An 88-year-old man who tried to kill himself and his wife days before they were to be separated because of her worsening dementia has been spared prison by a judge who granted him mercy. Joseph Sugar injected himself and wife Heather with large doses of his medication on a Saturday night in December 2018 at their Hawthorn East aged care home, in the hope of ending their lives peacefully. Mrs Sugar’s health had deteriorated since she was diagnosed with Alzheimer’s in 2013 and she was due to be moved to a specialist ward at an another aged care facility. Mr Sugar woke on the Sunday morning to discover his plan was unsuccessful as both he and his wife of more than 50 years were alive, although she was unconscious. He called for help and later that day was charged with attempted murder, and spent three days in hospital under police guard. On Monday Supreme Court Justice Elizabeth Hollingworth granted Mr Sugar mercy by not sending him to jail. He pleaded guilty and prosecutors did not seek a prison term, citing three similar cases where husbands tried to kill their seriously unwell wives out of mercy, and were all spared jail. “A sentence may be both just and merciful,” Justice Hollingworth said as Mr Sugar listened via an online link. “In the circumstances of this case I am moved to exercise mercy and to impose a non-custodial sentence.” Mrs Sugar, Justice Hollingworth said, watched her own parents suffer and die from Alzheimer’s and dementia and had told her family she wanted to be “put out of her misery” to avoid a similar fate. The couple’s son, David, and daughter, Audrey, told the court this month their mother was a loving, intelligent, funny, active and resourceful woman until Alzheimer’s robbed her of her dignity, and that her marriage to their father was a loving, supportive one. The couple spent much of their working lives running hotels in Victoria and NSW. Justice Hollingworth told Mr Sugar, “They are immensely sad that, exhausted from the great stress of caring for Heather yourself, and fearing that you would be separated from her when you moved into the new aged care facility, you decided that the only option was to end things peacefully for both of you.” Mrs Sugar, 75, is now being treated in a specialist ward. Her husband can only visit under supervision, which, Justice Hollingworth said, caused him distress. The judge said Mr Sugar’s guilty plea spared the time and stress of a trial. She acknowledged he had never been in trouble with the police before. Mr Sugar was put on a two-year good behaviour bond. Justice Hollingworth said she would have jailed Mr Sugar for three years had he pleaded not guilty and been found guilty at trial. A conviction was warranted, she said, given the seriousness of the offence and to deter others from similar offending. The Sugar family, the judge said, “just want the nightmare of these criminal proceedings to be over, so that the family can spend what little remaining time they have together”.
June 16, 2020
A s.394 (Unfair dismissal) claim by Julie Whiteside against the Pancare Foundation has been rejected by Fair Work Commissioner Lee in Melbourne on 15 June 2020. The case summary: “Application for unfair dismissal remedy – jurisdiction – whether Respondent was a small business at the time of the dismissal – whether Applicant had completed the minimum employment period at the time of dismissal – satisfied that Respondent was a small business at time of dismissal – not satisfied the Applicant had completed the minimum employment period at the time of dismissal. Jurisdictional objection upheld. Application dismissed.”
June 15, 2020
Warrigal will face a s.739 (Application to deal with a dispute) before Commissioner Riordan by telephone in Sydney (Brennan).
June 15, 2020
An application for variation of the Anyinginyi Health Aboriginal Corporation Enterprise Agreement 2017-2020 (s.210 – Application for approval of a variation of an enterprise agreement) will be ruled upon by Commissioner McKinnon (by telephone) in Melbourne.
June 15, 2020
The Bethanie Group Inc will defend a s.365 (Application to deal with contraventions involving dismissal) today before Deputy President Young by telephone in Melbourne (Flamenco).
June 12, 2020
A s.222 (Enterprise agreement) application from Country North Community Services Incorporated T/A SA Country Carers to terminate the Country North Community Services Incorporated Enterprise Agreement 2016 has been agreed by Fair Work Commissioner Platt in Adelaide on 19 June 2020.
June 12, 2020
A s.739 (Dispute resolution) application from Erina Obodin against Ozcare Pty Ltd T/A Ozcare has been rejected by Fair Work Commissioner Simpson in Brisbane on 10 June 2020.
June 11, 2020
Mackillop Family Services is to face a s.394 (application for unfair dismissal remedy) in front of Deputy President Gostencnik (by telephone) in Melbourne (Dhazurume)
