R v Smith [2022] NSWSC 1651

Supreme Court New South Wales

Medium Neutral Citation: R v Smith [2022] NSWSC 1651 Hearing dates: 1 December 2022 Date of orders: 7 December 2022 Decision date: 07 December 2022 Jurisdiction: Common Law Before: Wilson J Decision: 1. Jie Smith, having been convicted of the manslaughter of Rylan Bull, on 9 February 2019 at New Lambton in this State, is sentenced to imprisonment for 4 years and 9 months, to date from 13 August 2019 and expiring on 12 May 2024; with a non-parole period of 3 years and 6 months, which will expire on 12 February 2023. Catchwords: CRIME – sentence after trial – verdict of guilty to the statutory alternative to murder of manslaughter – death of 6 month old baby – question of basis of liability for manslaughter – question of sufficiency of evidence for manslaughter by unlawful and dangerous act – alternative basis of liability gross criminal negligence Legislation Cited: Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Evidence Act 1995 (NSW) Cases Cited: PTC v R [2011] NSWCCA 51 R v BW and SW (No 3) [2009] NSWSC 1043 R v Eriksson [2001] NSWSC 781 R v George (2004) 149 A Crim R 38; [2004] NSWCCA 247 R v HA [2008] NSWSC 1368 R v Isaacs (1997) 41 NSWLR 374; 90 A Crim R 587 R v KJ [2015] NSWSC 767 R v Wilkinson [1999] NSWCCA 248 SAM, Thomas v R SAM, Manju v R (2011) 206 A Crim R 67; [2011] NSWCCA 36 Category: Principal judgment Parties: Rex (Crown) Jie Smith (Offender) Representation: Counsel: N Adams SC (Crown) P Rosser KC (Offender)