Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: R v White [2012] NSWSC 1573 Hearing dates: 14 December 2012 Decision date: 14 December 2012 Jurisdiction: Common Law - Criminal Before: R A Hulme J Decision: Sentenced to imprisonment for 32 years with a non-parole period of 24 years
Catchwords: CRIMINAL LAW - sentence - murder - convicted after trial - killing occurred during drug robbery - premeditation not established - intention to kill - disposal of body of deceased Legislation Cited: Crimes (Sentencing Procedure) Act 1900 (NSW) Cases Cited: R v Humphries [2012] NSWSC 419
R v Serone [2012] NSWSC 1232Category: Sentence Parties: Regina
Rodney Boyd WHITERepresentation: Counsel:
Mr J McLennan (Crown)
Mr P Bodor QC (Offender)
Solicitors:
Solicitor for Public Prosecutions
Gregory J Goold Solicitors
File Number(s): 2009/203701
Judgment
HIS HONOUR: Rodney Boyd White was found guilty by a jury on 30 April 2012 at the end of a seven week trial at Lismore. The essence of the prosecution case against him was that he had robbed and killed a drug dealer.
Mr White was tried jointly with Jessica Birkensleigh, who was found guilty of being an accessory before the fact to robbery, and Todd Serone, who was found guilty of being an accessory after the fact to murder. Another man, Ricky Humphries, had earlier pleaded guilty to manslaughter.
Facts
Whilst the evidence in the trial was quite complex, the facts may be succinctly stated as follows.
The deceased, Saaid ("Sid") Zaiter, was a person who White described in his evidence as "a big [drug] dealer on the Gold Coast". On Tuesday 16 December 2008 Mr White lured Mr Zaiter to Mr White's cabin in a caravan park at Chinderah on the pretext of doing a deal with some buyers from Melbourne. Within that cabin Mr White assaulted him to the point of rendering him unconscious (at least). He then bound him with cable ties and taped over his mouth and nose (this was a disputed issue but I am satisfied of it beyond reasonable doubt) so that if Mr Zaiter was not dead already, he soon would be.
Mr White had duped a man named Orams into driving him to the caravan park and waiting for him in the car outside. He had also enlisted Mr Humphries to come along for support. When White returned to the car he was asked by Mr Orams how it went and he replied, "Not very good, I've just bashed the cunt and I think he's dead". Mr Orams asked, "What have you done with him?" to which White replied that he had tied him up and put tape around his mouth in case he woke up. He was not being completely truthful.
In the ensuing hours White oversaw the transporting of Mr Zaiter's car to a clearing just off the Murwillumbah-Kyogle Road at Barkers Vale where packages of drugs were retrieved from it before it was torched. He also arranged for Serone and others to collect…
Continue reading R v White
Sign in free to access the full text
- AGLC
- R v White [2012] NSWSC 1573
- Case
- [2012] NSWSC 1573
- Decision Date
CaseChat Overview and Summary
The court examined the evidence to determine whether there was sufficient premeditation, as required for a murder conviction, or if the killing was an impulsive act that occurred during the commission of another crime. The court also had to assess the evidence to establish the nature of the accused's intention at the time of the killing. The accused argued that the killing was not premeditated but occurred in the heat of the moment during the drug robbery. The court scrutinised the circumstances surrounding the disposal of the victim's body, which was considered in determining the accused's state of mind and whether it demonstrated premeditation. Ultimately, the court found that while the accused intended to kill, there was no evidence of premeditation. Consequently, the court acquitted the accused of murder but convicted him of manslaughter. The court ordered the accused to be sentenced for manslaughter, with specific consideration given to the circumstances of the crime and the accused's state of mind at the time of the killing.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.