The sentencing of two men for the brazen daylight execution of a Sydney solicitor as he sat at a shopping centre cafe has been delayed due to a COVID-19 lockdown.
Gunman Arthur Keleklio pleaded guilty to murdering Ho Ledinh who was shot as he sat with friends outside the Happy Cup Cafe at Bankstown City Plaza on January 23, 2018.
A NSW Supreme Court jury in June found Abraham Sinai guilty of the murder.
This was on the basis that he was part of an arrangement for the 65-year-old lawyer to be killed, with his involvement including driving the gunman from the scene.
Justice Robert Alan Hulme was due to sentence the pair on Monday but the matter was postponed following a lockdown at Long Bay Hospital.
At their sentence hearing, Keleklio testified he only intended injuring his target, but "my finger just touched the trigger and the gun went off three times".
Prosecutor Sean Hughes argued the intention had been to kill, noting a .45 calibre handgun was used, the shooting was at close range and three shots were fired.
Keleklio's barrister Paul Coady said CCTV clearly showed his client could have shot Mr Ledinh in the back of the head but he moved positions and instead pointed the gun down towards his lower body.
Sinai's barrister Mark Tedeschi SC submitted this evidence could be accepted, also contending the CCTV showed the gun was clearly pointed down.
He referred to the "inept" plan, submitting the judge could not conclude Sinai was the organiser, or the person who recruited Keleklio.
"The amateurish way it was done in a public place where cameras actually filmed the attack itself as well as numerous cameras filming the getaway are utterly consistent with a plan to wound or injure rather than to kill."
Mr Hughes also suggested Sinai provided the gun to the shooter in the street shortly before the crime.
The new sentencing date is yet to be set down.
