R v Weaver (No 13) [2022] NSWSC 1140

Supreme Court New South Wales

Medium Neutral Citation: R v Weaver (No 13) [2022] NSWSC 1140 Hearing dates: 12; 13; 14; 19; 20; 21; 22; 26; 27; 28 April; 2; 3; 4 May 2022; 18 August 2022 Date of orders: 26 August 2022 Decision date: 26 August 2022 Jurisdiction: Common Law - Criminal Before: Campbell J Decision: (1) By the jury's verdict you have been convicted of the murder of Larry White. I sentence you to a term of imprisonment of 24 years and 8 months having a non-parole period of 18 years and 6 months commencing on 9 March 2020 and expiring on 8 September 2038 with an additional term of 6 years and 2 months commencing on 9 September 2038 and expiring on 8 November 2044. You will first be eligible for release on parole after the expiration of the non-parole period on 8 September 2038. (2) By your plea of guilty I convict you of the offence of resisting arrest and sentence you to a fixed term of imprisonment of 6 months duration commencing on 9 March 2020 and expiring on 8 September 2020. (3) On your plea of guilty I convict you of the offence of carrying a cutting weapon at the time of your apprehension by police on 28 December 2019, but I dispose of the proceedings in respect of it without imposing any other penalty in accordance with the provisions of s 10A Crimes (Sentencing Procedure) Act 1999 (NSW). Catchwords: CRIMINAL LAW – sentencing – murder – where jury returned verdict of guilty – relevant factors on sentence Legislation Cited: Crimes Act 1900 (NSW), s 19A; 58; 547D Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), ss 10A; 21; 21A; 22A; 54A; 54B; 61 Criminal Procedure Act 1986 (NSW), s 166 Cases Cited: Beldon v R [2012] NSWCCA 194 Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39 Perkins v R [2018] NSWCCA 62 R v Chatimba (No 2) [2021] NSWSC 863 R v Daetz; R v Wilson [2003] NSWCCA 216; 139 A Crim R 398 R v Isaacs (1997) 41 NSWLR 374 R v Olbrich (1999) 199 CLR 270; [1999] HCA 54 R v Pearce [2008] NSWSC 1434 R v RJB [2019] NSWSC 719 Silvano v The Queen [2008] NSWCCA 118; 184 A Crim R 593 Texts Cited: Nil Category: Sentence Parties: Regina (Crown) Scott David Weaver (Accused) Representation: Counsel: B. Costello (Crown Prosecutor) A. Evers (Counsel for the accused)