Ice killers are trying to use their addictions to beat the law

ICE use is out of control and the casualty toll is growing. So Australians should brace themselves to hear more of this evil excuse being used.

ICE addict Sean King stomped on his girlfriend so many times her heart eventually stopped when a hole was torn in it, leaving her with injuries similar to that of a high-speed car crash.

Another — his brain supposedly fried through constant methamphetamine use — fired a gun and shot his partner through the head, ending months of abuse and threats.

If we were in any doubt about the perils of ice use and its deadly effects, we need only look at the murders of Jazmin-Jean Ajbschitz, 18, and Rekiah O’Donnell, 22.

But they have also revealed the depths these ice-fuelled killers will sink to as they try to lower their sentences — and even escape murder convictions — by blaming their use of meth.

Ms Ajbschitz was kicked and hit by partner King in 2013 during a brutal attack inside her Sydney apartment. He dragged her bleeding body throughout the apartment before killing her with powerful, deliberate stomps.

This week he lost a bid to appeal his 25 year minimum sentence after originally pleading not guilty on the grounds he was so high on meth at the time he “couldn’t form an intention to kill.”

Last month, another killer, Nelson Lai, 35, was found guilty of the manslaughter — but not murder — of Ms O’Donnell after an ice-bender.

He argued he had been coming down from an ice-induced high when he picked up a revolver, not knowing it was loaded, and pulled the trigger.

He said he had never fired a gun before and was minding the weapon for a friend — and a Supreme Court jury believed him.

Rekiah O’Donnell, 22, was shot in the head — but her partner escaped a murder conviction.

Jazmin-Jean Ajbschitz was killed by her partner in a brutal attack in 2013.

With the ice epidemic that is sweeping Australia and fuelling crime, experts fear it is only inevitable more criminals will try and exploit the law to benefit them.

The victims families were both devastated at the killers’ legal manoeuvres. Ms Ajbschitz’s family declined to comment while Ms O’Donnell’s are hopeful of a law change to stop the same thing happening from happening to another family.

‘What that means is you point a gun at someone, you pull the trigger — without being in self defence — you’re a murderer — you are charged with murder,’ her brother Jesse O’Donnell told A Current Affair.

“The defence’s case rests on the fact that he would have been tired, fatigued from chronic ice use up to five days beforehand.”

Criminal lawyer Sam Macedone told news.com.au the law would need to change if people didn’t want to see similar results.

“The defence has always been there. It used to be argued quite extensively in relation to intoxication ...’ I was too drunk to know what I was doing’ argument ... And that became very widespread.

Sean King had his bid to appeal his 25 year murder sentence.

Eventually NSW introduced legislation that prevented that from happening.

“I honestly think that’s what should happen with these drugs that alter your mind. We should have a similar sort of provision that if you take it voluntarily and do something you are responsible for it — so you can’t come to court and say, “it was a drug induced psychosis I wouldn't have done it if not affected by drug use’ as a mitigating excuse.”

Mr Macedone said it was wrong to suggest lawyers “manipulated” the system by using the defences.

But he said lawyers wouldn’t be negligent if they didn’t use whatever tools were available to them by law on behalf of their clients.

If there was a law change however that would change — and possibly save many families with heartache.

“It’s just bad luck, you take the drug and you deal with the consequences.”

He said Ms O’Donnell’s family were entitled to be devastated with the outcome.

“Yet the court said he didn’t know, he wasn’t thinking straight ... If you want to take drugs so much that you can’t really understand a guns loaded or not. I’m sorry if there’s a consequence you wear it and the consequence is you’ve killed someone and if its intentional you go for murder ... It’s not the sort of result you expect to happen. If you ran that case 10 times with 10 different juries you would get 10 different results. Another jury wouldn’t but it.”

Earlier this year the Australian Crime Commission’s annual report illustrated the worsening methamphetamine problem.

Nelson Lai arrives in the prison van at the Melbourne Supreme Court. He was found guilty of manslaughter but not murder.

And it revealed the growing casualty rate.

“Of all illicit drugs, the Australian Crime Commission report assessment is that methylamphetamine, and in particular the crystallised form, commonly known as ‘ice’, is the most dangerous and the highest risk to our nation,” ACC chief executive Chris Dawson told the ABC.

“We are seeing weekly and daily homicides, drug-impaired driving, addict-based crime in the form of aggression, violence and other crimes such as burglaries in which organised crime groups are profiting,” Mr Dawson said.

In Victoria ice was linked to 14 homicides in as many months while in NSW there are growing fears within police ranks that ice use was fuelling crime.

Commander of the NSW Drug Squad, Detective Superintendent Tony Cooke said ice had a devastating impact on communities.

“It can make you aggro, violent and unreasonable, and has been linked to numerous violent crimes throughout the state. Quite simply, ice makes you a danger to yourself and those around you.”

Originally published as Ice killers are trying to use their addictions to beat the law