R v Terry Mark DONAI [2008] NSWSC 502

R v Terry Mark DONAI [2008] NSWSC 502

The offender murdered Pamela Weightman by asphyxiation, participated with David Weightman in murdering William Weightman, and helped dispose of their bodies to simulate a car accident. The murders were premeditated, motivated by an expected payment of $17,000, committed against innocent victims who had trusted him, and were very close to the worst category of murder. The psychiatric evidence did not explain or mitigate the offending, rehabilitation could not be taken into account in his favour, and although future dangerousness was not proved to the required degree, the community interests in retribution, punishment and deterrence required life sentences under s 61(1), with no basis to...

Jurisdiction
Australia
Judgment Date
23 May 2008
Procedural Posture
Criminal Law Sentence Murder / Remarks on Sentence After Jury Convictions for Two Counts of Murder
Outcome
On the two charges of murder, Terry Mark Donai was sentenced to concurrent sentences of imprisonment for life, each to date from 16 June 2006.
Legal Topics
['murder' 'life Imprisonment' 'section 61(1) Crimes (sentencing Procedure) Act 1999' 'worst Category Offending' 'future Dangerousness' 'contract Killing' 'objective Seriousness' 'mental Illness and Sentencing']
['criminal Law' 'sentencing'] ['murder' 'life Imprisonment' 'section 61(1) Crimes (sentencing Procedure) Act 1999' 'worst Category Offending' 'future Dangerousness' 'contract Killing' 'objective Seriousness' 'mental Illness and Sentencing']

Case Brief

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Procedural Posture

Criminal Law Sentence Murder / Remarks on Sentence After Jury Convictions for Two Counts of Murder

Legal Issues

  1. 1 ["Whether the offender's culpability in the two murders was so extreme that the community interest in retribution, punishment, community protection and deterrence could only be met by life imprisonment under s 61(1) of the Crimes (Sentencing Procedure) Act 1999." 'Whether the murders fell within the worst category of homicide or close to it.' "Whether the offender's asserted psychiatric condition reduced his culpability or otherwise justified a lesser sentence." 'Whether the offender posed a continuing danger to the community requiring protection by life imprisonment.' 'Whether any discretion under s 21(1) of the Crimes (Sentencing Procedure) Act 1999 should be exercised to impose a lesser sentence.']

Ratio Decidendi

The offender murdered Pamela Weightman by asphyxiation, participated with David Weightman in murdering William Weightman, and helped dispose of their bodies to simulate a car accident. The murders were premeditated, motivated by an expected payment of $17,000, committed against innocent victims who had trusted him, and were very close to the worst category of murder. The psychiatric evidence did not explain or mitigate the offending, rehabilitation could not be taken into account in his favour, and although future dangerousness was not proved to the required degree, the community interests in retribution, punishment and deterrence required life sentences under s 61(1), with no basis to...

Court Disposition

On the two charges of murder, Terry Mark Donai was sentenced to concurrent sentences of imprisonment for life, each to date from 16 June 2006.

Orders

  • ['On the two charges of murder I sentence Terry Mark Donai to concurrent sentences of imprisonment for life, each to date from 16 June 2006.']