R v Weaven

[2011] VSC 508

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

S CR 2010 0169

THE QUEEN

v

GLENN MATTHEW WEAVEN

JUDGE:	WEINBERG JA
WHERE HELD:	Melbourne
DATE OF HEARING:	25, 27 & 28 July, 2-5, 8-12 & 15-18 August 2011
DATE OF PLEA:	5 October 2011
DATE OF SENTENCE:	12 October 2011
CASE MAY BE CITED AS:	R v Weaven
MEDIUM NEUTRAL CITATION:	[2011] VSC 508

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CRIMINAL LAW – Sentence – Murder – Female victim stabbed in neck – Body burnt to conceal offending – Whether aggravating factor –– Weight to be given to evidence of prior good character in light of offender being willing participant in criminality as part of ‘scenario’ operation – Combination of physical and mental ailments – Consequences of imprisonment more burdensome for offender – Sentence 20 years’ imprisonment – Non-parole period of 16 years fixed

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APPEARANCES:	Counsel	Solicitors
For the Crown	Mr M Rochford SC with Mr B L Sonnett (trial)	Mr C Hyland, Solicitor for Public Prosecutions
Mr G J C Silbert SC with Mr B L Sonnett (plea)
For the Accused	Mr G F Meredith with Mr N Goodenough	Leanne Warren & Associates

HIS HONOUR:

1. Glenn Matthew Weaven.  After a trial lasting some three weeks, you were found guilty of the murder of Mary Lou Cook at Narre Warren on 14 December 2008.

1. The circumstances surrounding the commission of that offence may be briefly stated. 

1. On Sunday 14 December 2008, shortly before 1:00 a.m, Ms Cook was stabbed to death at her home in Darling Way, Narre Warren.  The premises were subsequently set on fire.  You had had a longstanding relationship with the deceased.  Within a few days, you were suspected by police of having been involved in her murder. 

1. On 18 December 2008, you willingly participated in an interview with Sergeant Ronald Iddles of the Homicide Squad.  You denied any involvement in the murder.  You claimed to have been at your parents’ home, some two kilometres from the scene of the crime, at the relevant time.  Sergeant Iddles considered that, although you were a suspect, there was insufficient evidence to charge you with murder at that stage.

1. The investigation continued for some months.  Eventually, in July 2009, the police began a covert operation, using what is colloquially termed a ‘scenario’ method of investigation.  Between July and September 2009, you met with undercover police on a number of occasions.  Throughout that period, you took part in some 17 different ‘scenarios’, a number of them involving what you were led to believe was criminal activity.  Your belief was that you were participating in the activities of an organised criminal gang, and that you were being groomed for possible membership of that gang.  You were paid various amounts of money for your assistance in these ‘criminal’ activities, and were led to believe that there was opportunity to earn a great deal more. 

1. On 18 September 2009, you met a man whom you knew as ‘Gary’ (in fact, an undercover police operative)…