R v Maglovski (No 2)  NSWSC 16 (4 February 2013)
The Case DONE
On the the 15th of November 2012, Dragi Maglovski was convicted guilty of the murder of his wife, Rosa Maglovska. This conviction was made after a 7-day hearing in the Supreme Court of New South Wales. Mrs. Maglovska’s murder was the result of 10 stab wounds and 37 slash wounds, all inflicted by Mr. Maglovski. The wounds were inflicted with a knife taken from the couple’s kitchen.
Mr. Maglovski pleaded not guilty to the charge of murder, but pleading guilty to manslaughter with the defense of provocation. In the months prior to her death Mrs. Maglovska had been becoming more and more independent, and on the day that she decided to leave Mr. Maglovski she allegedly spat in his face and told him that she didn’t want to live with him anymore. The fight that ensued resulted in Mrs. Maglovska’s death. After his wife’s death a very calm and collected Mr. Maglovski called ‘000’ and then proceeded to show the emergency services officer’s the crime scene. During his trial Mr. Maglovski shared with the courtroom a little about his culture, he explained the understanding within his culture that behavior such as his wife’s would demand a “ritual cleansing of the family of the shame” . Neither this, nor any other mitigating factors, was enough to reduce Dragi Maglovski’s charge to manslaughter, however, and he was charged with the murder of his wife, Mrs. Maglovska.
He was sentenced to 20 years imprisonment, with a non-parole period of 16 years, on the terms that “married women have the right to choose their own destiny” .
Elements of the Offence DONE
The term ‘Actus Reus’ is Latin, and translates to ‘the guilty act’ , it refers to the thing that the offender did that was wrong. The Actus Reus of the R v Maglovski case was, as discovered through an autopsy of the victim, the infliction of a variety of sharp and blunt force injuries. These injuries included a number of bruises to the upper body, a fractured nose, a black eye, as well as ten stab wounds and twenty-nine slash wounds. It was found in court that Mr. Maglovski inflicted these injuries through his use of the knife he had taken from the couple’s kitchen.
The term ‘Mens Rea’ is also Latin, and translates to ‘the guilty mind’ , that is, the mental intention behind the Actus Reus. The Mens Rea of this case indicates Mr. Maglovski knew at the time of the offence that the injuries that he was inflicting would result in the death of his wife. The Mens Rea can be deduced from Mr. Maglovski’s ERISP, where he answers the question, “What did you think was going to happen when you stabbed her?” with, “She was going to die. ” This indicates that Mr. Maglovski had the intention to kill his wife, Mrs. Maglovska.
The ‘Causation’ of a case refers to the "causal relationship between conduct and result ", which means that in order to charge someone with murder it needs to be proven that the victim’s death was a direct result of the person’s...