Prosecutors have requested a longer prison sentence for 45-year-old James William Pualic, arguing that his current sentence of 24 years and six months is insufficient. However, the Victorian Court of Appeal has rejected this appeal, stating that while the sentence may be lenient, it remains within acceptable limits.
Pualic has confessed to breaking into Analyn “Logee” Osias’ home in central Victoria on the night of October 29, 2023, while she and her young daughters were asleep. In a brutal attack, he dragged Osias from her bed, assaulted her violently, and ultimately fatally stabbed her. One of her children witnessed the horrific event and attempted to intervene, but Pualic disregarded her plea for mercy, referring to Osias in a derogatory manner before fleeing the scene. Despite the girl’s call for emergency assistance, paramedics were unable to save Osias upon arrival.
The judge overseeing the case characterised the attack as exceptionally brutal, highlighting Pualic’s blatant violation of a family violence intervention order that had been established to protect Osias. Nevertheless, Pualic’s early guilty plea, expressions of remorse, identified mental health issues, and prospects for rehabilitation were taken into account during sentencing.
During the appeal process, prosecutors contended that the judge failed to adequately prioritise community protection, denunciation of Pualic’s actions, and appropriate punishment. They argued that his mitigating circumstances did not justify a sentence below the statutory minimum for murder, which is 25 years.
However, justices Karin Emerton, Maree Kennedy, and Rowena Orr found that the sentencing judge had properly considered all relevant factors when handing down Pualic’s sentence. While the panel acknowledged that the sentence should have highlighted the severity of the crime and condemned Pualic’s actions, they also noted that his early guilty plea and mental health conditions merited a degree of leniency.
Ultimately, the justices concluded that while the sentence imposed could be viewed as lenient, it was not excessively so, noting that it fell within a permissible range of sentences. The appeal was dismissed, allowing Pualic to be eligible for parole after serving 19 years.
Support for those affected by domestic violence can be accessed through the National Sexual Assault, Domestic and Family Violence Counselling Service at 1800RESPECT (1800 737 732).