R v DONAI, Terry Mark [2012] NSWSC 1102

Supreme Court New South Wales

Medium Neutral Citation: R v DONAI, Terry Mark [2012] NSWSC 1102 Hearing dates: 28 June 2012 & 24 August 2012 Decision date: 14 September 2012 Jurisdiction: Common Law - Criminal Before: Hidden J Decision: On count 1, sentenced to imprisonment for 40 years, NPP 30 years, from 16.06.06. On count 3, sentenced to imprisonment for 40 years, NPP 30 years, from 16.06.09. Catchwords: CRIMINAL LAW - sentence - offender convicted at trial of the murder of a married couple - offences premeditated - for financial gain Legislation Cited: Crimes (Sentencing Procedure) Act 1999 Cases Cited: R v Weightman [2005] NSWSC 1354 Donai v R [2011] NSWCCA 173 R v Donai [2008] NSWSC 502 Category: Sentence Parties: Regina (Crown) Terry Mark Donai (offender) Representation: Counsel: MM Cunneen SC (Crown) MC Ramage QC (offender) Solicitors: S Kavanagh - Solicitor for Public Prosecutions (Crown) P Green - Jeffreys Lawyers (offender) File Number(s): 2007/1450

REMARKS ON SENTENCE 1The offender, Terry Mark Donai, has been found guilty at trial of the murder of a married couple, Pamela and William Weightman, at their home at Glen Alpine on 8 January 2000. He stands for sentence for those crimes. 2His accomplice in the murders was the couple's adopted son, David Weightman. The investigation of the matter and the subsequent court proceedings have been protracted, but it is not necessary to examine that process. For present purposes, it is sufficient to say that David Weightman pleaded guilty to the murders in October 2005 and was sentenced by me on 23 December 2005: R v Weightman [2005] NSWSC 1354. The trial of the present offender before me was a retrial. He had been found guilty of the murders in a trial before Fullerton J in 2007, but those convictions were set aside by the Court of Criminal Appeal and a new trial was ordered: Donai v R [2011] NSWCCA 173. Following that earlier trial, Fullerton J had sentenced the offender to life imprisonment for each offence: R v Donai [2008] NSWSC 502. The course of the investigation and the history of the proceedings can be gleaned from her Honour's remarks on sentence and my own remarks in sentencing David Weightman.