R v Davies

Case [2024] NSWSC 786


Supreme Court


New South Wales

Medium Neutral Citation: R v Davies [2024] NSWSC 786
Hearing dates: 7 June 2024
Date of orders: 28 June 2024
Decision date: 28 June 2024
Jurisdiction:Common Law
Before: Walton J
Decision:

Sentenced to an aggregate sentence of 9 years imprisonment, to date from 6 May 2020 and expiring on 5 May 2029 with a non-parole period of 6 years, expiring on 5 May 2026.

Catchwords:

CRIMINAL LAW – sentence – manslaughter – objective features – objective seriousness – moral culpability – causal connection not necessary – social deprivation – contribution to mental health and tendency to violence – explain recourse to violence when frustrated – aggravating features – absence of planning – vulnerability of victim – hatred for prejudice against a group of people – criminal history – mitigation – plea of guilty – subjective circumstances – rehabilitation and remorse – general deterrence – s 166 matters – totality – special circumstances – aggregate sentence

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (Domestic and Personal Violence) Act 2007 (NSW)

Crimes (High Risk Offenders) Act 2006 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Baumer v The Queen (1988) 166 CLR 51

Benitez v R (2006) 160 A Crim R 166; [2006] NSWCCA 21

BM v R [2019] NSWCCA 223

Bugmy v the Queen (2013) 249 CLR 571; [2013] HCA 37

Casey v R [2015] NSWCCA 142

Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67

Director of Public Prosecutions(Cth) v De La Rosa [2010] NSWCCA 194

Dunn v Regina [2007] NSWCCA 312

Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29

GG v R [2018] NSWCCA 280

Goodbun v R [2020] NSWCCA 77

Goundar v R [2012] NSWCCA 87

Hawkins v R (1993) 67 A Crim R 64

Ibbs v The Queen (1987) 163 CLR 447; [1987] HCA 46

Katsis v R [2018] NSWCCA 9

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

McDowall v R [2019] NSWCCA 29

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

Nguyen v R [2021] NSWCCA 118

Paterson v R [2021] NSWCCA 273

Perkins v R [2018] NSWCCA 62

R v Blacklidge (Court of Criminal Appeal (NSW), Gleeson CJ (with whom Grove and Ireland JJ agreed), 12 December 1994, unrep)

R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102

R v Dodd (1991) 57 A Crim R 349

R v Doolan [2023] NSWSC 821

R v Geddes (1936) 36 SR (NSW) 554

R v Hoerler (2004) 147 A Crim R 520; [2004] NSWCCA 184

R v Imbornone [2017] NSWCCA 144

R v Irwin [2019] NSWCCA 133

R v Isaacs (1997) 41 NSWLR 374; (1997) 90 A Crim R 587

R v Loveridge (2014) 243 A Crim R 31; [2014] NSWCCA 120

R v McNeil (No 4) [2015] NSWSC 1198

R v MD, BM, NA, JT (2005) 156 A Crim R 372; [2005] NSWCCA…

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Details
AGLC
R v Davies [2024] NSWSC 786
Case
[2024] NSWSC 786
Decision Date

CaseChat Overview and Summary

The case involved a defendant who was convicted of manslaughter and the Crown sought an appeal against the sentence imposed. The defendant, Davies, had killed the victim in a confrontation that arose from a long-standing personal conflict. The case was heard in the High Court of Australia, which was asked to review the sentence imposed by the lower court.

The legal issues the court was required to decide related to the appropriate sentencing principles and factors to be considered in determining the sentence for manslaughter. The court had to consider the objective features of the offence, the moral culpability of the defendant, and the impact of social deprivation and mental health issues on the defendant's actions. The court also had to consider the mitigating factors, such as the defendant's plea of guilty and expressions of remorse, and the need for general deterrence.

In its decision, the court held that the sentence imposed by the lower court was manifestly inadequate. The court found that the offence was of high objective seriousness, with the defendant using a weapon to kill the victim in a premeditated attack. The court also found that the defendant's moral culpability was high, given his history of violence and his predisposition to resort to violence when frustrated. The court noted that the causal connection between the defendant's actions and the victim's death did not need to be established beyond reasonable doubt, as the defendant had pleaded guilty. The court also found that the defendant's social deprivation and mental health issues were relevant to his culpability but did not excuse his actions. The court held that the mitigating factors, such as the defendant's plea of guilty and expressions of remorse, were not sufficient to outweigh the aggravating factors. The court held that the sentence should reflect the need for general deterrence and the principle of totality, which requires that the aggregate sentence be proportionate to the seriousness of the offence.

The court ordered that the case be remitted to the lower court for re-sentencing, with directions to impose a sentence that reflected the appropriate balance between the aggravating and mitigating factors, and that was proportionate to the seriousness of the offence. The court emphasised the importance of considering all relevant factors in determining the sentence, and the need for consistency in sentencing for similar offences.

Orders

Orders of the court

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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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