Joseph Esmaili’s appeal against 10-year jail term dismissed
A one-punch killer argued his prison sentence should be quashed because his victim — a highly respected heart surgeon — knew the deadly blow was coming. But a court has found that his grounds for appeal had “no substance”.
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A one-punch killer who dealt a fatal blow to a respected heart surgeon has failed in his bid to reduce his mandatory ten-year prison sentence.
Joseph Esmaili last year became the first person to be sentenced under Victoria’s coward punch laws, which carry a minimum 10-year jail term, after a jury found him guilty of the manslaughter of Patrick Pritzwald-Stegmann, 41.
Earlier this month, Esmaili had argued he should not spend the next decade behind bars because his victim had “clear warning” a deadly punch was coming.
The men had been arguing about smoking in the foyer of Box Hill hospital in May 2017 when Esmaili punched Mr Pritzwald-Stegmann once in the head, causing him to fall back and knock his head on the tiled floor.
The father of two died four weeks later after his life support was withdrawn.
The Court of Appeal today found Esmaili’s grounds for appeal had “no substance” and dismissed the argument Supreme Court Judge Elizabeth Hollingworth had made an error in applying the mandatory sentence.
In applying the legislation — which had sat dormant for five years — Justice Hollingworth needed to be satisfied of four key elements: that the punch was deliberate, it was to the head or neck, that Mr Pritzwald-Stegmann wasn’t expecting it, and that Esmaili knew this.
Barrister Chris Carr for Esmaili had argued Mr Pritzwald-Stegmann would have been well aware the argument was growing increasingly violent after Esmaili spat in his face.
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.
But in dismissing the appeal, the Court of Appeal said Justice Hollingworth’s finding of facts were “unimpeachable”.
“Evidence including both the CCTV footage and eyewitness accounts suggested not only that the violence was obvious, but that (Esmaili) intended the victim to apprehend that he was about to deliver a blow,” the Judgement said.
Court of Appeal judges Phillip Priest, Emilios Kyrou and Michael Croucher also found Mr Pritzwald-Stegmann gave no indication he knew a deadly punch was coming as he tried to escort him from the hospital.
“(His) demeanour is entirely consistent with an individual endeavouring to deal with an angry, loudmouthed, uncouth lout, who was ‘all talk and no action’,” the court ruled.
“(Esmaili) then unleashed the dreadful blow suddenly and without any warning, at a time when Mr Pritzwald-Stegmann had his arms by his side, and in circumstances where he had no chance of defending himself,” the Judgement read.
The 24-year-old had maintained his innocence and “repeatedly and adamantly” blamed his victim throughout the five week Supreme Court trial, arguing he acted in self-defence.
Esmaili was on bail at the time of the attack and had been convicted of more than 40 offences in the previous year.
Esmaili remains the first and only person to be sentenced under the coward punch laws which were introduced in 2014 in a bid to curb a spate of fatal one punch attacks.
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