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Qld: Man who murdered son denied chance for appeal

By Jessica Marszalek
28 Nov 2008 2:00 PM

BRISBANE, Nov 28 AAP - A man who lit a house fire in a jealous rage, killing three people including his own infant son, has been refused the chance to appeal his jail sentence and convictions.

Errol Graham Hayes was given three life sentences after being found guilty of three charges of murder and one of arson last December.

Hayes, who was 38 at the time and a regular drug user, set fire to a wooden Queenslander-style house in the southern suburb of Annerley in the early hours of February 20, 2006.

His 18-month-old son Joshua and former partner Theresa Dominique Marchetti perished in the blaze which destroyed the house.

A third occupant, Mark Stewart Christensen, 39, also died in the inferno.

The court was told Hayes had started the fire in a jealous rage because he suspected Ms Marchetti had been unfaithful with Mr Christensen.

He had earlier told Ms Marchetti she would "burn alive" during an argument the week before the fire, the court heard.

At sentencing, Hayes was labelled a serious violent offender and ordered to serve at least 24 and a half years before he is eligible for parole.

Hayes had applied to Queensland's Court of Appeal for leave to appeal against the sentence imposed on the grounds it was manifestly excessive.

He also appealed his convictions, arguing the trial judge had incorrectly directed the jury on a number of matters.

Both the appeal against the convictions and application for leave to appeal were denied.

The judgment, released on Friday, noted the sentencing judge had no alternative but to sentence Hayes to life imprisonment.

"The appellant murdered three people," it said.

"One of his victims was an innocent little boy who was his own son.

"... (The non-parole period) in circumstances where he has shown no remorse at all for the consequences of his crimes cannot be said to be manifestly excessive."