A New South Wales man convicted for the death of Filipina trans woman Mhelody Bruno will be re-sentenced after avoiding jail for her manslaughter.
Bruno fell unconscious when Toyer choked her while the pair were having sex. He told the Wagga Wagga District Court the choking was consensual erotic asphyxia.
The 25-year-old later died at Wagga Wagga Base Hospital after doctors placed her in an induced coma.
Toyer said he had shared a relationship with Bruno for about three weeks before her death after meeting on Grindr.
On March 19, Toyer avoided jail time for Bruno’s death. Justice Gordon Lerve sentenced Toyer to a 22-month Intensive Correction Order with conditions including 500 hours of community service.
The sentence also included a 25% discount after Toyer pleaded guilty to her manslaughter.
Mhelody Bruno’s killer Rian Ross Toyer resentenced next week
However this week, the Wagga Wagga District Court relisted the case and will reopen it next Monday.
A spokesperson from New South Wales’ Office of the Director of Public Prosecutions explained the circumstances to ABC News.
The spokesperson said the parties to the case told the judge an Intensive Correction Order is not legally permissible for a manslaughter.
“The matter is now listed for a s43 sentencing error correction,” the spokesperson said.
Such proceedings apply to rulings that “imposed a penalty that is contrary to law, or failed to impose a penalty that is required to be imposed by law.”
Mhelody Bruno’s 2019 death sparked an outpouring of grief in the community at the time. Mourners gathered at candlelight vigils in Wagga Wagga and Sydney.
A Brisbane vigil on the Transgender Day of Remembrance also honoured her memory.
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