District Court
New South Wales
Medium Neutral Citation: R v Davidson [2021] NSWDC 164 Hearing dates: 19 March 2021 Date of orders: 09 April 2021 Decision date: 09 April 2021 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Aggregate sentence of imprisonment of 28 years with a non-parole period of 21 years
Catchwords: CRIME — Manslaughter
CRIME — Driving offences — Dangerous driving occasioning grievous bodily harm
SENTENCING — Relevant factors on sentence — Maximum penalty
SENTENCING — Relevant factors on sentence — Moral culpability
SENTENCING — Relevant factors on sentence — Multiple offences
SENTENCING — Plea of guilty — Committal for sentence
SENTENCING — Probation and parole — Non-parole period
SENTENCING — Relevant factors on sentence — Circumstances of offence
SENTENCING — Relevant factors on sentence — Multiple offences — Aggregate sentences
SENTENCING — Relevant factors on sentence — Objective seriousness
SENTENCING — Relevant factors on sentence — Parole period
SENTENCING — Relevant factors on sentence — Purposes of sentencing
SENTENCING — Relevant factors on sentence — Victim attitude to offender
SENTENCING — Sentencing procedure — Expert reports
SENTENCING — Sentencing procedure — Pronouncement of sentence
SENTENCING — Sentencing procedure — Reasons for sentence
SENTENCING — Subjective considerations on sentence — Intoxication
SENTENCING — Aggravating factors — Substantial harm, injury, loss or damage — Victim impact statement
SENTENCING — Aggravating factors — Without regard for public safety
Legislation Cited: Crimes Legislation Amendment (Victims) Act 2018
Crimes (Sentencing Procedure) Act 1999
Road (Transport) Act 2013
Cases Cited: Crowley v The Queen [2021] NSWCCA 45
Henderson v R (NSWCCA, unreported, 5/11/1997)
Imbornone v R [2017] NSWCCA 144
Muldrock v The Queen [2011] HCA 39
RHMcL v R [2000] 203 CLR 452
R v Glen (NSWCCA Unreported 19/12/94)
Sheehan v R [No 2] [2006] NSWCCA 332
TheQueenv Borkowski [2009] NSWCCA 102
The Queen v Holder [1983] 3 NSWLR 245
The Queen v Palu (2002) 134 A Crim R 174
The Queen v Pearce [1998] 103 A Crim R 372
Category: Sentence Parties: Regina (Crown)
Samuel William Davidson (Offender)Representation: Frank Veltro SC (Crown Prosecutor)
Monika Knowles (Junior counsel)Peter Nematalla (Counsel for the Offender)
Director of Public Prosecutions (NSW) (Crown)
Crawford and Duncan Lawyers
File Number(s): 2020/00033651
REVISED JUDGEMENT
SENTENCE
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Samuel William Davidson appears for sentence upon seven charges arising from his management of a motor vehicle on 1 February 2020 and another two offences which are before the Court pursuant to s 166 Criminal Procedure Act 1986 to be withdrawn at the conclusion of the sentence proceedings. The offences are:
Sequence 1, the manslaughter of Angelina Abdallah born 24 December 2007. At the time she was approaching 13 years of age and would now be that age.
Sequence 2, manslaughter of Sienna Abdallah born 9 August 2011. At the time she was approaching nine years of age and would now be ten years of…
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- AGLC
- R v Davidson [2021] NSWDC 164
- Case
- [2021] NSWDC 164
- Decision Date
CaseChat Overview and Summary
The court had to decide the appropriate aggregate sentence for the multiple offences committed by Davidson, including the determination of the maximum penalty, moral culpability, and the objective seriousness of the crimes. It was necessary to consider the circumstances of the offence, the impact on the victim, and the purposes of sentencing, including deterrence and rehabilitation. The court also had to assess the non-parole period and the parole period, as well as the relevance of the victim's attitude towards Davidson.
In determining the sentence, the court took into account the plea of guilty, the expert reports submitted, and the victim impact statement. The court found that the crimes were of substantial harm and were committed without regard for public safety. It also considered Davidson's level of intoxication at the time of the offences. After weighing all the relevant factors, the court imposed an aggregate sentence of imprisonment of 28 years with a non-parole period of 21 years. The reasons for the sentence were clearly articulated by the court, and the pronouncement of the sentence was made in accordance with the sentencing procedure.
The final orders of the court were that Davidson be sentenced to an aggregate term of imprisonment of 28 years, with a non-parole period of 21 years. This sentence reflected the court's consideration of the various factors and the appropriate punishment for the crimes committed by Davidson.
Orders
Orders of the court
Aggregate sentence of imprisonment of 28 years with a non-parole period of 21 years
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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