NSW judge delays Aldi basher's sentence

February 13, 2018

Mervyn Davidson who assaulted an Aldi worker with a baseball bat has had his sentencing adjourned.

An accused murderer has had sentencing delayed for unrelated offences including bashing a checkout operator with a baseball bat during a botched NSW supermarket robbery.

Mervyn Keith Davidson has pleaded guilty to the violent attack at Aldi in Albion Park Rail in January 2017, in which he also assaulted a customer who tried to restrain him.

The 44-year-old has also admitted punching a police officer in the face after being taken into custody and choking his cellmate with his t-shirt - rendering him unconscious - while on remand in Sydney's Silverwater jail.

He was due to be sentenced last Thursday but was deemed not well enough to sit through the judgment.

On Sunday he was charged with murdering Silverwater inmate Alfredo Pengue, 54, and he wasn't required to appear in court on that charge during a brief mention on Monday.

On Tuesday in Wollongong District Court, his lawyer James Jeffery requested another adjournment on the earlier charges because Davidson was waiting to see a psychiatric report.

Davidson saw a psychiatrist on Saturday and it was indicated that he might have underlying psychosis, Mr Jeffery told the court.

"If that were the case, that might affect Your Honour's sentencing," he said.

Judge Andrew Haesler said it would be a "denial of natural justice" if he didn't allow an opportunity to more accurately diagnose Davidson's condition.

"Whether his underlying mental illness is a drug-induced psychosis or something of a more intractable nature would be relevant to sentence," he said.

The judge noted that Davidson had been charged with another offence but said he was entitled to a presumption of innocence.

"It could not determine any sentence I will impose upon him."

The matter was adjourned to March 9.

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