The Incident
2 In May 2001 Mr Cao was 45 years old. The deceased, Karolina Zizius, was 25 years. She was a heroin addict. They had known each other for a number of years. According to the deceased's mother, they had been living together off and on for approximately three years.
3 At about 8.30 am on Sunday 13 May 2001, Mr Cao was telephoned by his friend, Mr Nguyen. Mr Nguyen suggested that they should go to the Flemington Markets. Mr Cao agreed. At approximately 10.00 am, Mr Nguyen and his wife came to Mr Cao's flat in Villawood Road, Villawood. They remained there for about two hours before setting out for the markets. During that time Mrs Nguyen cooked a meal, which they ate. Karolina Zizius remained in the bedroom. She did not come out. Mr Cao told his friends that she was asleep. He later told the police that she had taken heroin at approximately 11.00 am.
4 Mr Cao had two children, Jasmine and Krystal. They were then aged about five years and three years. The children also went to the markets. A number of purchases were made, including a bag of rice by Mr Cao.
5 The group left the markets, arriving at Villawood shortly after 2.00 pm. Mrs Nguyen and Jasmine were dropped at the local shopping centre, which was close by. Mr Cao and Mr Nguyen therefore arrived at the flat a few minutes ahead of Mrs Nguyen and Jasmine, who completed the journey on foot. Mr and Mrs Abbott occupied the flat below. It was Mothers' Day and they were sitting outside on the steps. They saw Mr Cao and Mr Nguyen return.
6 Having entered his flat, Mr Cao began washing the dishes from the morning meal. Mrs Nguyen then arrived and volunteered to complete that task. To this point it was a very ordinary domestic day. Mr Cao left the kitchen. He went to the bedroom which he shared with Karolina.
7 Karolina was awake. There was an argument. The jury accepted, and I therefore find, that Mr Cao took hold of a slim metal rod, which had been part of a television aerial, which he then used as a weapon to strike the deceased. The blow was delivered above the left ear with considerable force, sufficient to penetrate the skull. It entered the brain to a depth of about 3 cms. Karolina Zizius immediately lost consciousness.
8 Thereafter, paradoxically, Mr Cao's actions manifested an extreme concern for the welfare of Karolina. Because his English was limited, he rushed downstairs and presented his mobile phone to Mrs Abbott. He asked her to telephone the emergency number to summon an ambulance. The ambulance, in fact, took some time. Mr Cao ran up and down the stairs, suggesting that the authorities should be rung again.
9 Once the ambulance personnel arrived, Mr Cao was in a state of extreme agitation. He was asked by the ambulance officers, and by others, what had happened. He suggested that Karolina had thrown the aerial at him in the course of their argument. It had struck the door. It had then rebounded and somehow penetrated her skull.
10 It was said by the Crown that this was a false explanation and, indeed, was a deliberate lie told in order to cover up his own guilt. The jury clearly accepted that this was so.
11 What is known about the argument between the deceased and Mr Cao? Mr Cao did not give evidence at the trial. However, he provided the police with a statement. He also participated in an electronic interview. He said, and I accept, that Karolina was upset with him for not having woken her up so that she could go to the markets. She also asked for more heroin. However, there was none.
12 I think it probable that, in the course of the argument, Karolina Zizius broke the aerial, separating the two rods from the plastic base. I also think it probable that she threw part of the aerial at Mr Cao. Mr Cao gave the impression, and I accept, that he retreated from the room, closing the door behind him. There was an indentation consistent with the door having been struck by part of the aerial.
13 Neither Mr Nguyen nor his wife heard raised voices, although they were in adjacent rooms. The Abbotts, likewise, gave no evidence of having heard raised voices. Both Mr and Mrs Abbott said that the interval between Mr Cao's arrival from the markets and his rushing downstairs, asking Mrs Abbott to telephone the ambulance, was about ten minutes. Indeed, it may have been as little as five minutes. Part of that time was spent by Mr Cao in washing up. The argument, therefore, must have been short lived. It follows that the act of Mr Cao in striking Karolina was impulsive, presumably the consequence of a flash of anger. It is not known what caused that anger. The only evidence of anger was that of Karolina towards Mr Cao. However, common sense would suggest that something must have been said or done which provoked in fact (if not in law) Mr Cao.
14 Karolina Zizius was taken to the Liverpool Hospital. She underwent surgery. At first she appeared to make progress. However, she relapsed and died on 22 May 2002.