Hannah Quinn avoids jail time after samurai sword killing
R v Hannah Quinn (No 1) [2021] NSWSC 493 (7 May 2021)
This is a sentencing proceeding against Hannah Quinn who is found guilty as an accessory to the crime of manslaughter when she and her boyfriend ran away after the latter killed Jett McKee when Mr. McKee violently invaded the home of Ms. Quinn’s boyfriend.
Facts:
On 10 August 2018, Hannah Quinn was a 25-year-old waitress who had recently commenced early childhood studies. Her boyfriend Blake Davis lived at 87A Hereford Street in Glebe. On that day, Ms Quinn awoke at about midday in the home of Mr Davis. It was a sunny day. She walked to a nearby café to get takeaway breakfast for them both before returning to Mr Davis’ home.
Ms Quinn could never have anticipated at that time that within minutes her life would be changed forever, that she and Mr Davis would be the victims of a violent home invasion by Jett McKee, that Mr Davis would go on to kill Mr McKee and that she herself would be charged with his murder.
Ms Quinn did not remain at the scene after Mr Davis killed Mr McKee. Instead, she fled with Mr Davis and remained with him over the next few days as she checked them both in and out of various hotels around Sydney. They both handed themselves to the police on 13 August 2018. They were both charged with the murder of Mr McKee the following day.
The jury further found Ms Quinn guilty of the charge of accessory after the fact to manslaughter. Ms Quinn now stands to be sentenced for that offense. The maximum penalty for the offense of being an accessory after the fact to manslaughter is 5 years imprisonment.
The Crown submitted that Ms Quinn’s acts of assistance fell just within the mid-range of objective seriousness whereas counsel for Ms Quinn submitted that the offending was at the very lowest end of the range of objective seriousness for accessory after the fact to manslaughter.
Also, It was submitted on behalf of Ms Quinn that her diagnosis of ADHD should be taken into account as a mitigating factor on the basis that Ms Quinn was not fully aware of the consequences of her actions.
Issue: What should the sentence of Ms. Quinn be?
Analysis:
Ms Quinn was aware of the circumstances of the offense, having been present for the home invasion and the fatal sword strike. Those circumstances include that her boyfriend had acted excessively in killing an intruder who had attempted a home invasion of them.
Her criminality is to be assessed over the period from when she realized Mr Davis had killed Mr McKee until the point that Mr Davis decided to hand himself to the police.
Having just suffered this attack by Mr McKee and then witnessing Mr Davis’ response, Ms Quinn acted out of a sense of misguided loyalty and emotional attachment to Mr Davis.
Overall, the objective seriousness is comfortably below the mid-range of seriousness for offenses of this type
As to the mitigating circumstance of mental illness, the characteristics of ADHD, and to some extent her behavior that day is consistent with an adult who suffers from that condition. Despite this, given all the other evidence as to the circumstances at that time, the court is not satisfied that her ADHD contributed to the commission of the crime in any meaningful way
Conclusion: Pursuant to S.8(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), the offender is placed on a community corrections order for a period of 2 years.
