Australia: Man who gave a stranger his last cigarette jailed for more than 10 years for manslaughter - PressFrom - Australia
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Australia Man who gave a stranger his last cigarette jailed for more than 10 years for manslaughter

07:25  10 october  2019
07:25  10 october  2019 Source:   abc.net.au

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Cody Frost, 37, was angry and shouted at Supreme Court Justice James Elliott during his sentencing for the 2017 manslaughter of 24-year-old Marcus Rowley.

Frost was sentenced to 10 years and six months in jail, with a minimum term of seven years and nine months.

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Frost and his friend Bethany Micallef were on a train from St Albans station in Melbourne's north-west on the evening of August 5, 2017.

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Mr Rowley was on the same train.

The court heard Mr Rowley was acting in an "obnoxious and confrontational" manner, attracting the attention of fellow passengers and prompting one person to call the police.

"His behaviour attracted your attention and you turned around to observe what was going on," Justice Elliott told the court.

"His language and drinking caused [Ms Micallef] to feel uneasy."

After leaving the train at Tottenham station in West Footscray, Mr Rowley asked Frost for a cigarette.

He gave Mr Rowley his last cigarette.

"You were not aggressive to Mr Rowley … in fact you called him mate," Justice Elliott said.

"Mr Rowley chose to follow you.

"Mr Rowley's behaviour at this point was arrogant, loud and flamboyant."

The court heard Ms Micallef and Frost had repeatedly told the 24-year-old [to] go away, leaving the footpath in an effort to stop Mr Rowley following them.

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"Mr Rowley was being verbally aggressive. You were feeling annoyed, agitated, frustrated and angry," Justice Elliott said to Frost.

"There's no closed-circuit television as to what happened next, there's no recording of you stabbing Mr Rowley."

The court heard before she fled the scene, Ms Micallef saw the two standing a metre apart, with Mr Rowley's hand raised.

Frost stabbed Mr Rowley in the back, leaving him on the road.

Frost handed himself into police the following day, after learning Mr Rowley was dead.

Brother calls 10-year sentence 'absolutely ridiculous'

Speaking briefly outside court, Mr Rowley's mother said "justice wasn't done".

"He wasn't even a citizen of Australia," Mr Rowley's mother Carolyn Brooke said.

"Marcus was a very happy, very kind jolly young fellow."

His brother, Nicholas Brooke, said the law had to be tougher on people like Frost.

"It needs to get stronger, it needs to put people away for a lot longer for violent crimes," he said.

"He's killed my little brother and he's got 10 years for it. Ridiculous, absolutely ridiculous."

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Killer showed 'little remorse'

In sentencing, Justice Elliott said the fatal attack required at least a "mild degree of force" and was a "disproportionate" reaction to Mr Rowley's "obnoxious and confrontational" behaviour.

He accepted the killer had lived a difficult life and had suffered abuse at the hands of his step-father before growing up in foster care.

Frost drifted between Australia and his native New Zealand, racking up a criminal record with 52 convictions.

Frost took exception to the way Justice Elliott described a gunshot wound he received earlier in life, which left him with an acquired brain injury.

"I got shot 11 times, not a gunshot, 11 times I was shot, if you're going to tell it, tell it properly," Frost shouted over the top of the judge.

Frost abused drugs and had been diagnosed with chronic paranoid schizophrenia and a personality disorder.

Since 2009, he had only been out of jail for about a year, Justice Elliott said.

"The impact of your antisocial personality disorder and the impact of your substance abuse was moderate," he said.

"You have shown little remorse, if any. Given your history I do not consider your prospects for rehabilitation to be strong."

After time already served, Frost will be eligible for parole in 2024 and he will likely be deported to New Zealand.

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