Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: R v Weston (No 3) [2017] NSWSC 1385 Hearing dates: 13 – 17, 20 – 22, 24, 27 – 28 February 2017, 1 – 3 March 2017, 4, 18 August 2017, 1 September 2017, 3 October 2017 Date of orders: 11 October 2017 Decision date: 11 October 2017 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: (1) Conviction recorded;
(2) Sentence imposed of non-parole period of 25 years and 6 months, commencing 18 March 2016 and concluding 17 September 2041, the balance of term of imprisonment, being a further 8 years and 6 months, expiring on 17 March 2050.
(3) First eligible for release on parole on 17 September 2041Catchwords: CRIMINAL LAW – Sentence – shooting murder by bikie gang – initially retribution for relationship with ex-partner of bikie official – then as punishment for attempt to stand up to gang – reasonable possibility of no intention to murder – strong subjective circumstances – not worst case – sentence of determinate period imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999, ss 21A(2)(c), 21A(2)(i), 21A(2)(n) Cases Cited: Adanguidi v R (2006) 167 A Crim R 295; [2006] NSWCCA 404
R v Harris (2000) 50 NSWLR 409; [2000] NSWCCA 469
R v Twala (Court of Criminal Appeal (NSW), 4 November 1994, unrep)Category: Sentence Parties: Regina (Crown)
John Richard Weston (Offender)Representation: Counsel:
Solicitors:
T Bailey (Crown)
B Murray (Offender)
Office of the Director of Public Prosecutions (NSW) (Crown)
Archbold Legal (Offender)
File Number(s): 2015/00181328 Publication restriction: NON-PUBLICATION ORDER RE identity or any matter that would identify witnesses A to G
REMARKS ON SENTENCE
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HIS HONOUR: After trial by jury, John Weston was found guilty of the murder of Laurence Starling on 24 July 2014. The trial was heard over a period of just over two weeks commencing 13 February 2017. The sentencing has been delayed by the offender, Mr Weston, changing his legal representation. The proceedings on sentence occurred on 3 October 2017.
The Process of Sentencing
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To those unfamiliar with the process of sentencing, some aspects of the task may seem difficult to understand. The Court is required to assess the objective seriousness of an offence within the range of conduct with which offences of that kind are concerned. Thus, even, as here, where one is speaking of murder as the most serious offence in the criminal calendar, it is necessary to assess the conduct of the offender to determine where, in that range of seriousness, this offence fits.
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It is only for the worst category of offences that one imposes the maximum sentence fixed by the Parliament. A sentence of life imprisonment is the maximum sentence for murder. In New South Wales, life imprisonment means no parole and no release. Whether a particular offence is in that category is not ascertained by imagining conduct that could be worse. Unfortunately, one can always imagine a worse scenario. Nevertheless, the Court must objectively assess the features of…
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- AGLC
- R v Weston (No 3) [2017] NSWSC 1385
- Case
- [2017] NSWSC 1385
- Decision Date
CaseChat Overview and Summary
The court found that the appellant had been a participant in the planning and execution of the murder, which was a brutal and violent act. However, it acknowledged that there was a reasonable possibility that the appellant did not intend to murder the victim at the time of the shooting. The court considered the subjective circumstances of the crime, including the appellant's limited criminal history and the fact that the murder was not the worst case of its kind. The court also noted that the appellant had shown remorse and had cooperated with the investigation. Ultimately, the court concluded that the sentence of a determinate period was appropriate, taking into account all the circumstances of the case.
The court emphasised that the sentence should reflect the seriousness of the crime and the need to deter similar offences in the future. However, it also recognised that the sentence should not be excessive or disproportionate to the circumstances of the crime. The court found that the sentence imposed was not excessive or disproportionate, given the appellant's participation in the crime and the need to deter similar offences. The court also noted that the appellant had shown remorse and had cooperated with the investigation, which were mitigating factors that should be taken into account.
The court dismissed the appeal against sentence and upheld the sentence of a determinate period imposed by the trial judge. The court found that the sentence was appropriate, taking into account all the circumstances of the case. The court emphasised that the sentence should reflect the seriousness of the crime and the need to deter similar offences in the future, but also recognised that the sentence should not be excessive or disproportionate to the circumstances of the crime. The court found that the sentence imposed was not excessive or disproportionate, given the appellant's participation in the crime and the need to deter similar offences. The court also noted that the appellant had shown remorse and had cooperated with the investigation, which were mitigating factors that should be taken into account.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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