R v Smith [2021] NSWSC 825

Supreme Court New South Wales

Medium Neutral Citation: R v Smith [2021] NSWSC 825 Hearing dates: 17 June 2021 Date of orders: 15 July 2021 Decision date: 15 July 2021 Jurisdiction: Common Law - Criminal Before: Harrison J Decision: Sentence Justin Shawn John Smith to imprisonment for 10 years and 8 months commencing on 5 January 2019 and expiring on 4 September 2029 with a non-parole period of 8 years expiring on 4 January 2027. Catchwords: CRIMINAL LAW – sentence – jury verdict following trial for murder – verdict of guilty of assault occasioning death whilst intoxicated – where victim died as the result of stab wounds inflicted by offender following long period of mutual drinking – where offender perceived threat from victim and armed himself with a knife – where jury verdict excluded finding of death by reason of excessive self-defence or that the stabbing was unlawful and dangerous – alternative verdict CRIMINAL LAW – sentence – verdict of guilty of assault occasioning death whilst intoxicated – mandatory minimum sentence and mandatory minimum non-parole period – where clear legislative intention to constrain sentencing discretion – where ability to give effect to favourable subjective considerations consequently restricted Legislation Cited: Crimes Act 1900 (NSW) ss 25A, 25B Cases Cited: Karim v R (2013) 83 NSWLR 268; [2013] NSWCCA 23 Category: Sentence Parties: Regina (Crown) Justin Shawn John Smith (Offender) Representation: Counsel: B G Campbell (Crown) J Watts (Offender)

Solicitors: Office of the Director of Public Prosecutions (Crown) Aboriginal Legal Service (NSW/ACT) Limited (Offender) File Number(s): 2019/4224 Publication restriction: Nil