R v Weston (No 3) [2017] NSWSC 1385

Supreme Court New South Wales

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 2041 Catchwords: 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: T Bailey (Crown) B Murray (Offender)

Solicitors: 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