R v Blake Davis

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.