R v Smith [2022] NSWSC 269

Supreme Court New South Wales

Medium Neutral Citation: R v Smith [2022] NSWSC 269 Hearing dates: 21 and 24 February 2022 Decision date: 16 March 2022 Jurisdiction: Common Law Before: Rothman J Decision: (1) The offender is convicted for that, on 25 September 2018, at Cessnock in the State of New South Wales, he did unlawfully kill Ewan James Sams. (2) The offender is sentenced to a term of imprisonment for a non-parole period of 3 years and 8 months, commencing 17 August 2021 and concluding 16 April 2025, with the remainder of the term of imprisonment being a further term of imprisonment of 4 years and 10 months, concluding 16 February 2030. (3) The offender first eligible for release on parole on 16 April 2025. (4) These remarks on sentence and the Psychological Report of Dr Derek G Gilligan dated 6 October 2021 will be provided to Corrective Services. Catchwords: CRIME – Sentence – Manslaughter by unlawful and dangerous act – use of car as weapon to pin deceased to garage – non-exculpatory provocation – attendance at deceased's home for lawful purposes – mental health issues – Bugmy factors – Special Circumstances – Effect of accumulation on ratio – sentence imposed Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 5, 21A, 22A, 25D Criminal Procedure Act 1986 (NSW), s 153 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571; [2013] HCA 37 R v Kilic (2016) 259 CLR 256; [2016] HCA 48 Veen v The Queen (No 2) (1988) 164 CLR 465; [1988] HCA 14 Category: Sentence Parties: Regina (Crown) Joshua Walker Smith (Offender) Representation: Counsel: B Queenan (Crown) P Krisenthal (Offender)