4 April 2011

It's not murder, just getting a little stabby

| johnboy
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The Canberra Times has a report on Rebecca Anne Massey’s trial getting under way for the murder of Elizabeth Booshand at Charnwood shops in July 2008.

Mr Pappas told the jury that the two women lived in a “twilight zone” of drugs and crime.

He said there was no issue that his client had stabbed Ms Booshand but argued that she had never intended to kill the other woman.

Mr Pappas said Ms Booshand was fully conscious after the stabbing but underwent emergency surgery on her chest after being admitted to Canberra Hospital.

About 10 minutes into the operation she was declared dead, he said.

“Whether the death was caused by the stabbing or by some medical misadventure is a matter for you to decide,” he told the jury.

A brave new assault on personal responsibility by Jack Pappas. It will be instructive to see what the jury makes of it.

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Neverforgotten said :

No matter what sentence is handed out, it will never bring back Elizabeth… I knew her very well and have read the stories you here about the apparent life both woman lead – but there is a difference between a Junkie and an Addict… Elizabeth was a good person and she knew there was a better life and that is what she bought her Daughters up to believe. Her strength was in her 3 daughters who she was always so proud of! Both her eldest Daughters and now the youngest live in Queensland with Managerial Positions, comfortable cars, beautiful homes, a wonderful Husband and a beautiful Fiancé. The Massey clan on the other hand I don’t believe have worked a day in their life. Liz wasn’t an angel, no one is – but she wasn’t a bad person either… Words cannot explain the hole her passing has left and I know all this because I am her eldest Daughter… R.I.P Mum x

I’m so sorry for your loss, I was on the jury and after the trial read this. I know nothing can bring your mum back, but I hope you feel that at least justice has been served.

Lookout Smithers12:46 am 05 May 11

cleo said :

Torinessd # 22

The law was changed, BUT this murder happened under the old law, so therefore that’s how the trial will run under old law, she did intend to murder the victim as she stabbed her 6 times, she would have known that the victim did not have a knife, as she didn’t produce one in the fight, and one wasn’t used against Massey.

I don’t know how I feel about that law really. What is proportionate threat posed? If I am attacked by a person twice my size and I think that I am in serious danger of being killed or hurt significantly, I would like to think the law would protect me when I defend myself as best I can? If I think it is reasonable? I think that your mind and body take over when the self knows it is in serious trouble. Every living organism will do what it can to protect itself if life threatening. I guess what is reasonable will vary person to person. I didn’t know that it had to be in proportion with the threat though it makes sense. Carrying a knife is pretty stupid if you think you are in danger somehow. Not a big amount of thought there. But intent must have been proved in the case. I can see many examples of people stabbing someone and not intend to kill them. Most involving the young and stupid decisions. I find it such a tragic event in this case as the lives lived by them seem to have been quite sad and made worst that both have children.

georgesgenitals said :

Lookout Smithers said :

I am an addict. I have been on Maxibon ice creams for months now. Cant shake the habit. Its killing me slowly. BAM!!

To be fair, those things are f###ing delicious.

I concur, but not as good as the green apple chocolate and guava Magnums that were around a few years ago. But to celebrate justice finally being done i will have a Maxibon, but i cannot eat two though. Thats too much.

Torinessd # 22

The law was changed, BUT this murder happened under the old law, so therefore that’s how the trial will run under old law, she did intend to murder the victim as she stabbed her 6 times, she would have known that the victim did not have a knife, as she didn’t produce one in the fight, and one wasn’t used against Massey.

georgesgenitals6:49 pm 03 May 11

Lookout Smithers said :

I am an addict. I have been on Maxibon ice creams for months now. Cant shake the habit. Its killing me slowly. BAM!!

To be fair, those things are f###ing delicious.

Lookout Smithers6:46 pm 03 May 11

Tooks said :

Pommy bastard said :

Tooks said :

No, pig is slang some people use to descrbe police, whereas junkie is a legitimate word which means addict.

That has to be one of the most dumbass things I have ever read here.

You obviously don’t read your own posts then.

Hahaha. Tooksy with the gold!! I dunno why but it read funny.

Pommy bastard said :

Tooks said :

No, pig is slang some people use to descrbe police, whereas junkie is a legitimate word which means addict.

That has to be one of the most dumbass things I have ever read here.

You obviously don’t read your own posts then.

junk·ie
? ?/?d???ki/ Show Spelled[juhng-kee] Show IPA
–noun Informal .
1.
a drug addict, especially one addicted to heroin.
2.
a person with an insatiable craving for something: a chocolate junkie.
3.
an enthusiastic follower; fan; devotee: a baseball junkie.

PIG – http://dictionary.reference.com/browse/pig

Lookout Smithers5:24 pm 03 May 11

Neverforgotten said :

No matter what sentence is handed out, it will never bring back Elizabeth… I knew her very well and have read the stories you here about the apparent life both woman lead – but there is a difference between a Junkie and an Addict… Elizabeth was a good person and she knew there was a better life and that is what she bought her Daughters up to believe. Her strength was in her 3 daughters who she was always so proud of! Both her eldest Daughters and now the youngest live in Queensland with Managerial Positions, comfortable cars, beautiful homes, a wonderful Husband and a beautiful Fiancé. The Massey clan on the other hand I don’t believe have worked a day in their life. Liz wasn’t an angel, no one is – but she wasn’t a bad person either… Words cannot explain the hole her passing has left and I know all this because I am her eldest Daughter… R.I.P Mum x

Many condolences on your loss in unimaginable circumstances. I find it very inspiring to read this calming and astute comment. At a time so vulnerable to the emotions, I commend you for the obvious clarity you show here. All human life is valued the same by reasonable people and for anyone to have a go at the deceased is really just the cancer trying to get a bite. No one who can login to this site really thinks like that. I am sure of it. They just don’t have your scope or where to get it.

Kindest regards and thanks for the insight

Lookout Smithers5:01 pm 03 May 11

colourful sydney racing identity said :

Tooks said :

No, pig is slang some people use to descrbe police, whereas junkie is a legitimate word which means addict.

I am pretty sure junkie is a slang word.

It has to be, or at least was a slang word. What the fark are you two going on with? Tooks, Junkie co notates to Junk, as in heroin. An addict can be hooked on anything. I am an addict. I have been on Maxibon ice creams for months now. Cant shake the habit. Its killing me slowly. BAM!!

Pommy bastard4:51 pm 03 May 11

Tooks said :

No, pig is slang some people use to descrbe police, whereas junkie is a legitimate word which means addict.

That has to be one of the most dumbass things I have ever read here.

colourful sydney racing identity4:00 pm 03 May 11

Tooks said :

No, pig is slang some people use to descrbe police, whereas junkie is a legitimate word which means addict.

I am pretty sure junkie is a slang word.

No, pig is slang some people use to descrbe police, whereas junkie is a legitimate word which means addict.

colourful sydney racing identity3:03 pm 03 May 11

Tooks said :

I don’t really want to go off track and have an argument about the word, but the definition of ‘junkie’ is a drug addict. Don’t believe me? Look at any dictionary.

I have known addicts who were amongst the most caring, beautiful people I have met and I have known junkies who were the polar opposite.

I’m certainly not suggesting junkies cannot be caring, beautiful people, but I’d suggest they’re quite rare.

Yes, and I am sure a lot of dictionaries would include pig as a synonym for police officer it doesn’t mean that all police are pigs.

I don’t really want to go off track and have an argument about the word, but the definition of ‘junkie’ is a drug addict. Don’t believe me? Look at any dictionary.

I have known addicts who were amongst the most caring, beautiful people I have met and I have known junkies who were the polar opposite.

I’m certainly not suggesting junkies cannot be caring, beautiful people, but I’d suggest they’re quite rare.

colourful sydney racing identity2:08 pm 03 May 11

Tooks said :

there is a difference between a Junkie and an Addict

No there isn’t.

I have known poeple whom I would consider addicts and some I would consider junkies and I have to say that I could not disagree with you more. I have known addicts who were amongst the most caring, beautiful people I have met and I have known junkies who were the polar opposite.

there is a difference between a Junkie and an Addict

No there isn’t. Regardless, sorry for the loss of your mother, especially in such a brutal way.

The jury has been instructed that if Massey started the fight or was a willing participant in it, then she can not be acquitted based on her self-defence claims.

Neverforgotten said :

No matter what sentence is handed out, it will never bring back Elizabeth… I knew her very well and have read the stories you here about the apparent life both woman lead – but there is a difference between a Junkie and an Addict… Elizabeth was a good person and she knew there was a better life and that is what she bought her Daughters up to believe. Her strength was in her 3 daughters who she was always so proud of! Both her eldest Daughters and now the youngest live in Queensland with Managerial Positions, comfortable cars, beautiful homes, a wonderful Husband and a beautiful Fiancé. The Massey clan on the other hand I don’t believe have worked a day in their life. Liz wasn’t an angel, no one is – but she wasn’t a bad person either… Words cannot explain the hole her passing has left and I know all this because I am her eldest Daughter… R.I.P Mum x

Probably the nicest ever post written on this site …….. well done!!

colourful sydney racing identity11:41 am 03 May 11

Neverforgotten said :

No matter what sentence is handed out, it will never bring back Elizabeth… I knew her very well and have read the stories you here about the apparent life both woman lead – but there is a difference between a Junkie and an Addict… Elizabeth was a good person and she knew there was a better life and that is what she bought her Daughters up to believe. Her strength was in her 3 daughters who she was always so proud of! Both her eldest Daughters and now the youngest live in Queensland with Managerial Positions, comfortable cars, beautiful homes, a wonderful Husband and a beautiful Fiancé. The Massey clan on the other hand I don’t believe have worked a day in their life. Liz wasn’t an angel, no one is – but she wasn’t a bad person either… Words cannot explain the hole her passing has left and I know all this because I am her eldest Daughter… R.I.P Mum x

Thank you for your post. I am sorry for your loss.

I wonder who is footing the bill for her defence? At $6000+ per day, the cost is quite substantial for someone who lives in government housing……

Neverforgotten12:52 pm 02 May 11

No matter what sentence is handed out, it will never bring back Elizabeth… I knew her very well and have read the stories you here about the apparent life both woman lead – but there is a difference between a Junkie and an Addict… Elizabeth was a good person and she knew there was a better life and that is what she bought her Daughters up to believe. Her strength was in her 3 daughters who she was always so proud of! Both her eldest Daughters and now the youngest live in Queensland with Managerial Positions, comfortable cars, beautiful homes, a wonderful Husband and a beautiful Fiancé. The Massey clan on the other hand I don’t believe have worked a day in their life. Liz wasn’t an angel, no one is – but she wasn’t a bad person either… Words cannot explain the hole her passing has left and I know all this because I am her eldest Daughter… R.I.P Mum x

Given the record of our DPP, anyone want to offer odds on the acquittal?

I give one hundred to one that it’ll be buffed down to manslaughter.

georgesgenitals7:53 am 08 Apr 11

fdup said :

I have walked a mile in these womens shoes the difference is I kept walking right out of there, the respect of my children was worth much more to me than any street cred could be worth…..and that is what being a mother is all about.

Well said.

PBO said :

Even if she is acquitted she will still most probably meet a most Chardwoodian demise as she has made quite a few enemies over this who would want revenge. Such is the life of the bogan junkie criminal.

She’s probably safer in the AMC… at least her family would be there to protect her

To the “bestie” of Massey who claims that she was protecting her children….the way she chose to live her life and her actions on that night clearly showed that she had little or no concern for the welfare of her child. Her child and the child of Elizabeth will carry with them the mental scares inflicted on them by their own mothers (and I use that term loosely) that night, for the rest of their lives. What sort of mother behaves in the way those two women behaved that night in front of the children. Now I am not saying one was worse than the other in my opinion they both behaved in the most disgusting way. I have walked a mile in these womens shoes the difference is I kept walking right out of there, the respect of my children was worth much more to me than any street cred could be worth…..and that is what being a mother is all about.
And as for the courts granting bail because she is a mother….wake up and smell the stench…her children are no more to her than a pity play to get what she wants and a fortnightly welfare benefit to feed her habits.

“Whether the death was caused by the stabbing or by some medical misadventure is a matter for you to decide,” he told the jury.

I’m guessing malaria.

I’ve seen Greys Anatomy, so I know that people who go into hospitals have about a fifty-fifty chance of being shot, stabbed, or have sex with a doctor. So the medical misadventure makes perfect sense.

Of course, should there not be some concern for the fact that emergency surgery would not have been occurring had the victim not had six holes in her?

georgesgenitals10:15 am 05 Apr 11

PBO said :

And to make it worse I cannot read your response without having some Eminem song playing in the back of my head while picturing two charnie chicks in high visbility polar fleece tracksuits having a scrag.

Although the situation itself is very sad, this quote is PISS FUNNY!

Well played. 🙂

Skidbladnir said :

toriness said :

it actually doesn’t matter if she didn’t intend to kill her, the laws were changed here back in 2009

You might notice that thats more than a year after the stabbing, though.
DPP will still need to prove the reckless indifference to possibility of death, assuming no reasonable self-defence argument is made.

Given the record of our DPP, anyone want to offer odds on the acquittal?

Even if she is acquitted she will still most probably meet a most Chardwoodian demise as she has made quite a few enemies over this who would want revenge. Such is the life of the bogan junkie criminal.

toriness said :

it actually doesn’t matter if she didn’t intend to kill her, the laws were changed here back in 2009

You might notice that thats more than a year after the stabbing, though.
DPP will still need to prove the reckless indifference to possibility of death, assuming no reasonable self-defence argument is made.

Given the record of our DPP, anyone want to offer odds on the acquittal?

wouldntulike2know said :

U know what Rebecca Massey is my bestie…
She is a wonderful loyal friend.
U know that sayin..’?”never judge a person until you walk a mile in their shoes”
If all dont know the full story. And the media always bend the truth.
If u had a child or children and were always harassed, abused and got threat from someone saying they were goin kill u…would u stand there and take it!!! I sure wouldnt. Especially if i thought my child was at risk of being hurt.
U know what ppl its called self defence…and im pretty sure each and everyone of u would protect yourself!!!
I SUPPORT HER ALL THE WAY!!!!

Yeah, lifes tough in the hood. I always find it necessary to carry a weapon when I go to the chip shop.

And to make it worse I cannot read your response without having some Eminem song playing in the back of my head while picturing two charnie chicks in high visbility polar fleece tracksuits having a scrag.

wouldntulike2know said :

U know what Rebecca Massey is my bestie…
She is a wonderful loyal friend.
U know that sayin..’?”never judge a person until you walk a mile in their shoes”
If all dont know the full story. And the media always bend the truth.
If u had a child or children and were always harassed, abused and got threat from someone saying they were goin kill u…would u stand there and take it!!! I sure wouldnt. Especially if i thought my child was at risk of being hurt.
U know what ppl its called self defence…and im pretty sure each and everyone of u would protect yourself!!!
I SUPPORT HER ALL THE WAY!!!!

it actually doesn’t matter if she didn’t intend to kill her, the laws were changed here back in 2009 to allow “someone to be charged with murder if they kill someone who they intend to cause harm to.”

as for whether a convincing argument for self defence can be mounted, it has to be in proportion to the threat posed. so no, a stabby response to a verbal threat probably isn’t going to cut the mustard.

I heard the victim owed Massey a $100.00, that’s what it was over, don’t quote me, this was second hand news.

Oh course Massey intended to kill the women, she stabbed her 6 times, as far as blaming the medical profession, she wouldn’t be in that situation if she hadn’t been stabbed!

LSWCHP said :

Not said :

Should we let the courts decide guilt? Or should we perpetuate the mistrial on account of gossip rags? No wonder Judge only trials are popular.

The courts certainly get to decide innocence or guilt. But you appear to be suggesting that the citizens of this country should have no opinions on the matters before the courts. Is there a law that says we can’t have such opinions and express them? If not, then we’re free to do as we please within the boundaries of the law.

If I choose to believe that someone is innocent or guilty in contradiction of the findings of a court then I would say that that is my decision to make. If I chose to express that opinion in a manner that doesn’t break the law then what’s the problem?

Regarding this particular case, the apparent suggestion by Mr Pappas that the victims death was caused by inept medical treatment seems astounding. It’ll be interesting to see how that plays in court.

I am not suggesting that at all. You can certainly have an opinion. As long as you are willing to base the opinion on what you have received about a court case via mass media and that it can never really be an accurately informed opinion. If you just want to have an opinion then I emphatically support you in doing so. Just do it in line with your level of expertise and information. It just comes across fool-hardy otherwise. And I don’t want you to look bad as a fellow citizen with an opinion.

wouldntulike2know said :

U know what Rebecca Massey is my bestie…
She is a wonderful loyal friend.
U know that sayin..’?”never judge a person until you walk a mile in their shoes”

Ahhhhh…..of course.

A few weeks ago my ten year old son said to me “Dad, before you judge a person you should walk a mile in their shoes”.

“Oh?” I said.

“Yeah” he replied “That way, when you judge them, you’re a mile away, and you have their shoes.”

Not said :

Should we let the courts decide guilt? Or should we perpetuate the mistrial on account of gossip rags? No wonder Judge only trials are popular.

The courts certainly get to decide innocence or guilt. But you appear to be suggesting that the citizens of this country should have no opinions on the matters before the courts. Is there a law that says we can’t have such opinions and express them? If not, then we’re free to do as we please within the boundaries of the law.

If I choose to believe that someone is innocent or guilty in contradiction of the findings of a court then I would say that that is my decision to make. If I chose to express that opinion in a manner that doesn’t break the law then what’s the problem?

Regarding this particular case, the apparent suggestion by Mr Pappas that the victims death was caused by inept medical treatment seems astounding. It’ll be interesting to see how that plays in court.

wouldntulike2know9:29 pm 04 Apr 11

U know what Rebecca Massey is my bestie…
She is a wonderful loyal friend.
U know that sayin..’?”never judge a person until you walk a mile in their shoes”
If all dont know the full story. And the media always bend the truth.
If u had a child or children and were always harassed, abused and got threat from someone saying they were goin kill u…would u stand there and take it!!! I sure wouldnt. Especially if i thought my child was at risk of being hurt.
U know what ppl its called self defence…and im pretty sure each and everyone of u would protect yourself!!!
I SUPPORT HER ALL THE WAY!!!!

Mysteryman said :

Not said :

Should we let the courts decide guilt? Or should we perpetuate the mistrial on account of gossip rags? No wonder Judge only trials are popular.

Oh geez, here we go again. JB, did you know that Chief Justice Higgins was posting under the name “not”?

Well for someone so insistent on a clean judicial process, one would think you would want more Jury’s present at trial. A way of doing that might be to keep assumptions to one’s self. Though I have been in front of Higgins once, I am of no likeness I assure you.

perhaps she mentioned “to the pain!” prior to the attack?

Ian said :

I want to hear the argument that says you can stab someone in the chest and not be intending to kill them.

Well apparently you can stab your mum 57 times and not really mean to kill her. Its just being a bit negligent.

http://www.canberratimes.com.au/news/local/news/general/judge-rules-porritt-didnt-murder-mother/241945.aspx

Not said :

Should we let the courts decide guilt? Or should we perpetuate the mistrial on account of gossip rags? No wonder Judge only trials are popular.

Oh geez, here we go again. JB, did you know that Chief Justice Higgins was posting under the name “not”?

““Whether the death was caused by the stabbing or by some medical misadventure is a matter for you to decide,” he told the jury.”

…maybe I’ve just watched too many episodes of Law & Order, but isn’t determining the cause of death the job of the people who do the autopsy, not the jury?!

Should we let the courts decide guilt? Or should we perpetuate the mistrial on account of gossip rags? No wonder Judge only trials are popular.

Ian said :

I want to hear the argument that says you can stab someone in the chest and not be intending to kill them.

Well, I guess it is akin to speeding, in a stolen car, running from the cops, through a red light, yet not intending to kill the people you hit.

To be honest, I only came here to say that the title of this post made me laugh out loud.

I want to hear the argument that says you can stab someone in the chest and not be intending to kill them. Is Massey going to claim to be such a precise knifeswoman that she could aim to miss all the vital things that might kill someone if stabbed?

Wow. Quality defense – questions intent to kill AND cause of death.

How much would that give you the irrits – you get to know who killed your friend/partner/family member, but because the medical profession attempted to save their life rather than just let them bleed out and die, some lawyer can jump up and down about reasonable doubt on cause and effect and Blammo! You don’t get to see them convicted of murder.

It will be interesting to see how that shakes out.

johnboy said :

I think that could get me in a lot of trouble.

Not if you claim it was a medical misadventure.

The_Bulldog said :

As for stabbing people without intent to kill – what a cracker. On the basis of that logic, would it be possible to stab someone without intent to harm?

well, perhaps not ‘stab to harm’, but certainly its possible to stab ‘not to kill’ – i could stab you in the foot, for instance; i would contend that i was merely trying to put you in pain, not kill you. so not so far fetched and i’m sure the honourable pappas j. will prosecute this line with some alacrity and efficacy…

Diggety said :

The_Bulldog said :

Can we run odds on the likelihood of a conviction and/or leniency of any possible sentence?

As for stabbing people without intent to kill – what a cracker. On the basis of that logic, would it be possible to stab someone without intent to harm?

What irks me about this, and a raft of similar cases, is that people’s illegal and destructive life-styles become a core part of their defence in such cases. It seems we can’t successfully prosecute criminals for conducting a criminal act because of their habitual criminal tendencies. Is it just me who finds this a trifle unusual or did I miss something here?

+1. Bulldog, well said.

JB, can we get some betting ring for this conviction/sentence?

I think that could get me in a lot of trouble.

The_Bulldog said :

Can we run odds on the likelihood of a conviction and/or leniency of any possible sentence?

As for stabbing people without intent to kill – what a cracker. On the basis of that logic, would it be possible to stab someone without intent to harm?

What irks me about this, and a raft of similar cases, is that people’s illegal and destructive life-styles become a core part of their defence in such cases. It seems we can’t successfully prosecute criminals for conducting a criminal act because of their habitual criminal tendencies. Is it just me who finds this a trifle unusual or did I miss something here?

+1. Bulldog, well said.

JB, can we get some betting ring for this conviction/sentence?

Can we run odds on the likelihood of a conviction and/or leniency of any possible sentence?

As for stabbing people without intent to kill – what a cracker. On the basis of that logic, would it be possible to stab someone without intent to harm?

What irks me about this, and a raft of similar cases, is that people’s illegal and destructive life-styles become a core part of their defence in such cases. It seems we can’t successfully prosecute criminals for conducting a criminal act because of their habitual criminal tendencies. Is it just me who finds this a trifle unusual or did I miss something here?

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