West Australian (Perth, WA : 1879 - 1954), Saturday 1 July 1944, page 6


AMONIO AGOSTINL SENTENCE OF SIX YEARS. "Jury Merciful to You." MELBOURNE. June 30.-Antonio Agostini (41), of Darling Point, Sydney, waiter, who had been found muilty of the manslaughter of his wife, Linda Agostini. was sentenced to six years' imprisonment with hard labour by Mr Justice Lowe in the Third Civil Court today. In passing sentence, His Honour said: "You have been found guilty by a jury after a long and painstaking trial of the crime of manslaughter. In that verdict I think the jury were merciful to you. The jury by that verdict have negatived any intention on your part to kill your wife or to inflict upon her grievous bodily harm. "They have also rejected your account that she was accidentally killed. There remains the barely conceivable case of manslaughter from criminal negligence on your part suggested by me to the jury in an attempt to interpret the closing remarks of your counsel to the jury and the much more probable case of death caused by assault committed by you upon .her. "The first alternative is. I think, so absurd on the evidence before the jury that I do not think the jury could have adopted it. My view of the jury's finding is that they thought that you had been for so long sorely tried by your wife's conduct and had been at the time you attacked her provoked to the limits of your endurance. You then attacked her, inflicting dreadful injuries upon her which caused her death. The weapon you used must have been a heavy one and it must have been used with great violence. Such conduct constitutes a serious crime. "I have considered all that your counsel has urged. I bear in mind the good character which has been testified to by many witnesses and the long time that has elapsed since the crime was committed and - the effect of that lapse of time upon you. Even so, the punishment must be severe. The sentence of this Court is that you be imprisoned for a term of six years with hard labour."