Watson Murder Case - Discussion

[livinoz]

Has anyone got a copy of the sentencing remarks? I am always loathe to comment on legal things based on media reports, as my experience as a lawyer suggests that they rarely get all the nuances correct. Based on what has been reported, however, I struggle as an Australian lawyer to see how the elements of manslaughter could have been satisfied, and therefore struggle to understand how the Court accepted the guilty plea. The plea of guilty, by the way, will be relevant to the head sentence imposed, but doesn't explain why the bulk of that sentence is to be suspended.
I see that the Alabama A-G is writing to the Queensland Supreme Court and to the Government asking them to appeal, and offering to appear on the appeal, and has already indicated a desire to pursue criminal charges in the US (acknowledging the double jeopardy difficulty).

I haven't seen a full transcript of the sentencing remarks published, just this summary in the media (with it's inherent problems):

Justice Lyons, in handing down his decision, said Watson "stood convicted on his plea of manslaughter causing the death of his wife Christina", and said he was in "gross" dereliction of his duty as a certified rescue diver and abandoning his diving buddy, "deserving of criminal punishment".

"When Tina encountered difficulties you failed to share your oxygen with her," Justice Lyons said.

"You did not take hold of her again, or stay with her, or follow her as she sank.

"You did not inflate her BCD or remove her weights. You failed to make any reasonable attempt to take her to the surface.

"(Tina) had every reason to look forward to a long and happy life."

However Justice Lyons went on to say there were several mitigating factors he had taken into account in determining the severity of Watson's sentence.

"You returned voluntarily and surrendered yourself into custody," he said.

"In my view, it was quite significant that you did not know the Crown would not charge you with murder, which carries a term of life imprisonment.

"You did not seek to pretend your actions were anything other than they were.

"You spared Tina's family the ordeal of a trial, and saved the community the expense of a trial.

"I regard your conduct as an expression of wrongdoing and remorse, and I don't consider there is any risk of re-offending.

"There is no doubt from all accounts that you loved your wife, and were devastated by her loss.

"The very serious departure in your case from the duty of care you had undertaken makes it necessary to impose a penalty.

"I order that the term of imprisonment be suspended after 12 months, taking into account the 23 days already served."

 

[livinoz]

Under-Exposed, I see you're an Australian Barrister. It's wonderful to have such expert input here regarding this particular case!

 

[almitywife]

i think we should move from hanging Watson to hanging the judge.... "failed to share oxygen"

ummm, should explain to the guy that anything after 6mtrs is toxic

 

[almitywife]

Dive killer faces US jail

AMERICAN authorities will travel to Australia to appeal against the leniency of the sentence handed to a man who admitted drowning his bride during their Great Barrier Reef honeymoon.

 

[Dadvocate]

see that the Alabama A-G is writing to the Queensland Supreme Court and to the Government asking them to appeal, and offering to appear on the appeal, and has already indicated a desire to pursue criminal charges in the US (acknowledging the double jeopardy difficulty).

Hi, Underexposed! I agree that it is great to have someone on the list with professional credentials. From your understanding, what are the implications of the US desiring the pursuit of criminal charges for Gabe stateside? Would this be under a federal mandate in order for the Australian government to allow it? I can’t see how they could try Gabe again in the state of Alabama. I could be wrong, given that I seem to be wrong about whether or not this is even possible in the first place.

I’d also like to know if Gabe can petition not to being sent to the US after his sentence is completed based on the fact that he would essentially be tried twice for the same crime? Would he have the right petition the government to send him elsewhere when his time was up? Actually could he fight extradition to his own country based on double jeopardy considerations?

I can’t imagine this will sit very well with Australian authorities. What is your take?

Cheers!

 

[Grover48]

Will he be allowed to leave Australia before his parole is complete?

Does he remain there as a condition of his parole?

Will his wife be allowed to stay in Australia during his stay there?

 

[deepstops]

Dive killer faces US jail

AMERICAN authorities will travel to Australia to appeal against the leniency of the sentence handed to a man who admitted drowning his bride during their Great Barrier Reef honeymoon.

That's not accurate, he admitted he failed to save her. That's the admission the court accepted.

I'd be very surprised if this goes anywhere here in the States because the Alabama AG admits he screwed up by trusting the case to Australian courts. Double jeopardy is, for the most part, untouchable here.

 

[bowlofpetunias]

I haven't seen a full transcript of the sentencing remarks published, just this summary in the media (with it's inherent problems):

Justice Lyons, in handing down his decision, said Watson "stood convicted on his plea of manslaughter causing the death of his wife Christina", and said he was in "gross" dereliction of his duty as a certified rescue diver and abandoning his diving buddy, "deserving of criminal punishment".

"When Tina encountered difficulties you failed to share your oxygen with her," Justice Lyons said.

"You did not take hold of her again, or stay with her, or follow her as she sank.

"You did not inflate her BCD or remove her weights. You failed to make any reasonable attempt to take her to the surface.

"(Tina) had every reason to look forward to a long and happy life."

However Justice Lyons went on to say there were several mitigating factors he had taken into account in determining the severity of Watson's sentence.

"You returned voluntarily and surrendered yourself into custody," he said.

"In my view, it was quite significant that you did not know the Crown would not charge you with murder, which carries a term of life imprisonment.

"You did not seek to pretend your actions were anything other than they were.

"You spared Tina's family the ordeal of a trial, and saved the community the expense of a trial.

"I regard your conduct as an expression of wrongdoing and remorse, and I don't consider there is any risk of re-offending.

"There is no doubt from all accounts that you loved your wife, and were devastated by her loss.

"The very serious departure in your case from the duty of care you had undertaken makes it necessary to impose a penalty.

"I order that the term of imprisonment be suspended after 12 months, taking into account the 23 days already served."

Good to see the sane heads are starting to outnumber the angry mob here!

The bolded bit tends to discredit the conspiracy theory and puts the wailing about why didn't the authorities consult Tina's family before they cam over here concept in a different light too. Duly noted that this is from a media report and not the complete statement.

It seems to me that the angry mob has taken in all the "facts" they are willing to accept and have shown little interest in "facts" that are not consistent with their "chosen reality"

Under-Exposed it is great to see someone here who can speak with some knowledge of the relevant Judicial System... welcome to Scuba Board in general it is a great place. Welcome to this thread in particular it is an interesting road and may just have more twists and turns than the tragic event that spawned it!

 

[bowlofpetunias]

That's not accurate, he admitted he failed to save her. That's the admission the court accepted.

I'd be very surprised if this goes anywhere here in the States because the Alabama AG admits he screwed up by trusting the case to Australian courts. Double jeopardy is, for the most part, untouchable here.

I am crushed that the Alabama AG feels like he screwed up like that..... maybe he should have gotten busy and done something earlier then!

Doesn't the USA advise their Citizens when they travel abroad that they are subject to the Laws of any country they chose to travel in? Perhaps they should just restrict their Citizens from traveling in countries where they don't agree with their Legal Systems just in case something happens.

 

[Doubler]

The the caption under this photo in the paper I saw stated that it was Gabe Wilson in the foreground. So my conculsions of gauge checking was made based on that caption. That is what I get for relying on a newspaper. I still don't believe he murdered his wife. I think he is a jerk, a lousy diver, a bad actor etc. For the life of me I can't figure out a motive here. I firmly believe he is in prison for repeatedly changing his story to cover his butt and the lobbying effort from the family, though under the circumstances and the repeated story changes I don't blame them.