Man loses attempt to reduce jail time

Brisbane Supreme District Court
Brisbane Supreme District Court Rae Wilson

A MAN who dumped a diabetic pensioner's body in the Sunshine Coast hinterland has lost a last ditch attempt to reduce his 11.5-year manslaughter jail sentence.

Raymond Paul Davy, who is currently serving time at Maryborough Correctional Centre, argued in Brisbane Supreme Court on Friday that his sentence should be re-opened.

Justice Debra Mullins had accepted Davy's guilty plea on the basis he was affected by heroin and did not intend to cause 73-year-old Donald Rogers's death but did have a desire to access his money.

She said he disposed of his body in the Beerburrum State Forest, burnt his car and stole about $30,000 from Mr Rogers's bank account after his death.

Davy, who represented himself on Friday, said medical evidence about Mr Rogers's death, a letter from the deceased's niece and two other statements were not presented at his sentencing hearing.

He alleged he suffered a miscarriage of justice because he was deprived the opportunity to put those matters before the court.

Davy had already lost an appeal in the Queensland Court of Appeal over the sentence which he described as manifestly excessive.

Crown prosecutor David Meredith said Davy wanted to plead guilty but wanted to avoid the consequences of pleading guilty.

"He just wants to have another go again because he wants to take a complaint to the Legal Services Commission," he said.

"He wants to make a complaint about the ethics of the prosecutor and he thinks he has to go through this process first."

Davy confirmed he would make a complaint but that was not why he was applying to re-open the sentence.

He said there was so much heroin used the weekend Mr Rogers died that it "affected my mental acumen in identifying Mr Rogers's condition".

Davy said he pleaded guilty on that basis but "I didn't kill anyone".

"I had a shot of heroin," he said.

"When I got back I actually thought he was asleep.

"So I proceeded to drive him out to Woodridge ... and he threw a fit.

"I said I'd accept the plea but I did not kill Mr Rogers.

"I just felt I didn't get a fair trial."

Justice Mullins, noting he faced sentencing not a trial, said the evidence already existed and Davy could have put the information before the court at sentence in December, 2009.

She said none of the grounds for re-opening a sentence were enlivened by the information before her.

She dismissed the application.

Topics:  court jail sentence manslaughter pensioner

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