Regina v Brett Arthur DAVENPORT [2001] NSWSC 1083

Regina v Brett Arthur DAVENPORT [2001] NSWSC 1083

The prisoner was to be sentenced for murder on the basis that, when he stabbed the deceased with a knife, he intended to inflict grievous bodily harm but it was not proved beyond reasonable doubt that he intended to kill or that he deliberately armed himself before returning to Leppington Rentals. The offence was objectively serious because he used a knife. Although he was remorseful and not without prospects of rehabilitation, no special circumstances were established because the statutory ratio would provide an adequate period of supervision on parole. A sentence of fifteen years imprisonment with a non-parole period of eleven years and three months was imposed.

Jurisdiction
Australia
Judgment Date
07 December 2001
Procedural Posture
Criminal Sentencing for Murder / Sentence After Jury Verdict of Guilty of Murder
Outcome
Sentenced to a term of fifteen years imprisonment commencing 14 May 2000, with a non-parole period of eleven years and three months; first eligible for consideration for release to parole on 13 August 2011.
Legal Topics
['murder' 'intention to Inflict Grievous Bodily Harm' 'alcohol Related Violence' 'use of Knife' 'victim Impact Statement' 'non Parole Period' 'special Circumstances']
['criminal Law' 'sentencing'] ['murder' 'intention to Inflict Grievous Bodily Harm' 'alcohol Related Violence' 'use of Knife' 'victim Impact Statement' 'non Parole Period' 'special Circumstances']

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Procedural Posture

Criminal Sentencing for Murder / Sentence After Jury Verdict of Guilty of Murder

Legal Issues

  1. 1 ['What factual basis should be adopted for sentence, including whether the prisoner intended to kill or intended to inflict grievous bodily harm.' 'Whether the offence involved premeditation or deliberate arming with a knife before the fatal visit.' 'What weight should be given to the victim impact statement in a case of unlawful homicide.' 'Whether special circumstances under s 44(2) of the Crimes (Sentencing Procedure) Act 1999 justified departure from the statutory proportion between the head sentence and non-parole period.' 'What sentence and non-parole period should be imposed for the murder.']

Ratio Decidendi

The prisoner was to be sentenced for murder on the basis that, when he stabbed the deceased with a knife, he intended to inflict grievous bodily harm but it was not proved beyond reasonable doubt that he intended to kill or that he deliberately armed himself before returning to Leppington Rentals. The offence was objectively serious because he used a knife. Although he was remorseful and not without prospects of rehabilitation, no special circumstances were established because the statutory ratio would provide an adequate period of supervision on parole. A sentence of fifteen years imprisonment with a non-parole period of eleven years and three months was imposed.

Court Disposition

Sentenced to a term of fifteen years imprisonment commencing 14 May 2000, with a non-parole period of eleven years and three months; first eligible for consideration for release to parole on 13 August 2011.

Orders

  • ['Brett Arthur Davenport is sentenced to a term of fifteen years imprisonment to date from 14 May 2000.' 'A non-parole period of eleven years and three months is specified.' 'The first date on which the prisoner will be eligible for consideration for release to parole is 13 August 2011.']