NSW: DPP to appeal Hoerler sentence

AAP General News (Australia)
12-17-2003
NSW: DPP to appeal Hoerler sentence

By Emma Ambler

SYDNEY, Dec 17 AAP - A controversial sentence given to the killer of a seven-month-old
baby would be appealed, the NSW Director or Public Prosecutions (DPP) said today.

Baby Jordan Anderson choked on his own vomit after being beaten and tortured at his
home in Wagga Wagga in the state's south-east, on February 25, 2000.

His killer, Christopher Hoerler, 24, was sentenced in the NSW Supreme Court last week
to 11 years jail.

He was given a non-parole period of eight years and three months for the baby's manslaughter.

But the sentence caused community outrage and was considered inadequate.

NSW Attorney-General Bob Debus, who called on the DPP to reconsider the sentence, said
he was relieved by the decision.

He said the DPP had argued that a case as serious as this should attract a penalty
between 20 and 25 years.

Acting Justice Jeffrey Miles said at the time he did not impose the maximum sentence
because there needed to be a distinction between murder and manslaughter.

Mr Debus said standard minimum sentences for manslaughter should be introduced for
different categories of crimes.

"The DPP has advised me that this case may now provide an opportunity for a review
of the general level of penalties for manslaughter cases as violent and horrible as this,"

he said.

Meanwhile, opposition attorney-general Andrew Tink said the lower sentence resulted
from the DPP's own decision to accept a manslaughter plea.

Hoerler had pleaded not guilty to murder. But after the Crown completed its case in
his trial he pleaded guilty to the lesser charge of manslaughter.

"When you look at this trial, the centrepiece at the end of it was the agreement reached
by the DPP and the defence," Mr Tink said.

But Mr Debus said the plea was accepted because it was not an open and shut case.

"There were grave fears that the defendant may have escaped conviction and walked free," he said.

The case will now go before the Court of Criminal Appeal.

AAP ea/sd/jv/bwl

KEYWORD: HOERLER

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