ACT Supreme Court Justice Hilary Penfold has begun considering a sentence for Yuen, 28, with the Crown pushing for a life sentence, and defence lawyers arguing that 18 years is appropriate.
Justice Penfold is expected to take just over a month to hand down the sentence for the killing of Brendan Scott Welsh, 28.
Brendan Scott Welsh. Photo: Supplied
Mr Welsh was ambushed as he sat in his car near the Hughes shops in May 2010.
Advertisement
The motive - described first as non-existent and later as insignificant by the Crown – came from a dispute over a set of keys and a borrowed car, which escalated after the window of Yuen’s work van was smashed.
Yuen lured his long-time friend to the Hughes shops, hid behind a wall, and then emerged in disguise, holding the shotgun at the driver’s side door.
Two shotgun rounds were fired into the car, the first fatally hitting Mr Welsh in the chest.
The court will also sentence Yuen over a vicious prison bashing last year that left a fellow inmate requiring reconstructive surgery to his face.
Crown prosecutor Shane Drumgold has mounted an argument for a life sentence for Yuen, who he described as a “seriously violent person”.
Mr Drumgold said Yuen’s actions in the lead-up to the murder were evidence of a “dogged determination to shoot Mr Welsh”, and not, as the defence argued, an irrational, anger-fuelled response to perceived threats to his safety.
As the dispute with Mr Welsh escalated, Yuen armed himself with the shotgun, wiped it of prints, put on gloves and a heavy disguise, and developed a plan to dispose of the weapon after the confrontation.
He recruited people to help him, and made repeated attempts to confront Mr Welsh at points across the city over more than three hours.
Mr Drumgold said that by shooting Mr Welsh, Yuen knew he was orphaning three young children.
He said that a life sentence was the only way for the community to contain Yuen’s violence, and said he would be forced to change his ways to have any chance of release from jail on licence.
But Yuen’s barrister, Richard Thomas, said his client had prospects for rehabilitation, had demonstrated remorse, taken responsibility for his actions, and had entered a guilty plea, albeit one week from the trial.
Mr Thomas described the shooting as an “irrational maelstrom”, and an anger-fuelled response to a perceived threat from Mr Welsh.
Yuen, Mr Thomas said, had intended to cause great harm to Mr Welsh, but not to kill him.
He said the planning that went into the killing was not significant, and said Yuen had shown insight into his offending behaviour and pledged to address his anger problems.
There was no extreme brutality, Mr Thomas argued, nor was their financial gain, organised crime elements, or multiple victims.
Mr Thomas described Yuen’s case as being in the mid-range of seriousness for the offence of murder.
Justice Penfold has reserved handing down her sentence until May 31.
Mr Welsh was ambushed as he sat in his car near the Hughes shops in May 2010.
Advertisement
The motive - described first as non-existent and later as insignificant by the Crown – came from a dispute over a set of keys and a borrowed car, which escalated after the window of Yuen’s work van was smashed.
Yuen lured his long-time friend to the Hughes shops, hid behind a wall, and then emerged in disguise, holding the shotgun at the driver’s side door.
Two shotgun rounds were fired into the car, the first fatally hitting Mr Welsh in the chest.
The court will also sentence Yuen over a vicious prison bashing last year that left a fellow inmate requiring reconstructive surgery to his face.
Crown prosecutor Shane Drumgold has mounted an argument for a life sentence for Yuen, who he described as a “seriously violent person”.
Mr Drumgold said Yuen’s actions in the lead-up to the murder were evidence of a “dogged determination to shoot Mr Welsh”, and not, as the defence argued, an irrational, anger-fuelled response to perceived threats to his safety.
As the dispute with Mr Welsh escalated, Yuen armed himself with the shotgun, wiped it of prints, put on gloves and a heavy disguise, and developed a plan to dispose of the weapon after the confrontation.
He recruited people to help him, and made repeated attempts to confront Mr Welsh at points across the city over more than three hours.
Mr Drumgold said that by shooting Mr Welsh, Yuen knew he was orphaning three young children.
He said that a life sentence was the only way for the community to contain Yuen’s violence, and said he would be forced to change his ways to have any chance of release from jail on licence.
But Yuen’s barrister, Richard Thomas, said his client had prospects for rehabilitation, had demonstrated remorse, taken responsibility for his actions, and had entered a guilty plea, albeit one week from the trial.
Mr Thomas described the shooting as an “irrational maelstrom”, and an anger-fuelled response to a perceived threat from Mr Welsh.
Yuen, Mr Thomas said, had intended to cause great harm to Mr Welsh, but not to kill him.
He said the planning that went into the killing was not significant, and said Yuen had shown insight into his offending behaviour and pledged to address his anger problems.
There was no extreme brutality, Mr Thomas argued, nor was their financial gain, organised crime elements, or multiple victims.
Mr Thomas described Yuen’s case as being in the mid-range of seriousness for the offence of murder.
Justice Penfold has reserved handing down her sentence until May 31.
沒有留言:
張貼留言