05-13-2007, 08:22 PM #1
Husband's 'sick death fantasy' leads to jail
A Dianella man who made depraved and violent computer images depicting the murder of his ex-wife was today jailed for 11 years for trying to carry out his sick fantasy of killing her.
Edward Dominic D'Rozario had lured Ruth Ballard to his home in December 2005 under the pretence of discussing the custody of their seven-year-old daughter when he asked her to close her eyes because he wanted to give her a Christmas present.
Instead, he put a glove on his hand, grabbed a 33.5cm knife from a cupboard and told her: "Here's your Christmas present. I'm going to f...ing kill you and I f...ing hate you," as he lunged at her.
D'Rozario, 40, was convicted by a jury in February of attempting to murder Ms Ballard and had earlier pleaded guilty to unlawfully detaining and indecently assaulting her during the same incident.
Today he was sentenced in the Supreme Court for all three crimes.
Defence lawyer Jonathan Davies described D'Rozario's crime as a "spontaneous and passionate act" which luckily only resulted in cuts to Ms Ballard's finger and rib.
He told Justice Peter Blaxell: "There's strong evidence that he is unlikely to re-offend in any way, let alone be a danger to (Ms Ballard)."
But State prosecutor David Davidson said D'Rozario's crime was far more premeditated - demonstrated by the "death kit" sports bag police found at his house, which contained a hacksaw, balaclava, industrial sized bin bags and a garrotte made out of a tie.
Mr Davidson said if it were not for the "verbal judo" Ms Ballard used to keep D'Rozario talking while he held her against her will and indecently assaulted her by rubbing his groin on her, "the offender would be facing a wilful murder charge".
Justice Blaxell agreed that it was "purely the result of extreme good luck" that Ms Ballard heard a footstep, opened her eyes and managed to evade D'Rozario's blade as he lunged at her abdomen.
The Judge told D'Rozario the attempted murder was a result of his hatred of Ms Ballard combined with a "perverted sexual nature" which manifested itself in the grotesque computer images he created, showing his wife's face "pasted' on pictures of naked women being stabbed, sexually assaulted and disembowelled.
"You intended to mutilate the complainant's body either before or after she died," Justice Blaxell said.
D'Rozario, originally from India, was sentence to 11 years for the attempted murder, two years for unlawful detention and one year for aggravated indecent assault.
His sentences, to be served concurrently, were back-dated to December 2005. He was made eligible for parole.
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