw other privileges which had been granted to him and that he wished to succeed, without delay and as sole heir, to his parents’ property. He had also argued with his mother over a girlfriend of whom she disapproved, and his family had threatened to disinherit him. Sef wasn’t really happy with his parents decisions. The law was effective in this case by the prosecution proving beyond reasonable doubt these factors motivated the awful crimes. In this case the DDP was represented by Mark Tedeschi QC who alleged that Gonzales murdered his Mother, father and sister at the family home on 10th of July 2001. They said that the murders were within the worst class of cases of murder and that they were planned. Gonzales was found guilty beyond reasonable doubt by the jury of all three charges. The DPP was successful in arguing their case so justice was effectively achieved however it was ineffective because it took three years for the case to come to trial.

In serious criminal matters such as murder, the accused will attend the Local Court for a committal hearing where the magistrate will determine whether a case, at first sight (prima-facie), exists. It was found in the Local Court that there was enough prima facie evidence to bring a case against Gonzales. The trial against Gonzales began in the Supreme Court on 27th of August 2004 in front of Justice Bruce James, Gonzales pleaded not guilty to the three charges of murder and...
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