How does Wei Li’s nine-year jail term stack up against other manslaughter cases?

THE Supreme Court blasted killer Wei Li for his lies and narcissism — but how does his jail term compare to other manslaughter cases? Chief Court Reporter Sean Fewster investigates.

COURTS & CRIME - Adelaide, South Austrlaia. A picture of Wei Li taken in Melbourne days after he allegedly murdered his mother at the Burnside family home in March 2011. The picture has been released by the Supreme Court

• Wei Li sentenced for killing mother at Burnside in 2011
• Stroke of luck: Vital evidence in case found by chance
• Analysis: Why Li was found guilty of manslaughter, not murder
• Bold boast: Li told doctors he would “beat” murder case
• ‘Noodle Dough’ Boy: Inside Wei Li’s mind

WEI Li claims he suffered a lifetime of verbal abuse from his hypercritical “Tiger Mum” and eventual victim over everything from his school results to his diet.

Yet it is doubtful even those purported experiences prepared him for Thursday’s condemnation by Supreme Court Justice Trish Kelly.

Imposing a nine-year jail term for manslaughter, Justice Kelly levelled at Li rebukes far above anything his mother, Emma Mae Tien, had ever said to him.

“I conclude that you are indeed a highly intelligent, but narcissistic and highly self-absorbed young man, prepared to lie if you think that will advance your cause,” she said, causing the normally-composed Li to shift uncomfortably in the dock.

“Your behaviour and your conduct in the days, weeks and years after killing your mother demonstrate a chilling lack of remorse or contrition.

“You have demonstrated a disturbing lack of insight, remorse or contrition about your conduct.”

Though the critique clearly caught Li off-guard, the respected judge is well-known for her no-nonsense, straightforward approach to sentencing remarks.

In November 2011, she condemned Angelika Gavare — who bashed and dismembered pensioner Vonne McGlynn — as “inhuman, greedy, narcissistic and deceitful”.

And when dealing with Ashlee Polkinghorne and Benjamin McPartland, who killed little Chloe Valentine, she did not mince words.

“You were prepared to allow your child to die rather than exercise any parental responsibility,” she said.

On Thursday, Justice Kelly jailed Li for nine years, with a non-parole period of seven years, two months and 11 days.

Wei Li takes a selfie in Melbourne days after he killed his mother at the Burnside family home in March 2011.

Taking into account time served, Li will be eligible for release on parole in 5½ years and could return to the community before his 28th birthday.

What seems, at first blush, to be a disparity between the length of his sentence and Her Honour’s remarks actually highlights manslaughter’s unique place in the criminal law.

Like all crimes in South Australia, manslaughter is governed by Criminal Law Consolidation Act (1935), which sets a maximum penalty of life imprisonment.

The Act deliberately does not make life imprisonment mandatory, nor does it specify a minimum penalty for the offence. It recognises two types of manslaughter — voluntary and involuntary.

For voluntary manslaughter, all the elements necessary for a finding of guilt of murder are made out by the evidence, but some circumstance mitigates the offending.

Involuntary manslaughter is itself divided into further categories:

UNLAWFUL or dangerous acts, where a person should have realised their conduct could case death, such as a coward punch.

WHEN the victim has willingly engaged in dangerous conduct, such as measuring a potentially lethal dose of heroin while injecting the drug with a friend.

CRIMINAL negligence, where an offender’s behaviour is so reckless that it demonstrates a complete disregard for the safety of other people.

Manslaughter, therefore, has perhaps the broadest range of any offence at law — and so penalties vary greatly.

A practical joke gone wrong would be considered manslaughter, as would incidents of drunken violence. In 1997, Pieter Johannas Janssens was jailed for five years after stabbing his drinking partner, Esko Illari Salo, who had attacked him with an “Aboriginal whacking stick” while drunk.

Last year, Bevan John Brougham was acquitted of murdering his neighbour, Dianne Rogan following a night of drinking. However, the amorous man’s brutality toward the beloved Whyalla resident resulted in a manslaughter conviction and 15 years’ jail.

Though sober, Danny Nedza was last year jailed for more than five years for a fatal “one-punch” attack on pizza bar owner Robert Vallelonga outside a city nightclub.

Chloe Valentine’s death was manslaughter — Polkinghorne was jailed for eight years and McPartland for seven, and each received a four-year non-parole period.

Respected teacher Angela Puhle killed her severely disabled daughter, Kyla, and her five year term was suspended on a three-year, $1000 bond.

One of the most severe manslaughter sentences in recent times was handed down by the Supreme Court in 2012.

A youth member of a gang that killed Akol “Alex” Akok attack was jailed for life, with a five-year minimum term.

Manslaughter also covers incidents of excessive self-defence, such as women who kill their abusive spouses to save their own lives.

In 2004, Gwenda Elaine Savcic’s three-year jail term, for killing her husband Mark with a sword, was suspended on condition of a three-year good behaviour bond.

In 2011, Rajini Narayan’s six-year term, for burning her husband Satish to death, was likewise suspended on condition of a three-year bond.

A year later, however, Catherine Therese Collyer was ordered to serve an immediate nine-month term for killing her defacto husband, Troy Hannah, in self-defence.

Against that background, Li’s crime can be seen — and was, by the court — as one of voluntary manslaughter.

Justice Kelly ruled the jury’s verdict meant they considered his actions fell short of murder because he was reacting to provocation by Ms Tien.

His sentence, therefore, earns him a place in the manslaughter rogues’ gallery right behind the youthful gangster and the amorous drunken neighbour, but before the grossly negligent parents.

Manslaughter rogues’ gallery

YOUTH GANG MEMBER

Killed Akol “Alex” Akok in a group assault at Pennington in December 2009.

Jailed for life with a five-year non-parole period.

BEVAN JOHN BROUGHAM

Killed Dianne Rogan in her Whyalla backyard in July 2013.

Jailed for 15 years with a 12-year non-parole period.

WEI LI

Killed his mother, Emma Mae Tien, in their home in 2011.

Jailed for nine years with a seven-year, two-month, 11-day non-parole period.

Ashlee Polkinghorne.

ASHLEE POLKINGHORNE AND BENJAMIN McPARTLAND

Killed Chloe Valentine, 4, through criminal neglect in January 2012.

Jailed for eight years and seven years respectively, with four-year non-parole periods.

DANNY NEDZA

Killed Robert Vallelonga outside a nightclub in May 2014.

Jailed for four years and five months with a three-year, five-month non-parole period.

PIETER JOHANNAS JANSSENS

Killed Esko Illari Salo after drinking together in November 1997.

Jailed for seven years and two months with a five-year, two-month non-parole period.

CATHERINE THERESE COLLYER

Killed her abusive defacto, Troy Hannah, in self-defence in December 2009.

Jailed for three years and nine months, with a nine-month non-parole period.

Angela Puhle.

ANGELA PUHLE

Killed her disabled daughter Kyla, 27, through neglect in March 2011.

Jailed for five years, suspended on condition of a three-year bond.

RAJINI NARAYAN

Killed her abusive husband, Satish, by setting him alight in December 2009.

Jailed for six years, suspended on condition of a three-year bond.

GWENDA ELAINE SAVCIC

Killed her abusive husband, Mark, with a samurai sword in March 2003.

Jailed for three years, suspended on condition of a three-year bond.