R v Davis (No 2) [2016] NSWSC 1785

Supreme Court New South Wales

Medium Neutral Citation: R v Davis (No 2) [2016] NSWSC 1785 Hearing dates: 12 December 2016 Decision date: 13 December 2016 Jurisdiction: Common Law Before: R A Hulme J Decision: Imprisonment for a term of 40 years with a non-parole period of 30 years Catchwords: CRIMINAL LAW – sentence – two counts of murder – one of attempted murder – nursing assistant who injected aged care facility residents with insulin – intention to kill – vulnerable victims – extreme breach of trust – criteria for life sentence not established – offences well above midrange – subjective circumstances do little to mitigate penalty – good character – no guilty plea – where offender maintains his innocence – no basis for a finding of special circumstances – strong need for general deterrence and recognition of harm caused – aggregate sentence imposed Legislation Cited: Crimes Act 1900 (NSW) ss 18, 19A, 27 Crimes (High Risk Offenders) Act 2006 (NSW) Cases Cited: R v Davis [2016] NSWSC 1362 Category: Sentence Parties: Regina Garry Steven Davis Representation: Counsel: Mr L Carr (Crown) Mr C Watson (Offender)

Solicitors: Solicitor for Public Prosecutions Ramsland Laidler File Number(s): 2014/370401

Judgment 1. HIS HONOUR: Garry Steven Davis ("the offender") was arraigned before me on 29 August 2016 and pleaded not guilty to the following counts in the indictment: 1. Murder of Ms Gwendolyne Fowler contrary to s 18 of the Crimes Act 1900 (NSW). 2. Administer poison with intent to murder Ms Audrey Manuel contrary to s 27 of the Crimes Act. 3. Murder of Mr Ryan Kelly contrary to s 18 of the Crimes Act. 1. The offender stood trial before me without a jury. On 28 September 2016 I returned verdicts of guilty on each count: R v Davis [2016] NSWSC 1362. The offender is now to be sentenced for each of those offences. 2. The crime of murder is one that carries a maximum penalty of imprisonment for life (s 19A of the Crimes Act) and a standard non-parole period of 20 years. The offence of administer a poison with intent to murder carries a maximum penalty of 25 years imprisonment and a standard non-parole period of 10 years. These are the statutory guideposts that I must bear in mind when assessing the appropriate sentences to be imposed in the light of all of the relevant facts and circumstances.