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In California, the attempted murder of a peace officer without premeditation is punishable by a five-, seven- or nine-year sentence.

The motion also lays out evidence of premeditation and the brothers’ attempts to cover their tracks.

Orlando Pownall, defending Thomas, offered no personal mitigation on behalf of his client but said there was not a "significant degree of planning or premeditation".

The issues revolved around the degree of planning and premeditation, amount of mental and physical suffering inflicted on Holly and MacPhail's motivation for having a knife, the court heard.

He acted with deliberation and premeditation, and in asking to be billed and paying for the ticket was trying to avoid investigations into the gifts, the judge added.