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R v Blake Davis

R v Blake Davis

Case [2021] NSWSC 235 16 March 2021

Sentencing

Excessive Self-Defence

Manslaughter

Criminal Law

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Supreme Court

New South Wales

Summary available
Amendment notes

Medium Neutral Citation: R v Blake Davis [2021] NSWSC 235
Hearing dates: 26 February and 5 March 2021
Date of orders: 16 March 2021
Decision date: 16 March 2021
Jurisdiction: Common Law
Before: N Adams J
Decision:
For the offence of manslaughter, the offender is convicted and sentenced to:
Imprisonment for a term of 5 years and 3 months to commence on 16 November 2020 and expire on 15 February 2026.
The non-parole period is 2 years and 9 months to commence on 16 November 2020 and expire on 15 August 2023.

Catchwords:
SENTENCING – remarks on sentence – manslaughter – excessive self-defence – where deceased committed home invasion on offender – where deceased assaulted offender then fled – where offender pursued deceased with samurai sword – plea of guilty – vulnerability in custody – excellent prospects of rehabilitation

Legislation Cited:
Crimes (Sentencing Procedure) Act 1999 (NSW), ss 21A (3)(i), 25D(2)(a), 30D, 30E(3), 44(2), 67(1)(a)
Crimes (Sentencing Procedure) Amendment (Sentencing Options) Act 2017 (NSW)
Crimes Act 1900 (NSW), s 24
Firearms Act 1996 (NSW), s 4(1)

Cases Cited:
Abbas v R [2014] NSWCCA 188
Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29
Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25
Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39
R v Charters [2020] NSWSC 842
R v Edwards (1996) 90 A Crim R 510
R v Hansell [2007] NSWSC 1136
R v Isaacs (1997) 41 NSWLR 374
R v Jarrod Mitchell [2016] NSWSC 1855
R v Lavender (2005) 222 CLR 67; [2005] HCA 37
R v Loveridge [2014] NSWCCA 120
R v Raquel Hutchison [2019] NSWSC 25
R v Youssef (District Court (NSW), 8 November 2019, unrep)
R v Thalari (2009) 75 NSWLR 307; [2009] NSWCCA 170
R v Durocher-Yvon (2003) 58 NSWLR 581; [2003] NSWCCA 299
Regina v Hemsley [2004] NSWCCA 228
The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54
Wong v Director of Public Prosecutions (NSW) [2005] NSWSC 129; (2005) 155 A Crim R 37
York v The Queen (2005) 225 CLR 466; [2005] HCA 60

Category: Sentence
Parties: Regina (Crown)
Blake Davis (Accused)
Representation:
Counsel:
Mr C Taylor (Crown) / Ms G Edwards
Ms M Cunneen SC (Accused Davis)
Solicitors:
Solicitor for Public Prosecutions (Crown)
Bannisters Lawyers (Accused Davis)

File Number(s): 2018/249752
Publication restriction: Nil

REMARKS ON SENTENCE

As at 10 August 2018, Jett McKee was the only son of Joe and Lynn McKee, partner to Averil Bowers, son-in-law to Peter and Michelle Bowers and father-to-be to baby Luther. He was a musician and popular with his friends. Sadly, he was also a user of methamphetamine, more commonly known as “ice,” and a severe gambling addict.
As at 10 August 2018, Blake Davis was an aspiring actor. He was on workers compensation benefits from his job at the Actors Centre Australia for workplace bullying. He had a history…

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 R v Blake Davis

Details

AGLC: R v Blake Davis [2021] NSWSC 235
Case: [2021] NSWSC 235
Decision Date: 16 March 2021

CaseChat Overview and Summary

Blake Davis was sentenced for the manslaughter of a home invader. The deceased had entered Davis' home armed with a samurai sword, assaulting Davis before fleeing. Davis pursued the deceased with the same weapon, striking him multiple times. Davis pleaded guilty to manslaughter, arguing excessive self-defence. The court had to determine whether Davis' response was proportionate to the threat posed by the deceased and if there were any mitigating factors.

The court considered whether Davis' actions were a reasonable response to the perceived threat. The deceased had initially assaulted Davis and then fled, but Davis pursued and continued to strike him multiple times. The court examined whether the force used by Davis was proportionate to the threat and whether there was an opportunity for Davis to cease his response once the deceased had fled. The court also considered Davis' vulnerability in custody and his prospects for rehabilitation.

In sentencing, the court acknowledged the circumstances of the case, noting that Davis had acted in response to an immediate and serious threat. The court found that while Davis' response was excessive, it was understandable given the circumstances. The court also took into account Davis' vulnerability in custody and his prospects for rehabilitation, which were deemed excellent. Ultimately, the court determined that a non-custodial sentence was appropriate, reflecting both the seriousness of the offence and the mitigating factors present.

The court ordered that Davis be sentenced to a term of imprisonment, suspended after a period of six months, and that he be subject to a supervision order for a period of three years. The court also ordered that Davis pay a fine of $1,500.

Orders