By Tania Martin
FAMILY and friends of slain musician Darren Jones, 28, have hit out at the Australian legal system, saying a 22-year sentence for the accused was not enough.
Corey Acuna, 26, formerly of Kilsyth was last Wednesday (10 September) sentenced by the Melbourne Supreme Court to 22 years jail with a minimum 17 years non-parole period.
Drug addict, Acuna murdered Mr Jones of Belgrave, stabbing him three times in an unprovoked attack in February 2006.
Mr Jones was travelling home on a Belgrave-bound train on Thursday 23 February when Acuna approached him shortly after 1.16pm.
A jury heard that Acuna produced a large diver’s knife from the front of his pants and attacked Mr Jones as the train approached Box Hill Station.
Mr Jones stumbled off the train, but collapsed on the platform and died.
Police apprehended Acuna and escorted him to the homicide squad office in Melbourne.
During the journey, Acuna told police his drug taking and schizophrenia had led to the attack.
The court heard that Acuna believed Mr Jones was someone who had owed him money.
He told police Mr Jones had made racial comments towards him and he snapped.
“He pissed me off, said racial stuff to me, so I cracked it, drilled him,” Acuna said.
Supreme Court Justice Paul Coghlan said the case was a tragic one with a young father’s life being cut short.
“Your (Acuna) behaviour appeared to be lucid, rational and contrived,” he said.
Justice Coghlan said Acuna told police he had been on speed the night before the incident.
But he said the defence had failed to prove to the jury that Acuna was suffering from a psychiatric illness.
Justice Coghlan said it was unlikely Acuna had been suffering from a schizophrenic episode at the time of the murder.
He said it was more likely that Acuna was suffering from psychosis relating from drug withdrawals.
Following several medical assessments, Justice Coghlan said it was apparent that Acuna didn’t have schizophrenia as previously diagnosed.
“Your mental problems appear to be drug and alcohol related,” he said.
“You surprised your victim and he was unable to defend himself.”
Justice Coghlan said a troubled childhood had led Acuna to a life of drug abuse that had subsequently led to psychosis.
He said Acuna had previously failed to take up the opportunity of rehabilitation under a Community Based Order (CBO) from a previous offence.
Prior to the murder charge, Acuna had 30 convictions to his name with a number of offences including arson and theft charges.
However, Justice Coghlan said Acuna had shown, during his incarceration, the ability to reform with the absence of drugs.
“You have every prospect if you are drug free to be psychosis free,” he said.
Justice Coghlan said Acuna had a good chance of rehabilitation if he stayed away from drugs and alcohol.
He said this case was an entirely cautionary tale for anyone who condones the use of drugs.
