The spontaneous killing of a sex worker in her apartment after her client learned she was transgender was not motivated by hatred or prejudice, a judge has heard.
Subscribe now for unlimited access.
or signup to continue reading
Hector Enrique Valencia Valencia killed Kimberley McRae at her Coogee apartment in January 2020.
He engaged the services of the 69-year-old who described herself in online advertisements as a "busty" 38-year-old blonde.
The 23-year-old flew into a rage after learning Ms McRae was transgender, punching her twice and leading to a scuffle on the darkened apartment's floor as she defended herself and he placed a cord over her neck.
Her body was found already decomposing, covered with a pillow and a bloodied blanket. She was wearing tights and a grey long-sleeved top which was pulled down, exposing her breasts.
In February, Justice Dina Yehia found Valencia not guilty of murdering Ms McRae, but guilty of her manslaughter.
At a sentencing hearing on Friday, Valencia's lawyer Claire Wasley rejected claims by crown prosecutors that the killing was driven by hatred or prejudice.
While the initial assault was spurred by his surprise about Ms McRae's sexuality, Ms Wasley said the subsequent events had a different motivation.
"He was angry and upset that he had been misled because of his personal view about engaging in a sexual act with somebody he viewed to be a man," she said.
After hearing arguments that Valencia was in a "very difficult situation" at the time of the incident, Justice Yehia questioned this.
"Why do you say it was difficult? He could have then just left," she asked Ms Wasley.
The difficulty came from the 23-year-old's inability to manage his emotions during an unusual set of circumstances, the barrister replied.
Valencia felt remorse about what had happened as evidenced by a letter he was carrying when arrested in the Caribbean island of Aruba before being extradited to Australia, the court was told.
"I am a migrant young man who did not know how to manage a heated situation, one who felt fear and made an irreparable mistake for which he must pay," he wrote in the letter addressed to then attorney-general Christian Porter.
"If with my life I could return hers I would offer it without a thought, but I know it is not possible, God does not allow for that."
Ms Wasley argued on Friday that Valencia's time in custody had been more onerous because he was young, had been separated from his family over in Colombia and was facing a language barrier and a looming deportation risk.
Crown prosecutors argued the Colombian's moral culpability was lower because he did not seem to come from a deprived background, having a stable upbringing with no drug or alcohol problems.
He had also not come clean with his parents after returning from Australia, telling them that Ms McRae had simply fainted, the court heard.
As well as being a self-employed sex worker, Ms McRae was also an author, publishing her autobiographical memoir, Hey Boys, She's Got a Gash and Other Tales of Gods, under the pseudonym Isabella Lawson.
Justice Yehia will hand down her sentence on July 7.
Lifeline 13 11 14
Fullstop Australia 1800 385 578
Australian Associated Press
