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

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

Having regard to all of the facts and circumstances—including the nature of the offending, aggravating and mitigating factors, the offender's personal history, lack of genuine remorse, and guided by statutory and comparative principles—the Court found the murder to fall within the mid-range of objective seriousness and imposed a term of 24 years 8 months imprisonment, non-parole period of 18 years 6 months, plus sentences for resisting arrest and knife possession.

Jurisdiction
Australia
Judgment Date
26 August 2022
Procedural Posture
Criminal / Sentence
Outcome
Offender convicted and sentenced.
Legal Topics
['sentencing' 'murder' 'resisting Arrest' 'weapons Offences' 'objective Seriousness' 'aggravating and Mitigating Factors']
['criminal Law'] ['sentencing' 'murder' 'resisting Arrest' 'weapons Offences' 'objective Seriousness' 'aggravating and Mitigating Factors']

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Procedural Posture

Criminal / Sentence

Legal Issues

  1. 1 ['Appropriate sentence for murder given jury verdict and facts found at trial' 'Assessment of objective seriousness for murder involving jealousy and violence' 'Consideration of post-offending conduct and personal circumstances in sentencing' 'Aggravating and mitigating circumstances impacting penalty' 'Appropriate sentencing for related offences of resisting arrest and carrying a weapon']

Ratio Decidendi

Having regard to all of the facts and circumstances—including the nature of the offending, aggravating and mitigating factors, the offender's personal history, lack of genuine remorse, and guided by statutory and comparative principles—the Court found the murder to fall within the mid-range of objective seriousness and imposed a term of 24 years 8 months imprisonment, non-parole period of 18 years 6 months, plus sentences for resisting arrest and knife possession.

Court Disposition

Offender convicted and sentenced.

Orders

  • ['Convicted of murder and sentenced to 24 years and 8 months imprisonment, non-parole period 18 years 6 months commencing 9 March 2020, expiring 8 September 2038; additional 6 years 2 months expiring 8 November 2044.' 'Convicted of resisting arrest and sentenced to 6 months imprisonment commencing 9 March 2020,...