Local Court
New South Wales
Medium Neutral Citation: Police v Kieron Davison [2020] NSWLC 6 Hearing dates: 12 February 2020 Date of orders: 19 February 2020 Decision date: 19 February 2020 Jurisdiction: Criminal Before: P D Stewart LCM Decision: Imprisonment 12 months with non-parole period 6 months from 24 January 2020
Catchwords: HIGH RISK OFFENDERS — Extended supervision orders — Breach of Conditions — Unacceptable risk of committing a serious offence
SENTENCING — Relevant factors on sentence — Deterrence — Specific deterrence –
Breach of extended supervision order – condition of Order not to use illicit drugs – risk of committing further serious violence offence due to substance abuse – whether contravention of Order is an uncharacteristic aberration or a continuing attitude of disobedience of the law – whether the criminal record is an aggravating factor – issues of specific deterrence and protection of society – deprived upbringing – drug addiction from early age – ongoing need for rehabilitation – protection of community paramount consideration
Legislation Cited: Crimes (Administration of Sentences) Act1999 s 160A
Crimes (High Risk Offenders) Act 2006 No 7 ss 12, 3
Crimes (Sentencing Procedure) Act 1999 ss 3A, 5, 21A, 66
Drug Misuse and Trafficking Act 1985 s12
Cases Cited: Bugmy v The Queen [2013] HCA 37
Fangaloka v R [2020] HCASL 12.
Lynn v State of New South Wales [2019] NSWCA 300
Muldrock v The Queen [2011] HCA 89
R v Borkowski [2009] NSWCCA 102
R v Fangaloka [2019] NSWCCA 173
R v Thomson, R v Houlton [2000] NSWCCA 309
Rushby [1977] 1 NSWLR 594
State of New South Wales v BG (Final) [2019] NSWSC 200
State of New South Wales v Davison (final) [2019] NSWSC 1140
State of New South Wales v DK (Preliminary) [2018] NSWSC 1947State of New South Wales v McQuilton (Final) [2019] NSWSC 265
Category: Sentence Parties: NSW Police Force (prosecution)
Kieron Davison (defendant)Representation: Mr B Thomson, Special Counsel, Crown Solicitor’s Office, for the prosecution
Mr D Bhutani, Solicitor, Legal Aid Commission, for the defendant
File Number(s): 2020/ 00025247 Publication restriction: Nil
Judgment
-
The offender Kieron Davison pleaded guilty to an offence of ‘Failing to Comply with an Extended Supervision Order’ contrary to section 12 of the Crimes (High Risk Offenders) Act 2006.
-
The plea of guilty was entered immediately upon an unsuccessful release application before me at Central Local Court on 30 January 2020. A discount of 25% is allowed for the utilitarian value of the early guilty plea in conformity with the decisions of R v Thomson; R v Houlton [2000] NSWCCA 309 and R v Borkowski [2009] NSWCCA 102.
-
The maximum penalty is 5 years imprisonment, however the jurisdictional limit of the Local Court is 2 years. The principles enunciated in R v Doan (2000) 50 NSWLR 115
Continue reading Police v Kieron Davison
Sign in free to access the full text
- AGLC
- Police v Kieron Davison [2020] NSWLC 6
- Case
- [2020] NSWLC 6
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether Davison's contravention of the order was an isolated incident or a persistent disregard for the law, and whether his criminal record should be considered an aggravating factor. The court also needed to weigh the issues of specific deterrence and the protection of society against Davison's deprived upbringing, drug addiction, and ongoing need for rehabilitation.
The court considered Davison's deprived upbringing and drug addiction from an early age, but ultimately found that the protection of the community was the paramount consideration. The court concluded that Davison's breach of the extended supervision order was not an isolated incident but indicative of a continuing attitude of disobedience of the law. It further found that Davison's criminal record was an aggravating factor, and that specific deterrence and the protection of society were crucial considerations in determining the sentence. The court imposed a sentence of imprisonment for 12 months with a non-parole period of six months, to commence from 24 January 2020.
Orders
Orders of the court
Imprisonment 12 months with non-parole period 6 months from 24 January 2020
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.