REGINA v. DAVIS [1999] NSWSC 876

REGINA v. DAVIS [1999] NSWSC 876

The sentence must reflect both the objective gravity of the murder offence and the mitigating circumstances arising from the accused's cooperation, guilty plea, emotional vulnerability, depression, and influence from his brother, resulting in a reduction to 16 years imprisonment (minimum of 12 years, additional term of 4 years).

Jurisdiction
Australia
Judgment Date
27 August 1999
Procedural Posture
Criminal / Sentencing After Plea of Guilty
Outcome
Conviction and sentencing
Legal Topics
['murder' 'sentencing' 'mitigation' 'provocation' 'cooperation With Authorities']
['criminal Law'] ['murder' 'sentencing' 'mitigation' 'provocation' 'cooperation With Authorities']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal / Sentencing After Plea of Guilty

Legal Issues

  1. 1 ['Appropriate sentence for murder committed under influence and provocation' "Effect of accused's cooperation and guilty plea on sentencing" 'Consideration of mitigating factors including mental health and influence by sibling']

Ratio Decidendi

The sentence must reflect both the objective gravity of the murder offence and the mitigating circumstances arising from the accused's cooperation, guilty plea, emotional vulnerability, depression, and influence from his brother, resulting in a reduction to 16 years imprisonment (minimum of 12 years, additional term of 4 years).

Court Disposition

Conviction and sentencing

Orders

  • ['Troy Clayton Davis sentenced to penal servitude for 16 years.' 'Minimum term of 12 years from 14 November 1998 to 13 November 2010.' 'Additional term of 4 years from 14 November 2010 to 13 November 2014.' 'Eligible for parole on 13 November 2010.']