Man 'provoked' into killing wife
A MAN who claimed he was provoked into killing his ex-wife at her Ipswich home in 2009 will not face an appeal against his manslaughter conviction.
Jiagen Pan, who butchered Linjin Ciu into seven pieces and tried to entomb the pieces in a wall, was found not guilty of murder in July.
He was found guilty of the lesser charge of manslaughter after arguing he was provoked by the victim, and was sentenced to 12 years in prison.
Pan claimed he was provoked into murder after his ex-wife said he never "satisfied me as a man".
Laws to prevent provocation being used a defence in murder cases came into effect in March this year, but that came after Pan was originally charged.
Premier Anna Bligh said in July that the Attorney-General "would be seeking advice" on whether there was any further action the Crown could take against the court's decision.
But Attorney-General Paul Lucas told The Queensland Times there could be no appeal against Pan's punishment.
"The law that applies to this case is the law in force at the time," Mr Lucas said in a statement.
"However, the law has since been changed to remove the partial defence of provocation which had been used in cases like the Sebo case on the Gold Coast.
"It's outrageous that a verbal taunt about infidelity or the like can be used to reduce a charge.
"That's why we changed the law to remove words alone as grounds for use of a partial provocation defence."
Pan, a noodle chef who was divorced from Ms Cui in March 2009, admitted he chopped her body into seven pieces and tried to entomb the parts in a homemade cavity he built in a hallway cupboard at his Woodridge home.
The judge described the attack as "sustained and gruesome" and sentenced Pan to 12 years for the manslaughter and 18 months for interfering with a corpse.
He will have to serve at least 80% of his sentence after being deemed a violent offender.
Pan told the court that before the murder, he was called "sexually incompetent" by his ex-wife.
"I was really angry about it, I felt like all my blood went into my brain," he said.
Pan said he could not sleep that night and on his way back to Ms Cui's home the next day he bought several saws from a Bunnings hardware store to cut up the body.
The court heard police walked in on Pan entombing the body.