Seven shocking reasons have been put forward in court detailing why a driver who killed four children and injured three others in Sydney’s horror Oatlands crash must serve his full sentence.
Prosecutors detailed how Samuel Davidson, drunk and high on drugs, sped through a red light, drove on the wrong side of the road and forced a motorbike to swerve before mounting a footpath on February 1, 2020 and mowing down seven children walking to an ice-cream shop in a crime that shocked Australia.
Davidson was sentenced to 28 years in jail for his crime but now claims his sentence is ‘crushing’ and he deserves to have it slashed by more than a half because he’s sorry and his ADHD is making prison life difficult.
Appearing via video link from Hunter maximum security prison on Monday, Davidson sat in prison greens and a face mask, staring straight ahead as his barrister Anthony Rogers described his ‘good character’.
‘He was a 29-year-old with no significant driving offences, had never driven while intoxicated before, was appropriately remorseful and his ADHD will make his imprisonment more onerous,’ Mr Rogers said.
Davidson argued his ADHD and impulsivity made him get behind the wheel while high, but prosecutors said he’d binged on alcohol and drugs on prior occasions when off medication
Davidson, a professional truck driver, pleaded guilty to the manslaughter of Veronique Sakr, 11, (right) and her cousins, Sienna Abdallah, eight, and her siblings Angelina, 12, and Antony, 13
He argued that Davidson’s maximum 28 year sentence with a minimum 21 years expiring when he turned 51 should instead be slashed to a minimum of eight years and four months.
This would mean Davidson walking from prison in 2029 after serving seven more years for four counts of manslaughter, one count of dangerous driving causing grievous bodily harm and two of bodily harm by misconduct.
But Davidson’s appeal before Justices Paul Brereton, Christine Adamson and Natalie Adams, also heard shocking details of the wild behaviour he engaged in before he committed the offences.
Prosecutors argued he had gone off his ADHD medication on several occasions before the tragedy and had binged on alcohol and illicit drugs.
After the crash, Davidson appeared distressed and was heard saying: ‘What have I done? … I have killed people … I am going to jail’ and is now serving a maximum of 28 years
Davidson, who is locked in in Hunter maximum security prison (above) claims his ADHD made being in jail ‘onerous’ and his term should be cut by more than half
Driving while drunk and after taking cocaine and MDMA, Davidson killed Veronique Sakr, 11, and her cousins, the Abdallah siblings, Sienna, eight, Angelina, 12, and Antony, 13.
He also injured three children, causing one boy permanent brain damage.
Davidson’s lawyer argued that despite multiple victims, the offences had been caused by just a single act and that his ADHD made him drink to excess and his impulsivity had then made him get behind the wheel.
However, crown prosecutors argued that the ‘unique’ circumstances of this ‘exceptional’ case and that Davidson had been diagnosed with ADHD aged five, and had periodically ceased medication for the condition and binged on alcohol and drugs.
Prosecutors said the shocking details of Davidson’s criminal conduct could be summed up in seven shocking ways leading up to the tragedy. .
Samuel Davidson was jailed for 28 years for mowing down and killing four children aged under 14 when he was drunk and on drugs, but now claims it was an ‘excessive’ sentence and he had ADHD at the time
Immediately after Samuel William Davidson mowed down a group of children on a Sydney footpath, killing four of them, he tested positive for alcohol and drugs
On a wild ride which continued for a total of 5.3km ride, he exited a petrol station at speed and then sped through a red light.
He then engaged in ‘menacing driving’ by driving close to rear of another driver’s vehicle, about half a metre behind and swerved from side-to-side to get past the car.
‘The other driver had two children in her car, and in her rear view mirror could see Davdison and his passenger shirtless and laughing.
Davidson then drove on the incorrect side of the road and overtook another car.
‘STUCK UP HIS MIDDLE FINGER’
He then drove around a roundabout in the wrong direction, anti-clockwise, and a witness observed him laughing as he stuck up his middle finger and caused a motor bike to swerve sharply towards a gutter.
Next, Davidson accelerated through a red light on Pennant Hills Road and across four traffic lanes.
Travelling south on Bettingdon Road, he clocked up a speed of between 122kph and 125kph in what was a 50kph zone.
Samuel Davidson will be 51 before he is allowed to apply for parole, but his lawyers argued that his ADHD and ‘impulsivity’ are to blame for his offending and he should get out earlier
The Abdallah family as they were before the tragedy which took the lives of Antony (left) and two of his sisters, Sienna and Angelina
When he approached a right hand bend, he was travelling up to 133kph, and owing to his excessive speed, he entered the bend in road and lost control of his vehicle.
Mounting the kerb and footpath he struck the Abdhallah children and their cousin, killing four and injuring three, one critically.
Analysis of his vehicle later proved that during the five seconds before striking the children, his brake pedal was not engaged once.
‘After striking all seven children, the vehicle travelled a further 90m on the footpath before colliding with a road sign before changing direction to the other side of the road,’ the court heard.
At sentencing, Judge James Bennett said ‘tragedy was inevitable’ but that ‘the magnitude of the tragedy, though, unimaginable’.
‘DEVASTATION OF FAMILIES’
At the appeal hearing Justice Brereton said it was ‘the devastation’ to the families of the victims and the community which had resulted in a lengthy sentence for Davidson.
He said it was important ‘to recognise the the dignity of each of the victims’ in making the length of the sentence fit the punishment.
Davidson is two-and-a-half years into his sentence and is not expected to be eligible for parole until 2041.
Bridget Sakr (centre) and Craig Mackenzie (right) arrive at Parramatta District Court for Davidson’s sentencing
In a statement Leila Abdallah (pictured) said she, her husband and the parents of Veronique had forgiven Davidson, referring to their Christian faith and their hope he will find God and repent
Both the Abdullah children’s parents Danny and Leila and Sakr families have shown remarkable grace in the wake of the horrific incident, with Danny saying said he forgave Davidson ‘for your sake, for my sake, and most importantly for my family’s sake’.
But he also said at the time of Davidson’s sentencing that it did not matter whether he received one year or 100 years, ‘we won’t get Antony, Angelina, Sienna and Veronique back’.
‘We will all have our hearts broken until the day we take our last breath and no sentence can help ease that pain.’
Judge Bennett acknowledged Davidson suffered from ADHD but did not accept impulsivity that day caused him to drive, seen in his consciousness of guilt immediately after the crash.
Justice Brereton told the NSW Court of Criminal Appeal at the end of Monday’s hearing that the three judges would reserve their decision which will be published at a later date.
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