Police v Kieron Davison - [2020] NSWLC 6

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.
Hordern v R [2019] NSWCCA 138
Karout v R [2019] NSWCCA 253
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 Doan (2000) 50 NSWLR 115
R v Fangaloka [2019] NSWCCA 173
R v Henry [1999] NSWCCA 111
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 1947 State of New South Wales v McQuilton (Final) [2019] NSWSC 265
Veen v The Queen (No 2) [1988] HCA 14

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

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Police v Kieron Davison

Details

AGLC: Police v Kieron Davison [2020] NSWLC 6
Case: [2020] NSWLC 6
Decision Date: 19 February 2020

CaseChat Overview and Summary

The case involved an individual named Kieron Davison and the police. The dispute centred around the breach of conditions set out in an extended supervision order imposed on Davison. The matter was heard in the higher court, which was tasked with determining the appropriate sentence for Davison's breach of the order, which included a condition that he not use illicit drugs. The court also had to consider whether Davison's criminal history was an aggravating factor, and the need for specific deterrence and protection of the community.

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.

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. Hordern v R [2019] NSWCCA 138 Karout v R [2019] NSWCCA 253 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 Doan (2000) 50 NSWLR 115 R v Fangaloka [2019] NSWCCA 173 R v Henry [1999] NSWCCA 111 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 1947 State of New South Wales v McQuilton (Final) [2019] NSWSC 265 Veen v The Queen (No 2) [1988] HCA 14
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