R v Scott Alan MAY (No 7) [2008] NSWSC 971

R v Scott Alan MAY (No 7) [2008] NSWSC 971

The offence was well above the mid-range in seriousness due to premeditation, execution-style killing for financial gain, and commission while on conditional liberty, but did not warrant the maximum life sentence. A total sentence of 36 years, with a non-parole period of 27 years, was imposed to reflect the gravity of offending, personal and public deterrence, and lack of special circumstances.

Parties
Crown: Regina; Offender: Scott Alan May
Jurisdiction
Australia
Judgment Date
19 September 2008
Procedural Posture
Criminal / Sentencing
Outcome
Sentenced to imprisonment for murder with a non-parole period of 27 years commencing 16 January 2007 and concluding 15 January 2034, with a further 9 years expiring on 15 January 2043; eligible for release on 15 January 2034.
Legal Topics
Murder, Sentence, Intent to Kill, Drug Related Offending
Criminal Law Murder Sentence Intent to Kill Drug Related Offending

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Parties

Regina

Crown

Scott Alan May

Offender

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 Appropriate sentence for murder with intent to kill involving shooting and drug-related motives
  2. 2 Assessment of objective and subjective circumstances for sentencing

Ratio Decidendi

The offence was well above the mid-range in seriousness due to premeditation, execution-style killing for financial gain, and commission while on conditional liberty, but did not warrant the maximum life sentence. A total sentence of 36 years, with a non-parole period of 27 years, was imposed to reflect the gravity of offending, personal and public deterrence, and lack of special circumstances.

Court Disposition

Sentenced to imprisonment for murder with a non-parole period of 27 years commencing 16 January 2007 and concluding 15 January 2034, with a further 9 years expiring on 15 January 2043; eligible for release on 15 January 2034.

Orders

  • Convicted of murder of Andrew John Heavens on 2 May 2003 at Rozelle, NSW.
  • Imprisonment for a non-parole period of 27 years commencing 16 January 2007 and concluding 15 January 2034.