R v Jason Russell DAVIS [2008] NSWSC 55

R v Jason Russell DAVIS [2008] NSWSC 55

The offence, though not at the mid-range for murder due to lack of premeditation and intention to kill, is aggravated by the offender's violent history, arming himself in anticipation, and being on bail; these justify a non-parole period slightly below the standard, but within the higher range for objective seriousness under the Crimes (Sentencing Procedure) Act 1999.

Parties
Crown: Regina; Accused: Jason Russell Davis
Jurisdiction
Australia
Judgment Date
14 February 2008
Procedural Posture
Criminal / Sentencing After Jury Conviction
Outcome
Offender sentenced to imprisonment with non-parole period of 18 years and a total term of 24 years for murder.
Legal Topics
Murder, Sentencing, Aggravating and Mitigating Factors, Non Parole Period, Objective Seriousness
Criminal Law Murder Sentencing Aggravating and Mitigating Factors Non Parole Period Objective Seriousness

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Parties

Regina

Crown

Jason Russell Davis

Accused

Procedural Posture

Criminal / Sentencing After Jury Conviction

Legal Issues

  1. 1 Whether the standard non-parole period for murder should be applied or varied
  2. 2 The relevance of intention and causation to sentence
  3. 3 Consideration of aggravating and mitigating factors under s 21A Crimes (Sentencing Procedure) Act 1999

Ratio Decidendi

The offence, though not at the mid-range for murder due to lack of premeditation and intention to kill, is aggravated by the offender's violent history, arming himself in anticipation, and being on bail; these justify a non-parole period slightly below the standard, but within the higher range for objective seriousness under the Crimes (Sentencing Procedure) Act 1999.

Court Disposition

Offender sentenced to imprisonment with non-parole period of 18 years and a total term of 24 years for murder.

Orders

  • Offender is sentenced to imprisonment consisting of a non-parole period of 18 years commencing on 8 November 2005 and expiring on 7 November 2023.
  • The balance of the term of imprisonment will be 6 years, commencing on 8 November 2023 and expiring on 7 November 2029.