Canberra man Michael O'Connell sentenced to 10 years in jail for manslaughter of partner Danielle Jordan
Michael O'Connell was initially sentenced to 15 years in jail over Danielle Jordan's death, but his murder conviction was thrown out on appeal. (ABC News: Ian Cutmore)
In short:
Canberra man Michael O'Connell has been sentenced to 10 years in jail for the manslaughter of his partner, after his murder conviction was thrown out.
Danielle Jordan died in 2022 after suffering serious head injuries when she fell from the bonnet of O'Connell's car trying to stop him leaving after an argument.
What's next?
O'Connell and the ACT Director of Public Prosecutions have each lodged High Court applications challenging the appeal decision.
A Canberra man has been jailed for 10 years for manslaughter over the death of his partner, after the ACT Court of Appeal overturned his murder conviction.
Michael O'Connell, 45, was originally found guilty of murder by a jury, and sentenced to 15 years in jail.
His partner Danielle Jordan had suffered catastrophic head injuries when she fell from the bonnet of his ute, as she tried to stop him leaving after an argument.
Justice Belinda Baker outlined the events during the re-sentence today.
"The terror caused to the victim in the final moments of her life must have been extreme," Justice Baker said.
The court heard it had been a tumultuous night, with O'Connell going to Ms Jordan's home more than once, including an incident when she grabbed his top to stop him leaving, so he removed the clothes, and dragged her along a corridor because she would not let go.
Distress 'is not remorse'
Justice Baker said O'Connell's culpability was high and he had not shown any remorse.
"The offender does not accept he is responsible for her death,"Justice Baker said.
"It is clear he is distressed by her death, but that is not remorse."
Danielle Jordan suffered catastrophic head injuries after falling from the bonnet of O'Connell's car, and was declared dead two days later. (ABC News: Tahlia Roy)
There was a dispute in the court over where Ms Jordan had been when she fell onto the road, with O'Connell insisting she was on the back of the car.
But all the judges found she was on the front, and that he had driven off knowing she was there.
When Ms Jordan fell, O'Connell rushed her to hospital, lying to staff and later her family telling them she had fallen down stairs.
A 13-year-old girl had been visiting the home at the time, and was a key witness in the case.
She gave evidence that O'Connell had told her to say Ms Jordan had fallen down stairs, but she ignored his request.
O'Connell knew driving put Ms Jordan at risk
The Court of Appeal was asked to consider if the charge of murder was appropriate in the circumstances.
Two of the judges found it was not, finding it was not open to the jury to conclude that O'Connell had the foresight that in those circumstances there was a probability of the victim's death.
The court reserved its decision on what to do for weeks, as it considered if there should be a re-trial or the unusual choice that the alternative charge of manslaughter should be imposed.
The latter was eventually chosen.
Justice Baker said the factual findings on which she based her original sentence had not been changed by the appeal ruling.
But she said O'Connell would now be sentenced on the basis he knew his act of driving with her on the bonnet may have exposed her to serious injury.
Both parties submit High Court appeals
O'Connell has now been sentenced to 10 years in jail with a non-parole period of six and a half years.
But the sentencing may turn out to be academic.
O'Connell's lawyers have already lodged a High Court application, with a separate application also lodged by the ACT's Director of Public Prosecutions.
O'Connell will not be eligible for parole until 2029.