Sam Rain Davey sentenced for violent neighbour assault

A young Nimbin man who beat up his 56-year-old neighbour because he thought he was filming him has been warned to control his anger before “you end up doing something really bad”.

A young Nimbin man with serious anger issues has “luckily” avoided jail after beating up his neighbour after an alleged filming incident.

Sam Rain Davey, 20, was sentenced in Lismore District Court on Monday, August 22, pleading guilty for aggravated robbery inflicting actual bodily harm.

The court heard Davey had a long history of “acrimony” with the 56-year-old neighbour of his mum’s Nimbin property, which erupted on November 30, 2020, when Davey thought the older man was filming him.

Judge Jeffery McLennan said the victim was walking his dog when he held up his phone at Davey, who was a passenger in a passing car, as if he was filming.

Judge McLennan said Davey had told the man “stop filming me with your camera” and “I’m going to get you”.

The pair parted ways after the victim told Davey to “f*** off”, but minutes later Davey stopped the car and told the victim to give him his phone.

The court heard Davey then hit the 56-year-old in the head about three times, put him in a chokehold and pushed him to the ground before continuing to hit and kick him.

The phone was eventually released and Davey ran off with it, leaving the victim with bruising and cuts to the bridge of his nose.

Sam Rain Davey, 20, leaves Lismore District Court on Monday having been sentenced to a two-year intensive corrections order.

Judge McLennan noted Davey had a long history of anger issues which according to psychologist reports were spurred by “extremely distressing” domestic violence when he was growing up.

“I can completely understand how that could lead to there being some anger,” he said.

He said therapy had helped Davey address those issues and there wasn’t any reason he couldn’t “go on to lead a meaningful and happy life”.

“You’re a young male, who from time to time, allows his anger to get the better of him,” Judge McLennan said to Davey.

“It’s easy enough to do, but you are going to have to learn to control it, Mr Davey ... it’s much better to be dealing with these issues now before they truly get out of control and you end up doing something really bad to someone.”

Judge McLennan sentenced Davey to an intensive corrections order for a period of two years on the condition he abstain from drugs and attend therapy for the period of the order.

A subsequent two-year apprehended violence order was also finalised for the neighbour’s protection which would mean Davey couldn’t visit his mother’s property.

In reaction to the condition, Davey sighed and held his head in his hands, leading Judge McLennan to remark upon his distress.

Davey was expecting his first child within a number of weeks, the court was told.

“Mr Davey, there’s two things: you’ve brought this situation on yourself, and secondly, you’re going to have to accept I’m going to act on your best interests so that’s why I’m doing what I’m doing,” Judge McLennan said.

“You're just going to have to live with it for the next few years.”