Murderer who bit off wife's eyebrow has appeal dismissed

OAKEY wife-killer Brian Frederick Pearson will stay in prison after his appeal was dismissed.

Pearson was sentenced to life in jail after a jury found him guilty of murdering his wife Delarece.

During a fight in June 2011 Pearson bit off Delarece's eyebrow before taking a knife from the kitchen and stabbing her in the back.

She suffered major injuries and died before police arrived.

Pearson pleaded guilty to manslaughter during the trial and claimed the jury had been prejudiced against him when a witness revealed that he had spent time in jail during the marriage.

Trial judge, Justice Alan Wilson ruled the jury could remain impartial if reminded Pearson could have been jailed for reasons other than violence.

Court of Appeal Justice Catherine Holmes on Friday said the trial had not been prejudiced due to other, non-controversial evidence before the jury.

"The witness's unfortunate remark must be seen against the background of a substantial amount of damaging evidence properly admitted in relation to the appellant's previous violent conduct to the deceased woman, which included evidence from police officers who had in the past responded to calls concerning assaults on her," she said.

"In this case, the killing was not in dispute, and the intent to do at least grievous bodily harm could readily be inferred from the nature of the entire attack and the appellant's obtaining of a knife and use of it; with, in addition, the threat to kill which the neighbour heard. In context, little turned on the reference to jail."


Topics:  appeal court murder oakey

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