# Accused American "honeymoon scuba" killer pleads guilty to manslaughter **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [June 5, 2009, 1:35am UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761 "2009-06-05T01:35:17Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Cunctator](https://avatars.discourse-cdn.com/v4/letter/c/43a26b/32.png) [@Cunctator](https://boards.straightdope.com/u/Cunctator)\ **Post date:** [June 5, 2009, 1:35am UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/1 "2009-06-05T01:35:17Z")
Interesting developments in the “honeymoon dive murder” case: [previous thread](http://boards.straightdope.com/sdmb/showthread.php?t=517414&highlight=queensland). The accused returned voluntarily to Queensland. This morning [the Crown accepted his guilty plea to a lesser charge of manslaughter.](http://www.smh.com.au/national/great-barrier-reef-death-scuba-diver-admits-drowning-wife-20090605-bxrt.html) ---
**Author:** ![lavenderviolet](https://avatars.discourse-cdn.com/v4/letter/l/cdc98d/32.png) [@lavenderviolet](https://boards.straightdope.com/u/lavenderviolet)\ **Post date:** [June 5, 2009, 1:52am UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/2 "2009-06-05T01:52:15Z")
Hm. I wonder how much time he’ll wind up serving for this. ---
**Author:** ![Ale](https://avatars.discourse-cdn.com/v4/letter/a/f19dbf/32.png) [@Ale](https://boards.straightdope.com/u/Ale)\ **Post date:** [June 5, 2009, 5:14am UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/3 "2009-06-05T05:14:19Z")
I have to say that my knuckle dragging alter ego would like to see this guy waterboarded a few times so he’ll go through a fraction of the terror and pain that poor woman had to suffer… But I’d be cool with him rotting in jail for the rest of his miserable existence. ---
**Author:** ![lavenderviolet](https://avatars.discourse-cdn.com/v4/letter/l/cdc98d/32.png) [@lavenderviolet](https://boards.straightdope.com/u/lavenderviolet)\ **Post date:** [June 5, 2009, 5:32am UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/4 "2009-06-05T05:32:51Z")
Yeah, I think this guy must be very cold-blooded to be able to do that to his wife. ☹ Unfortunately I’d be very surprised if he winds up getting what he deserves with “manslaughter”. ---
**Author:** ![Cunctator](https://avatars.discourse-cdn.com/v4/letter/c/43a26b/32.png) [@Cunctator](https://boards.straightdope.com/u/Cunctator)\ **Post date:** [June 5, 2009, 5:56am UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/5 "2009-06-05T05:56:28Z")
> [@lavenderviolet](#): > > Hm. I wonder how much time he’ll wind up serving for this. Not very much it appears. The prosecutor sought a five year term, with a minimum of eighteen months. The judge handed down a sentence of four and a half years, to be suspended after twelve months. So he’ll be in gaol for just one year, before being deported bank to the USA: [link](http://www.smh.com.au/national/great-barrier-reef-death-scuba-diver-admits-letting-wife-drown-20090605-bxrt.html) ---
**Author:** ![lavenderviolet](https://avatars.discourse-cdn.com/v4/letter/l/cdc98d/32.png) [@lavenderviolet](https://boards.straightdope.com/u/lavenderviolet)\ **Post date:** [June 6, 2009, 5:12pm UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/6 "2009-06-06T17:12:22Z")
Only a year in prison? That’s even worse than I was expecting. If I were one of her relatives I’d probably be furious that her life is not considered worth any more than that. ---
**Author:** ![alphaboi867](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/alphaboi867/32/3898_2.png) [@alphaboi867](https://boards.straightdope.com/u/alphaboi867)\ **Post date:** [June 6, 2009, 8:53pm UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/7 "2009-06-06T20:53:53Z")
Is the Crown allowed to appeal the sentence in Queensland? ---
**Author:** ![Kyla](https://avatars.discourse-cdn.com/v4/letter/k/eada6e/32.png) [@Kyla](https://boards.straightdope.com/u/Kyla)\ **Post date:** [June 6, 2009, 9:20pm UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/8 "2009-06-06T21:20:21Z")
Wait, what? This guy let his wife drown and gets _one year_ in prison? I don’t think of myself as a very vengeance-y kind of person, but this strikes me as outrageous. ---
**Author:** ![Cunctator](https://avatars.discourse-cdn.com/v4/letter/c/43a26b/32.png) [@Cunctator](https://boards.straightdope.com/u/Cunctator)\ **Post date:** [June 7, 2009, 3:53am UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/9 "2009-06-07T03:53:16Z")
> [@alphaboi867](#): > > Is the Crown allowed to appeal the sentence in Queensland? [The Queensland Attorney-General is considering an appeal against the leniency of the sentence.](http://www.news.com.au/story/0,27574,25600048-29277,00.html) The Alabama Attorney-General is getting in on the act too. ---
**Author:** ![enipla](https://avatars.discourse-cdn.com/v4/letter/e/54ee81/32.png) [@enipla](https://boards.straightdope.com/u/enipla)\ **Post date:** [June 7, 2009, 1:16pm UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/10 "2009-06-07T13:16:56Z")
> [@Kyla](#): > > Wait, what? This guy let his wife drown and gets _one year_ in prison? I don’t think of myself as a very vengeance-y kind of person, but this strikes me as outrageous. I thought that he turned off her air. And then let her drown. A deliberate act. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [June 7, 2009, 1:58pm UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/11 "2009-06-07T13:58:03Z")
That’s what the Coroner concluded, but Coroners don’t typically operate on proof beyond a reasonable doubt. The accused appears to have argued that he saw her in trouble and panicked. Since the only two who know what happened were the accused and the deceased, there’s a major evidential issue. I’m assuming that’s why the Crown agreed to take the plea to manslaughter. ---
**Author:** ![Zebra](https://avatars.discourse-cdn.com/v4/letter/z/c0e974/32.png) [@Zebra](https://boards.straightdope.com/u/Zebra)\ **Post date:** [June 7, 2009, 2:50pm UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/12 "2009-06-07T14:50:51Z")
What is the definition of manslaughter by Australian rules? ---
**Author:** ![lavenderviolet](https://avatars.discourse-cdn.com/v4/letter/l/cdc98d/32.png) [@lavenderviolet](https://boards.straightdope.com/u/lavenderviolet)\ **Post date:** [June 7, 2009, 5:58pm UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/13 "2009-06-07T17:58:01Z")
Even if the coroner’s findings alone were not enough, I’d think that the testimony from her family that the husband had tried to get her to make him the sole beneficiary of her life insurance, that he left her to “go get help” even though he was trained in dive rescue himself, _and_ also test results that showed her diving equipment was working would be enough to build a case for murder. I don’t think that one year in jail is really much better than if he had been tried for murder then found not guilty. ---
**Author:** ![Cunctator](https://avatars.discourse-cdn.com/v4/letter/c/43a26b/32.png) [@Cunctator](https://boards.straightdope.com/u/Cunctator)\ **Post date:** [June 7, 2009, 10:49pm UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/14 "2009-06-07T22:49:40Z")
> [@Northern\_Piper](#): > > That’s what the Coroner concluded, but Coroners don’t typically operate on proof beyond a reasonable doubt. The accused appears to have argued that he saw her in trouble and panicked. Since the only two who know what happened were the accused and the deceased, there’s a major evidential issue. I’m assuming that’s why the Crown agreed to take the plea to manslaughter. I don’t think that’s been publicly stated, but it would be my guess too. ---
**Author:** ![Cunctator](https://avatars.discourse-cdn.com/v4/letter/c/43a26b/32.png) [@Cunctator](https://boards.straightdope.com/u/Cunctator)\ **Post date:** [June 7, 2009, 11:14pm UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/15 "2009-06-07T23:14:00Z")
> [@Zebra](#): > > What is the definition of manslaughter by Australian rules? The relevant legislation is the \*Criminal Code Act \*1899 (Qld). It describes two types of unlawful killing: > [@](#): > > 300 \*\*Unlawful homicide \*\* > Any person who unlawfully kills another is guilty of a crime, which is called murder or manslaughter, according to the circumstances of the case. Then it goes on to define murder, basically in terms of means and intent: > [@](#): > > 302 \*\*Definition of murder \*\*(1) Except as hereinafter set forth, a person who unlawfully kills another under any of the following circumstances, that is to say– > > (a) if the offender intends to cause the death of the person killed or that of some other person or if the offender intends to do to the person killed or to some other person some grievous bodily harm; > (b) if death is caused by means of an act done in the prosecution of an unlawful purpose, which act is of such a nature as to be likely to endanger human life; > (c) if the offender intends to do grievous bodily harm to some person for the purpose of facilitating the commission of a crime which is such that the offender may be arrested without warrant, or for the purpose of facilitating the flight of an offender who has committed or attempted to commit any such crime; > (d) if death is caused by administering any stupefying or overpowering thing for either of the purposes mentioned in paragraph (c); > (e) if death is caused by wilfully stopping the breath of any person for either of such purposes; > is guilty of murder. > > (2) Under subsection (1)(a) it is immaterial that the offender did not intend to hurt the particular person who is killed. > > (3) Under subsection (1)(b) it is immaterial that the offender did not intend to hurt any person. > > (4) Under subsection (1)(c) to (e) it is immaterial that the offender did not intend to cause death or did not know that death was likely to result. Finally it defines any unlawful killing that is \*\*not \*\*murder as manslaughter: > [@](#): > > 303 \*\*Definition of manslaughter \*\*A person who unlawfully kills another under such circumstances as not to constitute murder is guilty of manslaughter. ---
**Author:** ![Cunctator](https://avatars.discourse-cdn.com/v4/letter/c/43a26b/32.png) [@Cunctator](https://boards.straightdope.com/u/Cunctator)\ **Post date:** [June 9, 2009, 7:11am UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/16 "2009-06-09T07:11:06Z")
> [@Northern\_Piper](#): > > Since the only two who know what happened were the accused and the deceased, there’s a major evidential issue. I’m assuming that’s why the Crown agreed to take the plea to manslaughter. The DPP, Tony Moynihan, has now [confirmed this](http://www.news.com.au/story/0,27574,25609997-401,00.html): > [@](#): > > Mr Moynihan said that “given the complex circumstantial nature of the case, Mr Watson’s admission that he breached his duty to render assistance to his wife ultimately meant there was no reasonable prospect of proving, beyond a reasonable doubt, that he was guilty of murder”. ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [June 10, 2009, 3:51am UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/17 "2009-06-10T03:51:58Z")
> [@](#): > > Tony Moynihan S.C. today said … is S.C. the Queensland / Australian equivalent of Q.C., **Cunctator**? ---
**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\ **Post date:** [June 10, 2009, 3:56am UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/18 "2009-06-10T03:56:02Z")
> [@lavenderviolet](#): > > Even if the coroner’s findings alone were not enough, I’d think that the testimony from her family that the husband had tried to get her to make him the sole beneficiary of her life insurance, that he left her to “go get help” even though he was trained in dive rescue himself, _and_ also test results that showed her diving equipment was working would be enough to build a case for murder. Strikes me as all pretty circumstantial: - spouses often make each other the beneficiaries of their life insurance policies; - he apparently says that he panicked; - even if it was functioning, it’s possible that the deceased or the accused accidentally turned it off. > [@](#): > > I don’t think that one year in jail is really much better than if he had been tried for murder then found not guilty. A point of debate, of course, but criminal records have a habit of following one around. Outright acquittal means no record. I agree that it seems low; I’ll be curious to see if the Crown does appeal and if so, what happens. ---
**Author:** ![Princhester](https://avatars.discourse-cdn.com/v4/letter/p/3e96dc/32.png) [@Princhester](https://boards.straightdope.com/u/Princhester)\ **Post date:** [June 10, 2009, 4:00am UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/19 "2009-06-10T04:00:04Z")
> [@Northern\_Piper](#): > > is S.C. the Queensland / Australian equivalent of Q.C., **Cunctator**? It has replaced QC. It stands for “Senior Counsel”. ---
**Author:** ![Cunctator](https://avatars.discourse-cdn.com/v4/letter/c/43a26b/32.png) [@Cunctator](https://boards.straightdope.com/u/Cunctator)\ **Post date:** [June 10, 2009, 4:19am UTC](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761/20 "2009-06-10T04:19:25Z")
> [@Northern\_Piper](#): > > is S.C. the Queensland / Australian equivalent of Q.C., **Cunctator**? As \*\*Princhester \*\*notes, SC has replaced QC in most jurisdictions. However those barristers who were originally granted the QC title are allowed to retain it. It retains a certain cachet. [Next page](https://boards.straightdope.com/t/accused-american-honeymoon-scuba-killer-pleads-guilty-to-manslaughter/498761.md?page=2)