3
injured.
9.
Annexed to the petition is a letter from Mr. Bernacchi,
who was instructed to appear for LAI on his appeal to the Full
Court, to his instructing solicitors in which he complains
about the manner in which the appeal was dealt with. He
complains about a refusal to grant an adjournment and about the
Court's refusal to permit him to argue 6 of 7 additional grounds
of appeal which he wished to put in. The Full Court was of
the opinion that the only sustainable ground was the one on which
it permitted argument. The other grounds were, in its opinion,
"clearly unsustainable".
PRINCIPAL FACTORS.
10. (a) This is another typical gang assault.
11.
(b) LAI inflicted the fatal injuries.
(c) As the trial judge points out in his report, the
case differs from some others in that the attacking
gang did not arm themselves in advance and the more
usual weapons were not used.
Nonetheless, the
deceased was bludgeoned to death with a very effective
instrument of some kind.
RECOMMENDATION.
If the Governor decides to commute the sentence of
death, I recommend that a sentence of imprisonment for 20 years
be substituted. In his report, the trial judge recommends a
sentence of about 15 years.