Vic: Mother appeals conviction for murdering two sons

AAP General News (Australia)
04-20-2009
Vic: Mother appeals conviction for murdering two sons

By Melissa Iaria

MELBOURNE, April 20 AAP - A Melbourne mother jailed for murdering her two young sons
should receive a life term, an appeals court has heard.

Donna Fitchett was found guilty last May of drugging, smothering and strangling Thomas,
11, and Matthew, nine, at their home in Balwyn North in September 2005.

She pleaded not guilty on the grounds of mental impairment but the jury rejected her
argument and convicted her for murder.

Fitchett was ordered to serve a 24-year hospital security order, with a non-parole
period of 18 years.

But in the Victorian Court of Appeals, the Victorian Department of Public Prosecutions
(DPP) argued her sentence was manifestly inadequate.

Crown prosecutor Thomas Gyorffy said similar cases where parents had murdered their
children resulted in life jail terms.

Mr Gyorffy said the intended killing of a helpless child by a parent whose role was
to care and protect them was in the worst category of murder.

"The starting point becomes a life sentence," he said.

Mr Gyorffy cited the example of Victorian man Robert Farquharson, who is serving three
life terms in jail without parole after a jury found him guilty of murdering his three
sons by driving them into a dam on Fathers Day 2005.

Fitchett's legal team is also appealing against her conviction and sentence.

Fitchett's barrister Patrick Tehan QC argued the Crown should have called an eminent
psychiatrist to testify on Fitchett's mental state during her trial.

Failure to do so had resulted in a "significant technical disadvantage" to Fitchett, he said.

Mr Tehan said the trial judge also erred by failing to properly explain to jurors the
legal consequences for someone found guilty by reason of mental impairment.

But Mr Gyorffy rejected the arguments, saying there was no basis to claims the defence
was disadvantaged during the trial.

The appeal judges have reserved their decision.

AAP mi/sjm/ht/apm

KEYWORD: FITCHETT WRAP

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