Factors in ex-principal’s sentencing
Judge Mark Gamble said that among points of law to be debated on the plea, he would need to consider factors such as maximum penalties.
THE County Court of Victoria heard today that Malka Leifer’s time in custody in Israel and the possibility of a deportation back to Israel at the end of any non-parole period were potential factors in determining her eventual sentence.
On April 3, the court found Leifer guilty on 18 of 27 sex abuse charges, including six out of 11 charges of rape, against sisters Dassi Erlich and Elly Sapper, between 2003 and 2007, while Leifer was their principal at Melbourne’s Adass Israel school. She was acquitted on charges relating to Nicole Meyer, a third sister.
Erlich, Sapper and Meyer sat in court for this morning’s mention hearing.
Her hand on her mouth, Leifer followed today’s brief hearing by a video link from prison. Asked by Leifer’s barrister Ian Hill, KC, if she could see and hear the proceedings, she nodded.
Judge Mark Gamble said that among points of law to be debated on the plea, he would need to consider factors such as maximum penalties.
He would seek guidance from counsellors as to sentencing practices around the time the offences were committed, as well as time spent by Leifer in police and correctional custody in Israel, including home detention.
Hill added that “hardship … whilst in prison” experienced by Leifer would be an additional factor proposed for consideration in determining the former Adass principal’s sentence. Judge Gamble asked, “Hardship for Mrs Leifer personally?” to which Hill responded, “Yes.”
The barrister also raised the potential issue of deporting Leifer back to Israel and how this might affect sentencing. However, Judge Gamble told him, “You’re getting into the realm of speculation there.” Hill then said he would present supporting legal precedents.
The judge fixed the plea for listing on June 28 and 29 and remanded Leifer in custody until that time.