A Gosford man found guilty of murder has argued for a reduced jail sentence, saying the fatal stabbing would not have occurred if the victim had not also had a knife.
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In a sentence hearing on Thursday, Scott David Weaver argued his initial intent when confronting 67-year old Larry White in his home on December 2019 was just to beat him up.
"One thing that may have in fact escalated the assault was the fact that Mr White armed himself," said defence barrister Tony Evers.
The 40-year old previously pleaded guilty to the manslaughter of Mr White, claiming he acted in self-defence. However, the jury rejected these arguments, finding him guilty of murder.
Mr White's body was found at his North Gosford home after being slashed several times by Weaver. A forensic expert who gave evidence at the NSW Supreme Court trial said White died from a severed femoral artery on his thigh.
Weaver had assaulted Mr White in a drug-addled rage, accusing him of having sex with his partner Yolanda Howlett.
On Thursday, Mr White's family told the court about the impact of the murder, often breaking into tears when recalling the tragedy.
Expressing a close relationship with her father, Reagan Rideout said the death had destroyed her social and professional life and left her mentally scarred with nightmares and suicidal thoughts.
"I miss my dad and I miss my old life before he was gone. My life is ruined and it will never be the same," she said.
His niece Shantelle Rideout-Chiswick said she was shocked and in disbelief at the death of her uncle, who she described as a caring soul.
She also described mental health impacts such as anxiety and depression, and said she could not leave home without fearing for her safety.
"My cousin and I will be left with a hole in our hearts forever," she told Justice Stephen Campbell.
In arguing for a shorter jail sentence, Mr Evers said Mr White's injuries did not show an intent to kill but only to cause grievous bodily harm.
"If the accused had contemplated or intended to kill, one would expect more stab wounds to have been focused on the torso," he said.
There was evidence Weaver had tried to save Mr White's life after the attack by applying a tourniquet to the wounded leg and offering CPR.
In custody since December 28, 2019, Weaver had been attacked by another inmate with a shiv. Mr Evers said this form of extra-curial punishment should also reduce the jail term.
After being told Weaver felt remorse over what happened, Justice Campbell questioned this, saying blame had squarely been aimed at Ms Howlett for the murder because of her perceived affair.
"There might be a bucketload of regret. There might be all sort of emotions along those lines, but remorse?" the judge asked.
Crown prosecutor Brian Costello said any claims by Weaver that Mr White had a knife should be rejected, saying while there was a second knife in the lounge room, it had no blood on it and was covered by a newspaper when police arrived.
The barrister also questioned whether Weaver felt remorse, saying he had told Ms Howlett not to call triple zero after the murder, and had lied to police and others.
Justice Campbell will hand down sentence on August 26.
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Australian Associated Press
