Joseph Esmaili’s 10-year sentence for deadly one punch attack holds firm
A killer who fatally punched a heart surgeon outside Box Hill Hospital wanted lenience on his 10-year sentence, saying the doctor had ‘clear warning’ the deadly punch was coming.
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One punch killer Joseph Esmaili who dealt a fatal blow to an esteemed heart surgeon has argued he should not spend the next decade behind bars because his victim had “clear warning” a deadly punch was coming.
Esmaili last year became the first person to be sentenced under Victoria’s one-punch laws, which carry a minimum 10-year jail term, for the manslaughter of Patrick Pritzwald-Steggman, 41.
In applying the previously dormant legislation Supreme Court Judge Elizabeth Hollingworth needed to be satisfied of four key elements: that the punch was deliberate, to the head or neck, that Mr Pritzwald-Steggman wasn’t expecting it, and that Esmaili knew this.
The father-of-two had argued with Esmaili about smoking in the foyer of Box Hill hospital in May 2017 before Esmaili punched him in the head, causing the heart surgeon to fall back and knock his head on the tiled floor.
He died four weeks later after his life support was withdrawn.
Barrister Chris Carr for Esmaili on Thursday argued in the Court of Appeal that Mr Pritzwald-Steggman would have been well aware the argument was growing increasingly violent after Esmaili spat in his face.
“Spitting is likely to be perceived as an escalation towards physical violence,” Mr Carr said.
Mr Carr added the then-22-year-old’s behaviour in the moments before the fatal blow would have also served as a warning to his victim.
“(Esmaili) stands over the victim and his demeanour is demonstrably aggressive,” Mr Carr said.
“The implicit tenor of the body language ... is entirely threatening,” he said.
But Justice Philip Priest rejected this submission, saying that after viewing CCTV footage of the incident, he perceived Esmaili’s behaviour as “all talk and no action”.
“I disagree with that, spitting is something that cowards do,” Justice Priest said.
Crown prosecutor Brendan Kissane QC also rebuffed this claim, saying Mr Pritzwald-Steggman appeared to believe he could talk Esmaili down.
“The whole incident goes for a couple of minutes and during that time... until the punch, (Esmaili) doesn’t lay a finger on the doctor,” Mr Kissane said.
“(Pritzwald-Steggman) considered at least he’d be able to talk this man out of the building,” he said.
Esmaili’s lawyers argued Justice Hollingsworth made an error in applying the coward punch legislation when she sentenced him to 10 years and six months jail in April last year because all four criteria were not reached.
Esmaili watched proceedings via video link, holding his head in hands while his mother looked on from the courtroom.
Mr Pritzwald-Steggman’s family, including his wife Christine Baumberg, were also in court.
The court has reserved its judgment.
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