Dante Arthurs
Encyclopedia
Dante Wyndham Arthurs from Perth
, Western Australia
, was 21 years old when he was charged on the 27th of June 2006, with the Wilful Murder, Sexual Penetration and Unlawful Detention of 8 year old school girl Sofia Rodriguez Urrutia-Shu. On the 17th of November of 2007, Arthurs pleaded guilty to the charges of murder
and unlawful detention and convicted in the Supreme Court of Western Australia, sentenced to life imprisonment with a non parole period of 13 years. He is currently in detention at the maximum security Casuarina Prison
in Western Australia and will not be eligible for release until 2019. Many areas of the Western Australian and Australian community debated the re-introduction of the death penalty due to the great emotion evoked by Sofias' murder. The last person hanged in Western Australia was in 1964 and the death penalty was repealed in that state in 1984.
Sofias' family, having waited only a few moments, became concerned and Sofias' 14 year old brother was sent to look for her. He called for her at the door of the female toilet but not getting a response walked back along the corridor. He heard movement coming from the disabled cubicle and knocked on the locked door calling Sofias' name. There was no response. Sofias' brother, uncle and younger sister then began a search of the centre. A few minutes later, her brother again returned to the disabled toilet cubicle and opened the now unlocked door. It was at this time, only 10 minutes after Sofia left her family that her brother found Sofias' naked and lifeless body lying on the cubicle floor. Sofia was dead. An search of the shopping centre failed to locate an offender, to which the entire centre was closed and declared a crime scene.
It was alleged by prosecutors that the assault on Sofia only lasted a few minutes, but the ferocity of the attack on the 8 year old was described as "the worst of its type". At a young age, Arthurs was diagnosed with Asperger Syndrome
and as such, he offered little explanation for his actions in the toilet cubicle and failed to understand and accept responsibility for what had occurred. Arguments were made against the severity of his Asperger Syndrome by prosecutors, due to the evidence gathered by pathologists as to the cause of death and severity of Sofias' injuries, compared to the explanation given by Arthurs as to how those injuries and her death had occurred.
In his attempts to restrain Sofia after she had been dragged into the toilet cubicle, her limbs were contorted so severely that both her legs were broken and her left arm was dislocated as Arthurs removed her clothing. Sofia was a small, petite girl for her age and was no match for the 180cm and 90kg Arthurs. Sofias' throat was also severely compressed and her larynx was crushed as Arthurs attempted to muffle her cries. The cause of death was given to be a direct result of strangulation. In his interview with police, Arthurs admitted to digitally penetrating Sofia, however it could not be determined whether this had occurred prior to or after Sofias' death. During the attack, which was estimated to have lasted between only 3 to 5 minutes, Sofias' brother knocked on the door of the cubicle having heard movement coming from inside whilst searching for his sister. Though Arthurs made admissions to hearing the knock on the door and a name being called, he (nor Police) could identify whether Sofia was still alive at that time. Sofia was left naked and dead or dying on the floor as Arthurs made his escape.
Initial investigations at the shopping centre identified a few possible suspects. One in particular was 21 year old Dante Wyndham Arthurs, who was employed as a fruit and vegetable packer at the shopping centre. Arthurs was known to local detectives as a result of a sexual assault on a 8 year old girl in the same area 3 years earlier. Police remained at the crime scene well into the early morning and at 5:00am the day after Sofias' body was discovered, they attended the home of Arthurs who lived with his parents only a few hundred metres from the shopping centre. After a search of his home, Arthurs was arrested and later charged with Wilful Murder, 2 counts of Sexual Penetration of a Child and Deprevation of Liberty.
murders in the 1980's. Western Australia Police were required to quash strong rumours that Arthurs was one of the child murderers convicted for the Murder of James Bulger
in the United Kingdom
in 1993. It was alleged that Arthurs was in fact Robert Thompson
, who at the age of 10 years old was convicted of Bulgers murder, given a new identity and then transported to Australia. Information was revealed publicly by Western Australia and Australian Federal Police that Arthurs was not Thompson and the rumour gathered no more momentum.
On 29 June 2006, the British High Commission in Canberra issued a media release stating "There is no connection between the man arrested in Western Australia and the individuals involved in the James Bulger case."
Further controversy arose when information was revealed in the local media that Arthurs had been investigated for a sexual assault 3 years earlier in 2003, against another 8 year old girl. It was outlined in media reports and later confirmed by Western Australia Police
Commissioner Karl O'Callaghan and the Department of Public Prosecutions, that Arthurs was in fact arrested for the assault, however charges were dropped due to insufficient evidence and incorrect police interviewing techniques. At the time of Sofias' murder in 2006, the 2003 assault was re-opened to identify any possible links.
It was then identified that the shorts worn by Arthurs in the 2003 assault had traces of the victims blood on them that wasn't noticed during the 2003 investigation. Western Australia Police received public condemnation for failing to have the shorts forensically examined, which could have secured the conviction of Arthurs for the 2003 assault and therefore could have avoided Sofias' murder. It was also confirmed that after the 2003 assault, the Department of Public Prosecutions refused to consider charges against Arthurs because they considered that the police had been too robust in interviewing him and that a conviction was unlikely to be obtained. Though Sofias' family were frustrated by this discovery, they publicly supported the police and understood that a successful conviction against Arthurs (if in fact it did occur) in 2003, would not have guaranteed their daughter would still be alive today.
On the 7th of March 2007, after extensive psychological testing and discussions between prosecutors and Arthurs defence counsel, Arthurs was required to enter a plea to the charges of Wilful Murder, 2 counts of Sexual Penetration of a Child and Unlawful Detention. He pleaded not guilty to all 4 charges and was remanded in custody. On 31 August 2007, Justice Peter Blaxell ruled that the bulk of the admissions made by Arthurs in a video recorded interview with police on the morning after the offence, would be inadmissible at his trial on ground of "persistent importunity, or sustained or undue insistence or pressure".
On 31 July 2007, Chief Justice
Wayne Martin
ruled that Arthurs receive a bench trial
. Martin said that the "extensive, continuous and in some respects extraordinary" pre-trial media coverage, the circumstances of the offence and the fact that a judge would provide reasons for his or her decision supported a trial by judge alone. Hence it was agreed that Arthurs would be heard by a Judge alone and not a jury. In the mean time, discussions continued with the Department of Public Prosecutions and Arthurs lawyers regarding his plea status. In August of 2007, Arthurs and prosecutors entered into an agreement that would see Arthurs plead guilty to the lesser charge of Murder, instead of the current charge of Wilful Murder. On 17 September 2007, Arthurs pleaded guilty in the Supreme Court to charges of Murder and Unlawful Detention. The two counts of Sexual Penetration of a Child under the age of 10 were withdrawn because forensic analysis could not conclude if Sofia had been sexually assaulted before or after she died.
On 7 November 2007, Arthurs was sentenced to life in prison with a non-parole
period of 13 years. He was also sentenced to two years for depriving Sofia of her liberty. Describing Arthurs' crimes as 'so evil
they shock the public conscience
,' Justice John McKechnie also advised Arthurs of the possibility that he may never be released as the release of offenders sentenced to life imprisonment must be signed off by the Western Australian Attorney-General.
New Western Australian Attorney-General Christian Porter has since revoked Arthurs' non-parole period, making him one of three Western Australians to have their papers marked "never to be released".
Sofias' small school community was devastated by her murder and set about to raise funds for a memorial to her at the school, which was the Mater Christi Catholic Primary School in Yangebup, Western Australia. Over a quarter of a million dollars was raised locally at the school for a memorial to Sofia and all Western Australian Children who have had their lives stolen by criminals. The Chapel of the Innocents was constructed in 2008 and remains the resting place of Sofias' ashes.
Changes to Legislation
After Sofia was murdered, Police were restricted in their ability to charge Arthurs with Wilful Murder, because it could not be proved it was his intention to murder Sofia. Wilful Murder, which carried a term of life imprisonment with a non porole period of 15 years (minimum) to 19 years (maximum) at the time, was the highest charge that could be preferred for the taking of a life. Instead, Arthurs had to be charged and convicted with the lesser offence of Murder, which excluded the element of intent. This still carried a penalty of life imprisonment, however the non parole periods were 7 years (minimum) to 14 years (maximum). Realistically, for one of the most horrific crimes in Western Australia for decades, Arthurs could possibly spend only 7 years in jail. This caused a massive public outcry and a demand was made to force a change to the laws for murder in Western Australia.
Through the then Attorney General
Jim McGinty
, Sofias' family and their many supporters petitioned the Government to have the laws changed to reflect more clearly the seriousness of the crimes committed. As a result, the charges of Wilful Murder and Murder were repealed and a single charge of Murder was created to include more severe penalty options. Though distinction between an intent to murder and non intent were still included, the sentencing considerations were dramatically altered. The new legislation calls for an ability to impose a "Never to be Released" clause as well as a change in the minimum sentence that can be imposed before release on parole can be considered. For Murder with intent the minimum sentence is 20 years and for Murder without a proved intent (Manslaughter) it is 15 years. Though Arthurs could not be retrospectively convicted under the new legislation, the legacy of Sofias' murder would ensure no-one again in Western Australia would receive such a potentially lenient sentence as a result of such a horrific crime.
Sex Offender Register
In addition to the changes to murder legislation, Sofias' family have worked tirelessly over the years since her murder to have the Western Australian Government introduce a Public Sex Offender Register. This would see the names and suburbs (not address) of convicted sex offenders being made available to the public. Though public support was very strong for such a register, the government has continued to stall on the legislation due to the concerns such legislation could cause to the safety of known sex offenders. Police in particular continue to show concerns for the fear of vigilante
attacks against sex offenders who have been released after serving their time in jail. The topic continues to be debated within the Western Australian Parliament, and up until late 2010, the legislation is still yet to be considered.
Perth, Western Australia
Perth is the capital and largest city of the Australian state of Western Australia and the fourth most populous city in Australia. The Perth metropolitan area has an estimated population of almost 1,700,000....
, Western Australia
Western Australia
Western Australia is a state of Australia, occupying the entire western third of the Australian continent. It is bounded by the Indian Ocean to the north and west, the Great Australian Bight and Indian Ocean to the south, the Northern Territory to the north-east and South Australia to the south-east...
, was 21 years old when he was charged on the 27th of June 2006, with the Wilful Murder, Sexual Penetration and Unlawful Detention of 8 year old school girl Sofia Rodriguez Urrutia-Shu. On the 17th of November of 2007, Arthurs pleaded guilty to the charges of murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
and unlawful detention and convicted in the Supreme Court of Western Australia, sentenced to life imprisonment with a non parole period of 13 years. He is currently in detention at the maximum security Casuarina Prison
Casuarina Prison
Casuarina Prison is the main maximum security prison for Western Australia, located near Perth. The prison accommodates minimum, medium and maximum security prisoners and was opened in 1991 to replace Fremantle Prison...
in Western Australia and will not be eligible for release until 2019. Many areas of the Western Australian and Australian community debated the re-introduction of the death penalty due to the great emotion evoked by Sofias' murder. The last person hanged in Western Australia was in 1964 and the death penalty was repealed in that state in 1984.
History
At 4:00pm on the 26th of June 2006, Sofia Rodriguez Urrutia-Shu was at the Livingston Shopping Centre in Canning Vale, Western Australia with her uncle, sister and brother. Whilst her family waited in the main area of the shopping centre, Sofia went down a central corridor to go to the toilet. Unknown to Sofia, or her family, Arthurs an employee at the shopping centre, observed Sofia walking down the corridor and followed her. After Sofia exited the female toilets, Arthurs grabbed her from behind and dragged her into the near by disabled toilet cubicle and locked the door.Sofias' family, having waited only a few moments, became concerned and Sofias' 14 year old brother was sent to look for her. He called for her at the door of the female toilet but not getting a response walked back along the corridor. He heard movement coming from the disabled cubicle and knocked on the locked door calling Sofias' name. There was no response. Sofias' brother, uncle and younger sister then began a search of the centre. A few minutes later, her brother again returned to the disabled toilet cubicle and opened the now unlocked door. It was at this time, only 10 minutes after Sofia left her family that her brother found Sofias' naked and lifeless body lying on the cubicle floor. Sofia was dead. An search of the shopping centre failed to locate an offender, to which the entire centre was closed and declared a crime scene.
It was alleged by prosecutors that the assault on Sofia only lasted a few minutes, but the ferocity of the attack on the 8 year old was described as "the worst of its type". At a young age, Arthurs was diagnosed with Asperger Syndrome
Asperger syndrome
Asperger's syndrome that is characterized by significant difficulties in social interaction, alongside restricted and repetitive patterns of behavior and interests. It differs from other autism spectrum disorders by its relative preservation of linguistic and cognitive development...
and as such, he offered little explanation for his actions in the toilet cubicle and failed to understand and accept responsibility for what had occurred. Arguments were made against the severity of his Asperger Syndrome by prosecutors, due to the evidence gathered by pathologists as to the cause of death and severity of Sofias' injuries, compared to the explanation given by Arthurs as to how those injuries and her death had occurred.
In his attempts to restrain Sofia after she had been dragged into the toilet cubicle, her limbs were contorted so severely that both her legs were broken and her left arm was dislocated as Arthurs removed her clothing. Sofia was a small, petite girl for her age and was no match for the 180cm and 90kg Arthurs. Sofias' throat was also severely compressed and her larynx was crushed as Arthurs attempted to muffle her cries. The cause of death was given to be a direct result of strangulation. In his interview with police, Arthurs admitted to digitally penetrating Sofia, however it could not be determined whether this had occurred prior to or after Sofias' death. During the attack, which was estimated to have lasted between only 3 to 5 minutes, Sofias' brother knocked on the door of the cubicle having heard movement coming from inside whilst searching for his sister. Though Arthurs made admissions to hearing the knock on the door and a name being called, he (nor Police) could identify whether Sofia was still alive at that time. Sofia was left naked and dead or dying on the floor as Arthurs made his escape.
Initial investigations at the shopping centre identified a few possible suspects. One in particular was 21 year old Dante Wyndham Arthurs, who was employed as a fruit and vegetable packer at the shopping centre. Arthurs was known to local detectives as a result of a sexual assault on a 8 year old girl in the same area 3 years earlier. Police remained at the crime scene well into the early morning and at 5:00am the day after Sofias' body was discovered, they attended the home of Arthurs who lived with his parents only a few hundred metres from the shopping centre. After a search of his home, Arthurs was arrested and later charged with Wilful Murder, 2 counts of Sexual Penetration of a Child and Deprevation of Liberty.
Legal Controversy
Once the news of Sofia's murder spread and information about her alleged killer was revealed, media organisations locally, nationally and internationally took great interest. The crime was described in many news reports as the most horrific murder in Western Australia since the David and Catherine BirnieDavid and Catherine Birnie
David John Birnie and Catherine Margaret Birnie were an Australian couple who were serial killers. They murdered four women ranging in age from 15 to 31 in their home in the 1980s, and attempted to murder a fifth...
murders in the 1980's. Western Australia Police were required to quash strong rumours that Arthurs was one of the child murderers convicted for the Murder of James Bulger
Murder of James Bulger
James Patrick Bulger was a boy from Kirkby, England, who was murdered on 12 February 1993, when aged two. He was abducted, tortured and murdered by two ten-year-old boys, Robert Thompson and Jon Venables .Bulger disappeared from the New Strand Shopping Centre in Bootle, near Liverpool, while...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
in 1993. It was alleged that Arthurs was in fact Robert Thompson
Robert Thompson
Robert or Bob Thompson may refer to:*Bob Thompson , American orchestra leader, arranger, composer*Bob Thompson , American figurative painter*Bob Thompson , British producer and writer...
, who at the age of 10 years old was convicted of Bulgers murder, given a new identity and then transported to Australia. Information was revealed publicly by Western Australia and Australian Federal Police that Arthurs was not Thompson and the rumour gathered no more momentum.
On 29 June 2006, the British High Commission in Canberra issued a media release stating "There is no connection between the man arrested in Western Australia and the individuals involved in the James Bulger case."
Further controversy arose when information was revealed in the local media that Arthurs had been investigated for a sexual assault 3 years earlier in 2003, against another 8 year old girl. It was outlined in media reports and later confirmed by Western Australia Police
Western Australia Police
The Western Australia Police services an area of 2.5 million square kilometres, the world's largest non-federated area of jurisdiction. In 2008, its 7,526 employees included 5,647 police officers.-History:-Early history:...
Commissioner Karl O'Callaghan and the Department of Public Prosecutions, that Arthurs was in fact arrested for the assault, however charges were dropped due to insufficient evidence and incorrect police interviewing techniques. At the time of Sofias' murder in 2006, the 2003 assault was re-opened to identify any possible links.
It was then identified that the shorts worn by Arthurs in the 2003 assault had traces of the victims blood on them that wasn't noticed during the 2003 investigation. Western Australia Police received public condemnation for failing to have the shorts forensically examined, which could have secured the conviction of Arthurs for the 2003 assault and therefore could have avoided Sofias' murder. It was also confirmed that after the 2003 assault, the Department of Public Prosecutions refused to consider charges against Arthurs because they considered that the police had been too robust in interviewing him and that a conviction was unlikely to be obtained. Though Sofias' family were frustrated by this discovery, they publicly supported the police and understood that a successful conviction against Arthurs (if in fact it did occur) in 2003, would not have guaranteed their daughter would still be alive today.
Legal proceedings
Sofias' family were devastated by their daughters' horrific murder and could not face the prospect of the court process. They were unable to attend any of the proceedings and so were represented by 2 members of their Mater Christi Catholic Primary School Parish, a small school that Sofia attended in the Western Australian suburb of Yangebup. Head Priest at the Parish, Father Bryan Rosling took up the families struggle to deal with the massive media attention the murder had raised and Paul Litherland, a Western Australian Police officer and a parent of one of Sofias' schoolmates represented the family and set up fund raising events.On the 7th of March 2007, after extensive psychological testing and discussions between prosecutors and Arthurs defence counsel, Arthurs was required to enter a plea to the charges of Wilful Murder, 2 counts of Sexual Penetration of a Child and Unlawful Detention. He pleaded not guilty to all 4 charges and was remanded in custody. On 31 August 2007, Justice Peter Blaxell ruled that the bulk of the admissions made by Arthurs in a video recorded interview with police on the morning after the offence, would be inadmissible at his trial on ground of "persistent importunity, or sustained or undue insistence or pressure".
On 31 July 2007, Chief Justice
Chief Justice of Western Australia
The Chief Justice of Western Australia is the senior judge of the Supreme Court of Western Australia and the highest ranking judicial officer in the Australian state of Western Australia. The Chief Justice is both the judicial head of the Supreme Court as well as the administrative head...
Wayne Martin
Wayne Martin
Wayne Stewart Martin QC is the current Chief Justice of Western Australia. He was formally appointed on 4 April 2006.-Education:...
ruled that Arthurs receive a bench trial
Bench trial
A bench trial is a trial held before a judge sitting without a jury. The term is chiefly used in common law jurisdictions to describe exceptions from jury trial, as most other legal systems do not use juries to any great extent....
. Martin said that the "extensive, continuous and in some respects extraordinary" pre-trial media coverage, the circumstances of the offence and the fact that a judge would provide reasons for his or her decision supported a trial by judge alone. Hence it was agreed that Arthurs would be heard by a Judge alone and not a jury. In the mean time, discussions continued with the Department of Public Prosecutions and Arthurs lawyers regarding his plea status. In August of 2007, Arthurs and prosecutors entered into an agreement that would see Arthurs plead guilty to the lesser charge of Murder, instead of the current charge of Wilful Murder. On 17 September 2007, Arthurs pleaded guilty in the Supreme Court to charges of Murder and Unlawful Detention. The two counts of Sexual Penetration of a Child under the age of 10 were withdrawn because forensic analysis could not conclude if Sofia had been sexually assaulted before or after she died.
On 7 November 2007, Arthurs was sentenced to life in prison with a non-parole
Parole
Parole may have different meanings depending on the field and judiciary system. All of the meanings originated from the French parole . Following its use in late-resurrected Anglo-French chivalric practice, the term became associated with the release of prisoners based on prisoners giving their...
period of 13 years. He was also sentenced to two years for depriving Sofia of her liberty. Describing Arthurs' crimes as 'so evil
Evil
Evil is the violation of, or intent to violate, some moral code. Evil is usually seen as the dualistic opposite of good. Definitions of evil vary along with analysis of its root motive causes, however general actions commonly considered evil include: conscious and deliberate wrongdoing,...
they shock the public conscience
Conscience
Conscience is an aptitude, faculty, intuition or judgment of the intellect that distinguishes right from wrong. Moral judgement may derive from values or norms...
,' Justice John McKechnie also advised Arthurs of the possibility that he may never be released as the release of offenders sentenced to life imprisonment must be signed off by the Western Australian Attorney-General.
New Western Australian Attorney-General Christian Porter has since revoked Arthurs' non-parole period, making him one of three Western Australians to have their papers marked "never to be released".
Other allegations
After Arthurs pleaded guilty it was publicly confirmed that he was under investigation by British police for sexually assaulting another girl in 2001. Arthurs was never charged with this incident because he left Britain for Australia before an identity parade could take place.Sofias' Legacy
Sofias' Memorial - The Chapel of the InnocentsSofias' small school community was devastated by her murder and set about to raise funds for a memorial to her at the school, which was the Mater Christi Catholic Primary School in Yangebup, Western Australia. Over a quarter of a million dollars was raised locally at the school for a memorial to Sofia and all Western Australian Children who have had their lives stolen by criminals. The Chapel of the Innocents was constructed in 2008 and remains the resting place of Sofias' ashes.
Changes to Legislation
After Sofia was murdered, Police were restricted in their ability to charge Arthurs with Wilful Murder, because it could not be proved it was his intention to murder Sofia. Wilful Murder, which carried a term of life imprisonment with a non porole period of 15 years (minimum) to 19 years (maximum) at the time, was the highest charge that could be preferred for the taking of a life. Instead, Arthurs had to be charged and convicted with the lesser offence of Murder, which excluded the element of intent. This still carried a penalty of life imprisonment, however the non parole periods were 7 years (minimum) to 14 years (maximum). Realistically, for one of the most horrific crimes in Western Australia for decades, Arthurs could possibly spend only 7 years in jail. This caused a massive public outcry and a demand was made to force a change to the laws for murder in Western Australia.
Through the then Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
Jim McGinty
Jim McGinty
James Andrew McGinty is an Australian politician. He was a Labor member of the Western Australian Legislative Assembly from 1990 to 2009, representing the district of Fremantle. He was Labor Party leader and Leader of the Opposition from 1994 to 1996...
, Sofias' family and their many supporters petitioned the Government to have the laws changed to reflect more clearly the seriousness of the crimes committed. As a result, the charges of Wilful Murder and Murder were repealed and a single charge of Murder was created to include more severe penalty options. Though distinction between an intent to murder and non intent were still included, the sentencing considerations were dramatically altered. The new legislation calls for an ability to impose a "Never to be Released" clause as well as a change in the minimum sentence that can be imposed before release on parole can be considered. For Murder with intent the minimum sentence is 20 years and for Murder without a proved intent (Manslaughter) it is 15 years. Though Arthurs could not be retrospectively convicted under the new legislation, the legacy of Sofias' murder would ensure no-one again in Western Australia would receive such a potentially lenient sentence as a result of such a horrific crime.
Sex Offender Register
In addition to the changes to murder legislation, Sofias' family have worked tirelessly over the years since her murder to have the Western Australian Government introduce a Public Sex Offender Register. This would see the names and suburbs (not address) of convicted sex offenders being made available to the public. Though public support was very strong for such a register, the government has continued to stall on the legislation due to the concerns such legislation could cause to the safety of known sex offenders. Police in particular continue to show concerns for the fear of vigilante
Vigilante
A vigilante is a private individual who legally or illegally punishes an alleged lawbreaker, or participates in a group which metes out extralegal punishment to an alleged lawbreaker....
attacks against sex offenders who have been released after serving their time in jail. The topic continues to be debated within the Western Australian Parliament, and up until late 2010, the legislation is still yet to be considered.