'Seriously violent person' deserves life in jail, says prosecution

By Christopher Knaus
Updated April 18 2018 - 11:34pm, first published April 24 2013 - 4:37pm

Prosecutors have called for murderer Kai Yuen to be sentenced to life behind bars, saying it is the only way the community can contain his violence.
ACT Supreme Court Justice Hilary Penfold has begun considering a sentence for Yuen, 28, who shot dead his long-time friend Brendan Scott Welsh near the Hughes shops in May 2010.
Justice Penfold is expected to take just over a month to hand down the sentence for the murder. Defence lawyers are arguing for a fixed sentence of 18 years.
The motive for the killing – described as non-existent and later as insignificant by the Crown on Tuesday – 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 Welsh to the shops, hid behind a wall and then emerged in disguise, pointing a shotgun at the driver’s side door of Welsh’s car. Two shotgun rounds were fired into the vehicle, the first fatally hitting Welsh in the chest.
The court will also sentence Yuen over a prison bashing last year that left an inmate requiring reconstructive facial surgery.
Crown prosecutor Shane Drumgold described Yuen as a ‘‘seriously violent person’’ who had reacted disproportionately to minor triggers in the murder and the prison bashing.
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.
Mr Drumgold said the 28-year-old had armed himself with the shotgun, wiped prints off it, 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 Welsh at points across the city over more than three hours.
Mr Drumgold said Yuen knew he was orphaning three young children by shooting Welsh.
He said a life sentence was the only way for the community to contain Yuen’s violence and said Yuen would be forced to change his ways to have any chance of release from jail ‘‘on licence’’.
But Richard Thomas, Yuen’s barrister, said his client had prospects for rehabilitation, had demonstrated remorse, taken responsibility for his actions and 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 Welsh.
Yuen, Mr Thomas said, had intended to cause great harm to Welsh but not to kill him.
Justice Penfold has reserved handing down her sentence until May 31.

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