In what could be a landmark judgment, a Victorian Supreme Court judge has sentenced a man to a maximum of 15 years' jail for his fatal attack on a university researcher after he purportedly went out "curry bashing" in January last year.
In what could be a landmark judgment, a Victorian Supreme Court judge has sentenced a man to a maximum of 15 years' jail for his fatal attack on a university researcher after he purportedly went out "curry bashing" in January last year.
Condemning John Caratozzolo for his crime, Justice Harper said the man's racist attack had diminished the "quality of life" for the whole community.
The judge said the accused, who pleaded guilty to charges of murder and robbery, was the leader of a gang of seven youths who had planned to rob Indian students of their mobile phones.
On the night of the murder, Caratozzolo targeted Zhongjun Cao, who was Chinese, as he was walking home from work at Victoria University, and Binesh Mosaheb, a Mauritian man the gang mistook for an Indian.
Mosaheb was punched in the face and had his phone and backpack stolen but escaped without serious injury.
"You wanted to cause them physical injury," the judge said. "You took the trouble to learn how to swear at Indians.
Not only that, but the language you used was designed to cause the maximum offence.
That is unequivocally racist... your crimes did exhibit a racist element. The court must at every appropriate opportunity condemn racially based crime."
Justice Harper said crime based upon racism was a negation of Australia's fundamental values.
"Everyone in this city, in this state, and in this country visitors, students, residents, everyone, whatever their race or gender or beliefs has the right to walk its streets without fear," he said.
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"This is a fundamental right, one which all of us are entitled to take for granted.
"It is a necessary element of any decent community. You have added to the element of community fear, and fear is a particularly corrosive force. You have therefore diminished the quality of life of us all. You must pay the price."
The judge added Caratozzolo was responsible for transforming a particularly happy and fulfilling family into one suffering continual despair and sorrow.
A family supporter said outside court the killing of Cao for fun was just "beyond comprehension."
"This senseless killing should anger every decent human being in this community," he said.
Indian student groups have reportedly welcomed the harsh words from Justice Harper.
The Federation of Indian Students of Australia founder and spokesman Gautam Gupta welcomed Justice Harper's condemnation of the attack.
"This particular judgment has set the tone to start making things right," he said. "This is a new start for the justice system."
Gupta said there should be research into why people even thought about "curry bashing".
However, victims groups are said to be outraged at what they regard a lenient sentence.
They have demanded that the Director of Public Prosecutions appeal against it.
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