Manslaughter conviction makes history

A high-pitched sob brought to an end a history-making third trial for twice-acquitted Sydney jeweller, and now convicted killer, Philip Leung.

The 51-year-old let out a shriek minutes after a Supreme Court jury on Wednesday found him guilty of the manslaughter of his gay partner Mario Guzzetti at their Alexandria home on April 7, 2007.

"This is just wrong," Leung said as he handed his bag, glasses, jewellery and tie to his lawyers and was taken into custody after years of being free on bail.

It is understood to be the first time in the state's history that a person has been tried three times for the same crime.

He had already been acquitted twice - in 2009 and 2011 - after the two judges at his previous trials directed the juries to enter not guilty verdicts based on a lack of evidence.

But the Court of Criminal Appeal on both occasions ordered retrials following successful appeals by the prosecution.

This was allowed under NSW's revised double jeopardy laws, introduced in 2006, because both trial judges directed the juries' verdicts.

Leung had pleaded not guilty in all three cases - the first of which was a murder trial and the other two being manslaughter.

Witnesses found 72-year-old Mr Guzzetti lying at the foot of a staircase, being cradled by an "hysterical" Leung who had a pillow under his partner's head.

The Crown alleged the couple argued while Leung was making a carrot juice, resulting in the younger man striking his lover with a juicer and applying pressure to his neck area.

The jury accepted the Crown's case that a suspected blood-stained metal juicer bowl, found less than a metre away from Mr Guzzetti's body and had Leung's fingerprint on it, was used in the killing.

Apparent bloodstains were also found on a scrubbing brush alongside the disassembled juicer on the nearby kitchen sink.

The two-week trial was told Leung confessed to a friend and police on the day of the killing that the couple "had a fight" and that "Mario kept at me" while he was making juice.

Neighbour Fiona Cunney also gave evidence that she heard "crashing sounds" - like a shelf with pots and pans falling - about an hour before paramedics arrived.

She said she believed Mr Guzzetti was singing opera for about 10 seconds before silence and then Leung crying "like a baby".

Leung will face sentencing on March 8 next year.

But defence barrister Winston Terracini, SC, told AAP an urgent appeal will be lodged before then.

Outside court, Mr Guzzetti's brother, Enzo, who flew to Australia from Italy for the trial, said he was "very, very happy" with the decision.
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The Story Of Mercedes Pepper

Mercedes Christine Pepper Mercedes was born on December 4th 2008 to her parents Darren Pepper and Sarah Hemstra in Medicine Hat. She was their only child together. With her beautiful blue eyes, Mercedes earned the title as a little princess. Mercedes was a happy little girl who loved to play with dogs. Because they both had to work, and had no family member to baby-sit, Darren and Sarah enrolled Mercedes in a home daycare run my Erin Jackman. Their world crumbled when on July 19th 2010 Erin Jackman called 911 and 9 month old Mercedes was rushed to the hospital. Her injuries were critical that and she was rushed by helicopter to Alberta's Children's Hospital in Calgary. Sadly on July 21st 2010... Mercedes Christine Pepper went to heaven Her death was ruled as blunt force trauma, and Erin Jackman was arrested. After Mercedes was injured Erin did not call 911 immediately, she waited. She was charged with manslaughter and failure to provide the necessities of life. Together the community of people from near and far raised enough money so Mercedes could have a proper burial. "When someone loses a child by accident or illness, it's a very sad thing... To lose your child at the hands of another is a tragedy that I think most people could never understand. This family has very few peers in this journey that they're on" - Crown prosecutor Ramona Robins So tragic, Mercedes, everybody wishes you were here, I hope you are smiling down with your blue eyes and happy face, never to be ...

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