Martial artist Francois Joseph Ghassibe sentenced for road rage killing
A road rager who killed a much older man will be out of jail in just three years – with a judge saying the victim’s actions “substantially mitigated” the crime.
Police & Courts
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A martial artist who killed a man 40 years his senior in a road rage brawl could be free from prison in just three years’ time – and his victim’s family says their suffering “does not stop”.
On Monday, the Supreme Court jailed Francois Joseph Ghassibe for six years and nine months, with a 4 1/2-year non-parole period.
Justice David Peek said nothing could condone nor justify Ghassibe’s unwarranted decision to forcefully kick Brian Max Richardson in the chin, causing him to hit his head on the roadway, during their encounter.
However, he said Ghassibe’s “deprived childhood” and mental health issues warranted a lesser sentence for a crime that was “substantially mitigated” by Mr Richardson’s “aggressive and seriously assaulting behaviour”.
Justice Peek backdated Ghassibe’s sentence to his arrest in April 2022 – making him eligible to seek release on parole from October 12, 2026.
The sentence visibly shook and upset Mr Richardson’s family as they listened from the public gallery.
In his victim impact statement, Mr Richardson’s son Shane said their lives had been forever altered by Ghassibe.
“Bottom line, the suffering does not stop for any of us … I have lost my dad, a best mate, the best support you could ever ask for, and more,” he said.
“There’s no more laughter, no more fishing time, no more fixing shit, no more brainstorming, no more anything … this experience has been beyond painful.”
Justice Peek found Ghassibe, 32, of Mansfield Park, not guilty of murder but guilty of manslaughter over the brawl on West Terrace on April 1, 2022.
Having heard conflicting eyewitness evidence, he ruled Mr Richardson had behaved “aggressively” toward Ghassibe, who acted “impulsively” and in excessive self-defence.
Ghassibe, who had pleaded guilty to manslaughter, apologised in court to the Richardson family – they told him he had “completely disrupted” their lives.
In sentencing on Monday, Justice Peek said Mr Richardson was killed not by Ghassibe’s attack, but by the “highly unfortunate fact” he struck his head on the roadway.
“Your conduct in delivering the (final) kick can in no way be justified or condoned … irreparable damage has been caused to Mr Richardson’s wife, children and family,” he said.
However, he said Ghassibe’s actions were “impulsive” and fuelled by the consequences of his “deprived childhood” and “complex” post-traumatic stress.
Those factors, he said, left him “hyperaroused” to frustration and violence, and “hypervigilant” toward potential threats, prompting him to react to Mr Richardson’s “aggressive and seriously assaulting behaviour”.
That, he said, “somewhat reduced” Ghassibe’s “moral culpability” but did not outweigh his “bewildered, disproportionate response” to being attacked by his victim.