View source for Murder of Ebony Simpson

{{Short description|1992 homicide in New South Wales, Australia}}
{{Use Australian English|date=March 2018}}
{{Use dmy dates|date=March 2018}}
{{Infobox event
| title                    = Murder of Ebony Simpson<!-- Title to display, if other than page name -->
| image                    = Ebony1.jpg
| image_size               = <!-- |image_upright= is preferred for most cases, see WP:IMGSIZE -->
| image_upright            = 
| image_alt                = 
| caption                  = Ebony Simpson
| native_name              = 
| native_name_lang         = 
| english_name             = 
| time                     = 
| duration                 = 
| date                     = {{start date|1992|08|19|df=y}}
| venue                    = 
| location                 = {{NSWcity|Bargo}}, [[New South Wales]], Australia
| coordinates              = <!-- {{coord|LAT|LON|region:XXXX_type:event|display=inline,title}} -->
| also_known_as            = 
| type                     = [[Murder]]
| theme                    = 
| cause                    = [[Child abduction|Abduction]], [[rape]] and [[asphyxiation]], caused by [[drown]]ing
| motive                   = 
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| filmed_by                = 
| participants             = 
| outcome                  = 
| casualties1              = 
| casualties2              = 
| casualties3              = 
| reported deaths          = Ebony Jane Simpson<br />{{small|(aged 9 years)}}
| reported injuries        = 
| reported missing         = 
| reported property damage = 
| inquiries                = 
| inquest                  = 
| coroner                  = 
| arrests                  = 
| suspects                 = 
| accused                  = 
| convicted                = Andrew Peter Garforth
| charges                  = 
| trial                    = 
| verdict                  = 
| convictions              = [[Murder]]
| sentence                 = [[Life imprisonment]]; no possibility of [[parole]]
| publication_bans         = 
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}}

The '''murder of Ebony Jane Simpson''' (born 22 December 1982) occurred on 19 August 1992 in {{NSWcity|Bargo}}, [[New South Wales]], Australia. Aged nine years, Simpson was [[Child abduction|abducted]], [[rape]]d, and [[murder]]ed by [[asphyxiation]] when Andrew Peter Garforth (born 5 August 1963) [[drown]]ed her. Garforth pleaded guilty to the crimes and was sentenced to [[life imprisonment]] without the possibility of [[parole]].

==Abduction and murder==
On 19 August 1992, Simpson disembarked from her school bus. Her mother, who usually met her at the bus stop, was busy that day and had arranged for Simpson's older brother to meet her and accompany her home, after his bus reached the bus stop. Unfortunately his bus arrived later than usual and Simpson was not there. Simpson, not seeing her brother at the bus stop, decided to start walking home as it was only a short distance away. Simpson thought that she would meet her brother at home.<ref>{{cite news|url=http://www.illawarramercury.com.au/story/2221283/mother-recounts-ebony-simpson-tragedy-in-new-crime-series/|title=Mother recounts Ebony Simpson tragedy in new crime series|work=[[Illawarra Mercury]]|date=17 April 2014|access-date=11 May 2018|author=Humphries, Glen}}</ref>

Police soon suspected that Ebony had been kidnapped rather than [[Runaway (dependent)|running away]]. Suspicion fell on a man who was seen working on his car near where she had disembarked from the bus. Over a hundred people began searching the area for Ebony, including police, firemen, [[State Emergency Service]] members, and volunteers.<ref>{{cite news |title=Town shocked at schoolgirl's disappearance |url=https://trove.nla.gov.au/newspaper/article/137174485 |access-date=1 June 2019 |work=[[The Canberra Times]] |date=21 August 1992 |pages=3 |via=[[Trove]]}}</ref>

Two days later, on the 21st of August, police found Ebony's body in a dam at a [[wildlife sanctuary]] near her home. Her hands and feet were bound. Later that day, 29 year old Andrew Peter Garforth was arrested and confessed to the murder.<ref name="Canberra19920822">{{cite news |title=Angry crowd waits as man faces charge of killing Bargo girl |url=https://trove.nla.gov.au/newspaper/article/137174741 |access-date=1 June 2019 |work=The Canberra Times |date=22 August 1992 |pages=3 |via=Trove}}</ref> With her house in sight, Garforth had grabbed Simpson, thrown her in the [[Trunk (car)|boot]] of his car and driven off to a remote dam. Once there, he bound her with wire, raped her, weighted her schoolbag and threw her into the dam's [[reservoir]], where she drowned.<ref>{{cite news|url=https://www.smh.com.au/national/nsw/ebony-simpsons-murder-remembered-25-years-on-20170817-gxygy6.html|title=Ebony Simpson's murder remembered 25 years on|work=[[The Sydney Morning Herald]]|author=Tullis, Ashleigh|date=17 August 2017|access-date=11 May 2018}}</ref> According to police, Garforth had participated in the search for Simpson on the day her body was found.<ref name="Canberra19920822"/>

==Arrest==
Garforth confessed to the crime after police detained him, showing no [[remorse]] for his actions during the confession and court sessions. He pleaded guilty to the murder of Simpson and was sentenced in 1993 to life imprisonment.<ref>{{cite news |title=Ebony's killer to spend rest of his life in jail |url=https://trove.nla.gov.au/newspaper/article/127238390 |access-date=1 June 2019 |work=The Canberra Times |date=10 July 1993 |pages=3 |via=Trove}}</ref> Justice Peter Newman refused to fix a non-parole period and ordered that Garforth's papers be marked "never to be released".<ref name="dailytelegraph">{{cite news |title=Ebony Simpson's abduction and murder by Andrew Peter Garforth placed in 'worst category' by judge |url=https://www.dailytelegraph.com.au/news/display/ebony-simpsons-abduction-and-murder-by-andrew-peter-garforth-placed-in-worst-category-by-judge/news-story/7ded64352c8e0e6bd07d1d89efc29ddc |access-date=9 June 2019 |work=[[The Daily Telegraph (Sydney)|The Daily Telegraph]] |date=13 July 2015 |location=Sydney |language=en}}</ref>

Garforth [[appeal]]ed to the [[High Court of Australia]], but he was refused [[High Court of Australia#Appellate jurisdiction|special leave]].<ref>{{cite AustLII|litigants=Garforth v The Queen|year=1994 |court=HCATrans|num=149}}.</ref> It is one of two similar cases which were refused special leave.<ref name="law report 1998"/> In discussing the meaning of "life imprisonment" when Garforth appealed his sentence the Judges said, "the community interest in retribution, deterrence, protection of children and the community in such situations may so strongly outweigh any regard for rehabilitation that a life sentence becomes the only option."<ref name="law report 1998">{{cite news|first=John|last=Anderson|url=http://www.abc.net.au/rn/talks/8.30/lawrpt/lstories/lr981117.htm|title=The Law Report|work=Radio National|format=transcript|publisher=[[Australian Broadcasting Corporation]]|date=17 November 1998|access-date=2007-03-14|archive-url=https://web.archive.org/web/20040501111044/http://www.abc.net.au/rn/talks/8.30/lawrpt/lstories/lr981117.htm|archive-date=1 May 2004|url-status=dead|df=dmy-all}}</ref><ref>{{cite web|author=Nicholson, John C. (Justice)|title=When Life Means Life|url=http://www.publicdefenders.nsw.gov.au/Pages/public_defenders_research/Papers%20by%20Public%20Defenders/public_defenders_when_life_means_life.aspx|work=Public Defenders Office|publisher=[[Government of New South Wales]]|date=n.d.|access-date=11 May 2018}}</ref><ref>{{cite web|url=https://www.parliament.nsw.gov.au/Hansard/Pages/HansardResult.aspx#/docid/HANSARD-1323879322-61251|title=Garforth High Court Appeal|publisher=[[Legislative Assembly of New South Wales]]|work=[[Hansard]]|date=23 November 1994|access-date=11 May 2018|author1=Kernohan, Liz|author-link1=Liz Kernohan|author2=Chikarovski, Kerry|author-link2=Kerry Chikarovski}}</ref><ref>{{cite web|url=https://www.parliament.nsw.gov.au/Hansard/Pages/HansardResult.aspx#/docid/HANSARD-1820781676-6093|title=Garforth High Court Appeal|publisher=[[Legislative Council of New South Wales]]|work=[[Hansard]]|date=15 November 1994|access-date=11 May 2018|author1=Nile, Fred|author-link1=Fred Nile|author2=Hannaford, John|author-link2=John Hannaford (Australian politician)}}</ref><ref>{{cite web|url=https://www.parliament.nsw.gov.au/Hansard/Pages/HansardResult.aspx#/docid/HANSARD-1820781676-4994|title=Criminal Convictions Appeals|publisher=[[Legislative Council of New South Wales]]|work=[[Hansard]]|date=12 April 1994|access-date=11 May 2018|author1=Nile, Fred|author-link1=Fred Nile|author2=Hannaford, John|author-link2=John Hannaford (Australian politician)}}</ref>

In 1995, Garforth lodged several claims for victims' compensation via his lawyers, relating to alleged assaults which occurred in prison. The claims were later withdrawn after public outrage.<ref name="dailytelegraph" /> Garforth's prisoner status was downgraded upon the recommendation of the Serious Offenders Review Council in 2015, giving him access to prison employment and rehabilitation courses. The council's decision was immediately reversed by [[Minister for Counter Terrorism and Corrections|Minister for Corrections]] [[David Elliott (politician)|David Elliott]].<ref name="dailytelegraph" />

==Aftermath==
Simpson's parents, Christine and Peter Simpson, joined forces with Grace and Garry Lynch, the parents of New South Wales 1986 murder victim [[Murder of Anita Cobby#Aftermath|Anita Cobby]], to create the Homicide Victims Support Group. The group provides support to the families of murder victims and lobbies for [[victims' rights]].<ref>{{cite news |last1=Verity |first1=William |title=A life sentence for victims of crime |url=https://www.illawarramercury.com.au/story/2226804/a-life-sentence-for-victims-of-crime/ |access-date=9 June 2019 |work=Illawarra Mercury |date=17 April 2014 |language=en}}</ref>

Following the [[1988 New South Wales state election|1988 state election]], the NSW Government introduced legislation in 1989 and 1990 broadly aimed at [[truth in sentencing]].<ref>{{cite web |url=http://www.smh.com.au/nsw/nsw-sentencing-laws-to-be-simplified-20130913-2to92.html |title=NSW sentencing laws to be simplified|last1=Patty|first1=Anne|date=13 September 2013|work=[[The Sydney Morning Herald]]|access-date=5 September 2014}}</ref><ref>{{cite journal|last=Cunneen|first=Chris |date=March 1992|title=Dangers and opportunities in the sentencing crisis|url=http://www.austlii.edu.au/au/journals/CICrimJust/1992/11.pdf|journal=[[Current Issues in Criminal Justice]]|publisher=[[Sydney Law School]]|volume=3|issue=3|pages=349|doi=10.1080/10345329.1992.12036539 |access-date=5 September 2014}}</ref> Garforth's case was often cited as a test case for the application of the principle of life sentencing<ref>{{cite journal|author=Andreson, John L.|date=2006|title='Indefinite, inhumane, inequitable' – The principle of equal application of the law and the natural life sentence for murder: A reform agenda|url=https://www.austlii.edu.au/au/journals/UNSWLJ/2006/41.txt/cgi-bin/download.cgi/download/au/journals/UNSWLJ/2006%2F41.rtf|journal=University of New South Wales Law Journal|volume=41|format=[[Rich Text Format|.rtf]]|access-date=11 May 2018}}</ref><ref>{{cite AV media|url=http://www.abc.net.au/radionational/programs/backgroundbriefing/enough-is-enough-victims-of-crime/3563910|title=Enough Is Enough: Victims of Crime|author=Arnold, Ann|work=[[Radio National#News and analysis|Background Briefing]], Radio National|publisher=[[Australian Broadcasting Corporation]]|format=transcript|date=2 February  1997|access-date=11 May 2018}}</ref> and security classification.<ref>{{cite book|url=https://www.parliament.nsw.gov.au/committees/DBAssets/InquiryReport/ReportAcrobat/6048/Final%20Report%20-%20Security%20classification%20and%20managem.pdf|title=Security classification and management of inmates sentenced to life imprisonment|work=Standing Committee on Law and Justice|publisher=Legislative Council of New South Wales, [[Parliament of New South Wales]]|date=4 April 2016|access-date=11 May 2018|isbn=9781922258144}}</ref><ref>{{cite web|url=http://www.justiceaction.org.au/prisons/prison-issues/conditions/184-life-prisoners-inquiry-the-hearing-report/779-life-prisoners-inquiry-the-hearing-report|title=Life Prisoners' Inquiry: The Hearing Report|publisher=Justice Action|date=2015|access-date=11 May 2018}}</ref><ref>{{cite web|title=How Are Prison Inmates Classified?|url=https://www.sydneycriminallawyers.com.au/blog/how-are-prison-inmates-classified/|author=Nedim, Ugur|publisher=Sydney Criminal Lawyers|date=17 July 2015}}</ref>

==See also==
{{stack|{{portal|New South Wales}}}}
* [[List of solved missing person cases]]
* [[Murder of Janine Balding]]
* [[Bega schoolgirl murders|Murder of Lauren Barry & Nichole Collins]]
* [[Allan Baker and Kevin Crump|Murder of Virginia Morse]]
* [[Murder of Sian Kingi]]

==References==
<references/>

==Further reading==
*{{Cite book|last=Reade|first=Helen|year=2003|title=Little Girls Lost: The Stories of Four of Australia's Most Horrific Child Murders, and Their Families' Fight for Justice|publisher=Five Mile Press|location=Rowville, Victoria|isbn=1-86503-937-3}}

== External links ==
*{{Find a Grave|83718904|Ebony Simpson}}

{{DEFAULTSORT:Simpson, Ebony}}

[[Category:1990s in New South Wales]]
[[Category:1990s missing person cases]]
[[Category:1992 murders in Australia]]
[[Category:Deaths from asphyxiation]]
[[Category:Female murder victims]]
[[Category:Formerly missing Australian people]]
[[Category:Missing person cases in Australia]]
[[Category:Child murder in Australia]]
[[Category:Murder in New South Wales]]
[[Category:People murdered in New South Wales]]
[[Category:Rape in Australia]]
[[Category:Incidents of violence against girls]]