Police v Kieron Davison [2020] NSWLC 6

Police v Kieron Davison [2020] NSWLC 6

Given the offender's history of repeated breaches, ongoing drug use, and demonstrated risk of violent offending while affected by drugs, the paramount consideration is protection of the community. The breach is not a mere aberration but part of a continuing pattern of non-compliance. Short sentences and previous orders have failed to promote compliance. The appropriate sentence is a term of full-time detention to address specific deterrence and public protection, with a non-parole period reflecting some allowance for rehabilitation due to special circumstances surrounding the offender's addiction and background.

Parties
Prosecution: NSW Police Force; Defendant: Kieron Davison
Jurisdiction
Australia
Judgment Date
19 February 2020
Procedural Posture
Criminal / Sentencing
Outcome
Imprisonment for 12 months with non-parole period of 6 months from 24 January 2020
Legal Topics
High Risk Offenders, Extended Supervision Orders, Breach of Conditions, Sentencing, Specific Deterrence, Protection of Community, Rehabilitation, Drug Offences
Criminal Law High Risk Offenders Extended Supervision Orders Breach of Conditions Sentencing Specific Deterrence Protection of Community Rehabilitation +1 more

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Parties

NSW Police Force

Prosecution

Kieron Davison

Defendant

Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 What is the appropriate sentence for the offender's breach of an Extended Supervision Order by use of illicit drugs?
  2. 2 Whether the offence demonstrates an ongoing risk to the community or is an uncharacteristic aberration?
  3. 3 To what extent should rehabilitation versus community protection be considered in sentencing a high risk offender for breach of ESO?

Ratio Decidendi

Given the offender's history of repeated breaches, ongoing drug use, and demonstrated risk of violent offending while affected by drugs, the paramount consideration is protection of the community. The breach is not a mere aberration but part of a continuing pattern of non-compliance. Short sentences and previous orders have failed to promote compliance. The appropriate sentence is a term of full-time detention to address specific deterrence and public protection, with a non-parole period reflecting some allowance for rehabilitation due to special circumstances surrounding the offender's addiction and background.

Court Disposition

Imprisonment for 12 months with non-parole period of 6 months from 24 January 2020

Orders

  • The offender Kieron Davison is sentenced to a non-parole period of 6 months from 24 January 2020 to 23 July 2020, with an additional term on parole of 6 months; total sentence of 12 months' imprisonment.
  • The sentence to be served by way of full-time detention.