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
Criminal Procedure Act 1986
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 Burton [2008] NSWCCA 128
R v Glen (NSWCCA Unreported 19/12/94)
R v Qutami [2001] NSWCCA 353
Ryan v R [1982] 149 CLR 1
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

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…

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 Davidson

Details

AGLC: R v Davidson [2021] NSWDC 164
Case: [2021] NSWDC 164
Decision Date: 09 April 2021

CaseChat Overview and Summary

Davidson was charged with multiple serious criminal offences, including manslaughter and dangerous driving occasioning grievous bodily harm. The case was heard in the Supreme Court of New South Wales. The dispute centred on the severity of the crimes committed by Davidson and the appropriate sentencing that should be imposed, taking into account the various factors and the plea of guilty.

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

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

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Citations

AGLC Citation

R v Davidson [2021] NSWDC 164

Most Recent Citation

R v Koosmen [2024] NSWDC 161

Cases citing this decision · 1 of 1 shown

R v Koosmen
[2024] NSWDC 161 Para 272

…With respect to the four counts of manslaughter, the indicative sentence at first instance (per Bennett SC DCJ: R v Davidson [2021] NSWDC 164 ) was 14 years and 3 months. With respect to one count of aggravated dangerous driving occasioning grievous bodily harm, the indicative sentence was 6 years, and with respect…

View all 1 citing cases →

Cases cited in this decision · 11 of 11 shown

Crowley v R
[2021] NSWCCA 45

…ure Act 1986 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 R H McL v R [2000] 203 CLR 452 R v Burton [2008] NSWCCA 128 R v Glen (NSWCCA Unreported 19/12/94) R v Qutami [2001…
R v Holder
[2019] SASCFC 73 Para 102

…osed does not exceed the totality of the wrongdoing upon which the offender engaged. I was reminded of authorities such as The Queen v Holde r [1983] 3 NSWLR 245 and in particular the judgement of Street CJ. I was reminded that what was said by the High Court of Australia in The Queen v Pearce [1998] 103 A Cri…
Imbornone v R
[2017] NSWCCA 144

…] NSWCCA 45 Henderson v R (NSWCCA, unreported, 5/11/1997) Imbornone v R [2017] NSWCCA 144 Muldrock v The Queen [2011] HCA 39 R H McL v R [2000] 203 CLR 452 R v Burton [2008] NSWCCA 128 R v Glen (NSWCCA Unreported 19/12/94) R v Qutami [2001] NSWCCA 353 Ryan v R [1982] 149 CLR 1 Sheehan v R [No 2] [2006] NSWCCA 332 Th…
Muldrock v The Queen
[2011] HCA 39

…ported, 5/11/1997) Imbornone v R [2017] NSWCCA 144 Muldrock v The Queen [2011] HCA 39 R H McL v R [2000] 203 CLR 452 R v Burton [2008] NSWCCA 128 R v Glen (NSWCCA Unreported 19/12/94) R v Qutami [2001] NSWCCA 353 Ryan v R [1982] 149 CLR 1 Sheehan v R [No 2] [2006] NSWCCA 332 The Queen v Borkowski [2009] NSWCCA 1…
R v Robert Borkowski
[2009] NSWCCA 102 Para 103

…ons included guidance upon where I should place the objective seriousness of the misconduct with reference to decisions such as The Queen v Borkowski [2009] NSWCCA 102 and the judgement of Howie J at [58] who identified manslaughter as standing at the very pinnacle of the structure of offences arising from vehicular…
R v Burton
[2008] NSWCCA 128 Para 58

…Johnson J, said, with reference to authority in R v Burton [2008] NSWCCA 128 at [102]:…
Sheehan [No 2] v Regina
[2006] NSWCCA 332 Para 102

…Australia in The Queen v Pearce [1998] 103 A Crim R 372 and the approach taken when sentencing for multiple offences discussed in Sheehan v R [No 2] [2006] NSWCCA 332 citing a passage from R H McL v R [2000] 203 CLR 452 in which the plurality of Gleeson CJ, Gaudron and Callinan JJ quoted Brennan J in Ryan v R [1982…
R v Palu
[2002] NSWCCA 381 Para 57

…In The Queen v Palu (2002) 134 A Crim R 174, Howie J with whom the other members of the Court agreed said:…
R v Qutami
[2001] NSWCCA 353

…rton [2008] NSWCCA 128 R v Glen (NSWCCA Unreported 19/12/94) R v Qutami [2001] NSWCCA 353 Ryan v R [1982] 149 CLR 1 Sheehan v R [No 2] [2006] NSWCCA 332 The Queen v Borkowski [2009] NSWCCA 102 The Queen v Holde r [1983] 3 NSWLR 245 The Queen v Palu (2002) 134 A Crim R 174 The Queen v Pearce [1998] 103 A Crim R 372 C…
R H McL v The Queen
[2000] HCA 46 Para 102

…d the approach taken when sentencing for multiple offences discussed in Sheehan v R [No 2] [2006] NSWCCA 332 citing a passage from R H McL v R [2000] 203 CLR 452 in which the plurality of Gleeson CJ, Gaudron and Callinan JJ quoted Brennan J in Ryan v R [1982] 149 CLR 1 which imposed upon a sentencing court to…
Ryan v the Queen
[1982] HCA 30 Para 102

…iting a passage from R H McL v R [2000] 203 CLR 452 in which the plurality of Gleeson CJ, Gaudron and Callinan JJ quoted Brennan J in Ryan v R [1982] 149 CLR 1 which imposed upon a sentencing court to assess sentence having regard to the entire course of criminal conduct to ensure that a penalty is not impos…

Legislation cited in this decision · 4

Road Transport Act 2013 (NSW)
2 mentions (from Para 9)
Crimes (Sentencing Procedure) Act 1999 (NSW)
1 mention (from Para 2)
Crimes Legislation Amendment (Victims) Act 2018 (NSW)
1 mention (from Para 59)
Criminal Procedure Act 1986 (NSW)
1 mention (from Para 1)

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 Criminal Procedure Act 1986 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 Burton [2008] NSWCCA 128 R v Glen (NSWCCA Unreported 19/12/94) R v Qutami [2001] NSWCCA 353 Ryan v R [1982] 149 CLR 1 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