COURT DETERMINES THE SENTENCE OF AN ACCUSED CHARGED WITH MANSLAUGHTER FOR ATTACKING THE DECEASED WITH A SAMURAI

R v Blake Davis [2021] NSWSC 235 (16 March 2021)

This is a sentencing proceeding against the accused who is charged with manslaughter. The accused in this case invoked the special circumstances that he has a mental illness and has no criminal history.

Facts:

Prior to 10 August 2018, Jett McKee had not met either Mr Davis or Ms Quinn, although he knew of them as drug dealers. On that day Mr McKee consumed a toxic to lethal dose of ice and attempted a violent home invasion of Mr Davis’ home whilst Ms Quinn was present. He was motivated to steal their drug money in order to secure funds for his unborn child having gambled all of his own money away. Mr McKee died that day from a massive head wound caused by a samurai sword wielded by Mr Davis.

Mr Davis was charged with the murder of Mr McKee. He was remanded in custody until 3 December 20!8 at which time he was released on bail.

Mr Davis pleaded not guilty to the murder of Mr McKee. On 22 December 2020, the jury found him not guilty of murder but guilty of the manslaughter of Mr McKee. Mr Davis now stands to be sentenced for that offence.

The maximum penalty for the offence of manslaughter is 25 years’ imprisonment.

Issue: What should the sentence against Mr. Davis be?

Law:

• Crimes (Sentencing Procedure) Act 1999 SS.21A (3)(i), 25D(2)(a), 30D, 30E(3), 44(2), 67(1)(a)

Analysis:

Dr Stephen Allnutt provided two reports. He conducted clinical evaluations of Mr Davis on 8 November 2020 (for the trial) and 15 February 2021 (for the sentence). His initial diagnosis was chronic PTSD with depression, although he noted that symptoms of PTSD and depression can overlap. He noted a history of anxiety disorder characterised by panic attacks. Dr Allnutt’s opinion was that Mr Davis also had chronic PTSD and a major depressive disorder, with associated panic attacks at that time of the fatal blow. His evidence was that the death of Mr McKee has contributed to these symptoms as had his time in custody on remand.

The court is satisfied that Mr Davis’ pre-existing anxiety and PTSD, along with the effects of the concussion and the trauma from the home invasion all led him to believe that he had to save Ms Quinn that day. The jury no doubt accepted that evidence. That is why he was convicted of manslaughter rather than murder. Based on the uncontradicted medical evidence, the facts in this matter means that less weight needs to be given to general deterrence in the sentence to be imposed. The court is also satisfied that Mr Davis’ time in custody will weigh on him more heavily given these mental health issues.

Also, Mr Davis participated in the Early Appropriate Guilty Plea (“EAGP”) scheme. The Sentencing Act provides that a court is to reduce the sentence that would otherwise be imposed by 25% had the plea been accepted in the Local Court. Accordingly, the court proposes to afford Mr Davis a discount of 25% for the utilitarian value of the plea.

Furthermore, Putting to one side the question of drug dealing, there is no evidence at all that he was ever a violent person prior to this date. He has no criminal history and there was no evidence that he was known to police at all.

The court is satisfied that there is a basis for finding special circumstances being the fact that it is his first sentence and he has significant mental health issues.

Conclusion: Hence, for the offence of manslaughter, the offender is convicted and sentenced to imprisonment for a term of 5 years and 3 months to commence and a non-parole period of 2 years and 9 months.

#SentencingLaw