Ricky Blackney appeals sentence for subjecting woman to violent, two-day ordeal
A violent offender who was jailed after subjecting a woman “unrelenting violence” during a terrifying two-day ordeal has asked the state’s highest court to reconsider his sentence.
A violent offender who subjected a woman to a two-day reign of terror has asked the state’s highest court to reconsider his sentence.
Ricky Blackney was sentenced by a County Court judge in September last year on three charges of conduct endangering persons, two charges of common law assault and trespass, and one count of possessing a firearm as a prohibited person.
Blackney, then 25, subjected his victim to “unrelenting violence” during a frightening ordeal in her home, in a car, in suburban streets and a rural paddock in late-2022.
Blackney was jailed for a maximum of four years and two months, with a non-parole period of two years.
On Tuesday, Court of Appeal justices Karin Emerton and Stephen Kaye heard arguments from Blackney’s barrister, David Rofe.
Blackney’s appeal was based on two grounds.
The first being that the judge had made an error sentencing Blackney on one of the trespass charges, “in circumstances that punished the applicant for another more serious offence with which he had not been charged”.
Mr Rofe argued that this was “apparent due to the language of the sentencing remarks” given by the judge, pointing to the sentencing judge’s description of Blackney as subjecting his victim to “hours of intimidation and violence”.
Mr Rofe noted that at Blackney’s plea hearing, a charge of making threats to kill was withdrawn.
Justice Kaye asked Mr Rofe how the sentencing judge had erred, given that he had been required to take into account that it was an ongoing trespass, and had given a “global summary of the facts, and a correct one” during his sentencing remarks.
“It wasn’t a happy little trespass, it was one where your client acted appallingly,” Justice Kaye said.
Mr Rofe said there was “clear delineation” as to “what conduct was captured by which charge”.
“(These factors) are not merely aggravating features of the trespass, because they would constitute offences in of themselves,” he said.
The second point of Blackney’s appeal was that the sentence imposed on the trespass charge – six months – was manifestly excessive, being the maximum penalty for that offence.
Mr Rofe told the court that it was not reasonably open to the sentencing judge to impose the maximum penalty for trespass, arguing Blackney had “a multitude of mitigating factors” at his disposal, including his early plea, remorse, disadvantaged background, limited criminal history and intellectual disability.
Justice Kaye questioned why the sentence was manifestly excessive, pointing towards Blackney’s conduct – “locking (the victim) in the garage twice, strangling her twice (and) driving a car at her”.
Mr Rofe pointed to the time Blackney spent on bail, arguing he had “already got the message”, had “turned a significant corner” and made strides towards rehabilitation.
Such a long period of potential supervision on parole “wasn’t warranted”, Mr Rofe said.
John Dickie, for the OPP, argued the judge was “very careful” to ensure he was only sentencing Blackney for the offences with which he was charged.
Mr Dickie conceded that Blackney receiving the maximum sentence for trespass could “invite some scrutiny” but argued it was a “very serious example” of trespass.
The justices reserved their decision.
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Originally published as Ricky Blackney appeals sentence for subjecting woman to violent, two-day ordeal
