Prosecutors push for surgeon’s killer to be sentenced under one-punch laws
Top prosecutors will push for a young thug to be the first Victorian sentenced under one-punch laws following the death of a respected heart surgeon at Box Hill hospital last year.
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Victoria’s tough one-punch laws are expected to be used for the first time, with prosecutors pushing for a young thug to cop the minimum 10 years in jail for killing a heart surgeon.
Joseph Esmaili, 24, was this week found guilty of the manslaughter of Melbourne surgeon Patrick Pritzwald-Stegmann at Box Hill Hospital.
The Sunday Herald Sun can confirm the Office of Public Prosecutions has filed a notice in the Supreme Court seeking Esmaili be sentenced under the one-punch laws.
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The death of Mr Pritzwald-Stegmann was sparked by an argument about smoking in May 2017. The surgeon, 41, was punched in the hospital foyer and suffered critical head injuries.
He died four weeks later when his life support was turned off.
Laws introduced in 2014 mandated 10-year non-parole periods for anyone guilty of manslaughter by a single blow, in a bid to curb a spate of fatal one-punch attacks.
But despite two high-profile cases in recent years, the laws have never been used, with plea deals being struck in some cases. Andrew William Lee, 34, was jailed for a maximum of eight years but will be eligible for parole in just five years after pleading guilty to killing Patrick Cronin at Diamond Creek in April 2016.
Patrick, 19, was on a night out with friends at the Windy Mile pub and was trying to drag them to safety after a brawl erupted when he was hit by Lee.
Richard Vincec was jailed for eight years with a minimum of five years after pleading guilty to fatally striking Jaiden Walker after leaving CBD nightclub Cherry Bar in May 2017.
The Geelong man punched 22-year old Mr Walker in the face after he refused to shake his hand.
Caterina Politi, whose son David Cassai was fatally punched by a thug on New Year’s Eve in 2012, said it was disappointing that the laws had not yet been used.
“At the moment they’re getting five- year minimums and it’s not enough,” said the founder of the “Stop. One Punch Can Kill” campaign.
“They’ve destroyed a person’s life — in this case, a heart surgeon who was so talented and who saved so many lives himself.
“He deserved justice. They all deserve justice,” she said.
Ms Politi said if Esmaili was given the 10-year minimum she would be the first person to stand up in court and applaud, but added that it would be a “hollow victory”.
“We never wanted these laws to have to be used because it would mean someone else has lost a loved one,” she said.
Esmaili had pleaded not guilty and maintained his innocence throughout the four-week trial, claiming he had acted in self-defence.
He told the court he hit the father of two “because I thought he was going to hit me”.
A 12-person jury took just two days to find him guilty.
He will return to court for a pre-sentencing hearing on March 1.