A woman is appealing her “unreasonable” conviction after she was convicted for helping her boyfriend go on the run after he killed a home invader with a samurai sword.
Hannah Quinn, 28, appeared in the Supreme Court on Friday flanked by friends and family as she made a bid to overturn her conviction for being an accessory to manslaughter after the fact.
She was sentenced to a two year community corrections order in May 2021 after a jury found her guilty of assisting her boyfriend Blake Davis after he killed aspiring rapper Jett McKee.
McKee had broken into their home wearing a balaclava and tried to rob the couple on the afternoon of August 10, 2018.
He used knuckle dusters to knock Davis out cold before attempting to flee, but the pair pursued him through the street in Sydney’s Forest Lodge.
The court heard Quinn caught up to the intruder and struggled with him before Davis ran up to them.
He killed the would-be robber by swinging the samurai sword at his head.
The couple subsequently went on the run for three days, during which they stayed at multiple hotels in an attempt to evade police.
On Friday, the court heard there was a question mark over whether McKee had threatened Quinn with a gun immediately before her boyfriend intervened and struck him with the sword.
Her lawyer Belinda Rigg SC explained the 28-year-old had “her life threatened” only moments before he was killed in front of her.
She argued Davis had seen the gun and acted fairly in self defence to protect himself and his girlfriend, who “would not have thought he acted unreasonably at the time”.
His knowledge of the gun being brandished at his girlfriend “would make his liability for manslaughter unreasonable and in turn make her liability unreasonable,” Ms Rigg said.
However, Chief Justice Andrew Bell told the court Davis had “said very candidly he didn’t recall seeing it” during his evidence.
The court heard he had endured “a gap in his recollection” leading up to the deadly sword strike after McKee gave him a concussion earlier during the “terrifying home invasion”.
Crown prosecutor Georgina Wright SC disputed the claim that McKee had been brandishing a gun at Quinn, noting witnesses gave evidence he was on all fours on the ground at the time.
“None of the witnesses saw a gun (in McKee’s hand),” she said.
She told the court Quinn had known the circumstances of the killing but had helped her boyfriend “evade arrest for manslaughter” afterwards.
Ms Rigg said her client’s decision to go on the run with Davis and hide from police after the killing had been unfairly wielded as proof that she knew she was guilty of a crime.
The crown prosecutor refuted the claim, noting Davis had told the jury he felt that he was under constant threat in the three days after the killing.
“It’s not a case where the jury overlooked other reasonable explanations for the post-offence conduct,” she said.
Ms Rigg is asking the court to overturn Quinn’s “unreasonable” conviction for being an accessory after the fact to manslaughter on the basis of a “miscarriage of justice”.
Justices Andrew Bell, Helen Wilson and Deborah Sweeney reserved their judgement for a later date.
For his part, Davis was sentenced to five years and three months in prison for manslaughter in 2021.
With a non-parole period of two years and nine months, he will be eligible for release in August 2023.
Denial of responsibility! insideheadline is an automatic aggregator around the global media. All the content are available free on Internet. We have just arranged it in one platform for educational purpose only. In each content, the hyperlink to the primary source is specified. All trademarks belong to their rightful owners, all materials to their authors. If you are the owner of the content and do not want us to publish your materials on our website, please contact us by email – [email protected]. The content will be deleted within 24 hours.