Financial Advisor killed client after argument about budgeting

Website Image - R v Kelly [2012] NSWSC 1104

**EXPLICIT CONTENT WARNING**

Simon Clarke (a pseudonym) won the Oz Lotto for $5 million. Given his change in financial circumstances, Simon sought advice from a Financial Advisor to help him manage his lotto money. After some research, he made the decision to go with Peter Kelly.

At the time, Simon and his wife Lisa Clarke (a pseudonym) lived in the Central Coast in New South Wales, Australia. Simon and Lisa later moved to Tamworth and Peter travelled to and from Tamworth once every three months to discuss their financial affairs.

Peter noticed overtime that the couple was consistently spending more money than Peter considered as appropriate, and he convinced the couple to sign a Power of Attorney. This legal document enabled Peter to have legal control over the couple’s finances.

One day, Peter and Simon planned to go on a camping and hunting trip but Peter was confused about the location and so he went to couple's house for directions. When he arrived, Simon has already left, but Lisa was home. While at the house, Peter and Lisa started talking about their financial affairs and Lisa requested that Peter allow her to have more spending money. Peter denied the request and the two ended up in an argument.

The argument became heated, and Lisa pushed Peter to the ground. Peter became enraged and got up and pushed her back, causing her to fall over. He then walked out to his car and picked up a heavy rubber mallet. He walked back inside and saw that Lisa was sitting at the table facing the opposite direction.

Peter walked up and hit her on the side of her head with the mallet. He hit her head again with the mallet and then grabbed her head while holding her mouth and hit her another two times. Peter covered her mouth and nose to suffocate her and eventually Lisa died.

During Court, there were debates about Peter’s motive for killing Lisa. Peter said that Lisa was a gambling addict and that she increasingly became abusive towards Peter about the fact that he wanted to limit her spending. Peter said that he became “tired” of the abuse and the final argument was the “last straw”. He said that Lisa threatened to “take” Peter’s own money if he didn’t increase her spending limit and that this threat sent him into a “rage”.

However, the Judge said that Peter lacked credibility and that Peter’s testimony did not add up, particularly as it was unclear how Lisa was going take Peter’s money. The Judge said that ultimately it was unknown why he killed Lisa and there was more to the story than he had led on.

Peter was sentenced to 13 years in prison.

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