The drugged driver who mowed down and killed four young children is seeking a second appeal after claiming his ADHD diagnosis may have been linked to the horror accident.
Danny and Leila Abdallah’s three children, Sienna, eight, Angelina, 12, and Antony, 13 and their cousin Veronique Sakr, 11, were walking to get ice cream in Oatlands, western Sydney, when Samuel William Davidson mounted the kerb and killed all four in February, 2020.
Samuel William Davidson has his jail term slashed by eight years last after killing four children in Oatlands in 2020, and is looking to appeal the sentence again
In July, the NSW Court of Criminal Appeal decided that Davidson’s original 28-year sentence, carrying a non-parole period of 21 years, was manifestly excessive and reduced by eight years.
Davidson is now appealing that sentence seeking permission from the High Court to overturn the decision after claiming judges failed to determine whether his ADHD could have been linked to the incident.
Antony (far left), 13, Angelina (far right), 12, and Sienna Abdallah (front left), 9, were killed in the horror accident on February 1, 2020
The original sentence for Davidson was 28 years in jail with a non-parole period of 21 years after he pleaded guilty to numerous offences, including manslaughter.
But a majority decision handed down by the NSW Court of Criminal Appeal in July saw that reduced to 20 years behind bars with a non-parole period of 15 years.
His barrister, Stephen Odgers SC, has lodged paperwork in the High Court to seek permission to appeal the latest sentence and further reduce his time in prison.
Representatives for Davidson are looking to appeal his sentence again after claiming justices didn’t decide whether his ADHD was a factor in the accident
Documents from the High Court, as reported by the Telegraph, say Davidson’s ADHD made him prone to ‘drink excessively in the first place’, according to psychiatrist Dr Richard Furst.
He said ‘the decision to drive in the first place, apparently to obtain (or) withdraw money he owed, whilst intoxicated, was probably also influenced by his ADHD’.
Their argument is based around three factors – one that suggests two Court of Criminal Appeal justices failed to conclude whether his condition influenced his behaviour on the day of the accident.
Should the High Court grant a second appeal, Davidson’s representation will request the case be sent back to the CCA for resentencing.
Veronique’s mother Bridget Sakr slammed the attempt as ‘farcical’ and said it had rammifications for the entire community.
‘It’s clutching at straws to find any reason. He could have actually not gotten into the vehicle and crashed and killed four children,’ she said.
‘He’s already got 25 per cent off for pleading guilty, then he got another reduction and he’s going back again.
‘I wonder what the Australian community would think if they knew their taxpayer funds are going to Samuel Davidson.’
In July, Mr Abdallah said the decision to reduce Davidson’s sentence to just 20 years with a non-parole period of 15 years was ‘disappointing’ and he was unable to see how his children’s killer was successful in the appeal.
Danny and Leila Abdallah (pictured) were left disappointed in the justice system after an appeal saw the killer of their three children have his sentence reduced by eight years
‘Today is a tough one, it brought us back to the tragedy, we were slowly moving forward and focusing on the kids but it just brought us back there again,’ Mr Abdallah told 2GB’s Jim Wilson.
‘Look four (children) died and three are spiritually dead they’re just walking around with grief and pain.
‘Although we did forgive the driver, I’m just disappointed by the justice system.’
Mr Abdallah, who has four children with wife Leila, said his children who survived the incident couldn’t understand why the sentence had been reduced, and felt ‘let down’.
‘At the end of the day what they’re (justice system) doing is they’re giving permission for other people to take drugs and drink alcohol and drive because the sentence is going to be not much,’ he said.
‘It’s not about me and my family, it’s the next family that goes through this.
‘What example have we shown society when someone does something like that?
‘We’ve got to live with our life sentence.’