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News (Media Awareness Project) - Australia: Families Clash Over Sentence
Title:Australia: Families Clash Over Sentence
Published On:1999-02-19
Source:Courier-Mail, The (Australia)
Fetched On:2008-09-06 13:01:42
FAMILIES CLASH OVER SENTENCE

EMOTIONAL family members clashed outside court yesterday after a man was
sentenced to six months' jail for "assisting the suicide" of his
23-year-old girlfriend by injecting her with heroin.

Michael Albert Turner, 28, who was originally charged with manslaughter,
pleaded guilty in Brisbane's Supreme Court yesterday to the lesser charge
of assisting the suicide of Dianne Helen Smith, 23, who died of a heroin
overdose.

Outside the court, relatives of Ms Smith almost came to blows with the
Turners.

Ms Smith's family was upset at what they viewed as a lenient sentence.

"It's a joke," the victim's father, Ron Smith, said.

The family had earlier reacted heatedly to claims the accused "genuinely
loved" their daughter.

"Of course he loved Dianne, how could you not?" Mr Smith said.

"She was a beautiful person, then he stole her away from us. He crucified
her ... he crucified her."

On June 6, 1997, Turner and Smith, who had been involved in a stormy
18-month relationship, booked a room at a Coopers Plains hotel.

The pair had drunk "significant" amounts of alcohol before becoming
involved in an altercation which left them both with minor injuries.

The court heard Turner wrote a suicide note to his mother and signed both
his and Smith's name.

Prosecutor Barry Thomas said Turner, a regular heroin user, injected his
girlfriend with heroin.

Mr Thomas said the two needle puncture marks in Smith's right wrist
supported Turner's admission to police because Smith was right- handed.

However, Justice Margaret Wilson said she was not satisfied beyond
reasonable doubt that Turner did inject Smith, as Turner was affected by
substances himself when he made the admission to police.

The court heard the hotel manager rang the room at about midday on Saturday
to tell the pair they had to check out.

At 12.30, Turner rang 000 and said "I think she is dead".

When the ambulance arrived, they found rigor mortis had already set in to
Smith's body.

A post mortem revealed a sedative was also in her blood stream at twice the
strength that would have been recommended for therapeutic use.

Justice Wilson said she accepted Turner's punishment would not act as a
deterrent.

"I accept you are full of remorse for what you have done," she said.

"I also accept it has had a devastating effect on the family of Dianne
Smith."
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