R v Jones & Others [2007] NSWSC 1333

New South Wales Supreme Court

CITATION : R v Jones & Others [2007] NSWSC 1333

HEARING DATE(S) : 20/07/2007, 31/08/2007, 14/09/2007, 19/10/2007, 16/11/2007

JUDGMENT DATE : 23 November 2007

JUDGMENT OF : Buddin J

DECISION : Adam Samuel Jones: For the offence of malicious wounding of Noah Henry Smith, the offender is sentenced to a fixed term of 18 months imprisonment to commence on 9 October 2005. I decline to impose a non-parole period because of the sentence which I am about to impose. For the offence of manslaughter of William Smith and taking into account the matters on the Form 1 document, the offender is sentenced to a total term of 8 years 3 months consisting of a non-parole period of 5 years 3 months with the balance of the term being 3 years. Each term will commence on 9 July 2006. The total term will expire on 8 October 2014 and the non-parole period will expire on 8 October 2011 on which date the offender will be eligible for release on parole. The total effective sentence is thus one of 9 years imprisonment with a non-parole period of 6 years. Adam Jones: For the offence of malicious wounding of Noah Henry Smith, the offender is sentenced to a fixed term of 18 months imprisonment to commence on 26 October 2005. I decline to impose a non-parole period because of the sentence for manslaughter which I am about to impose. For the offence of common assault upon Mary Rose Smith, the offender is sentenced to 4 months imprisonment to commence on 26 July 2006. I decline to impose a non-parole period because of the sentence which I am about to impose. For the offence of manslaughter of William Smith, the offender is sentenced to a total term of 8 years 3 months consisting of a non-parole period of 5 years 3 months with the balance of the term being 3 years. Each term will commence on 26 July 2006. The total term will expire on 25 October 2014 and the non-parole period will expire on 25 October 2011 on which date the offender will be eligible for release on parole. The total effective sentence is thus one of 9 years imprisonment with a non-parole period of 6 years. Samuel Mark Jones: For the offence of malicious wounding of Noah Henry Smith, the offender is sentenced to a fixed term of 18 months imprisonment to commence on 27 June 2007. I decline to impose a non-parole period because of the sentence which I am about to impose. For the offence of manslaughter of William Smith, the offender is sentenced to a total term of 8 years 3 months consisting of a non-parole period of 5 years 3 months with the balance of the term being 3 years. Each term will commence on 27 March 2008. The total term will expire on 26 June 2016 and the non-parole period will expire on 26 June 2013 on which date the offender will be eligible for release on parole. The total effective sentence is thus one of 9 years imprisonment with a non-parole period of 6 years. Samuel Jones: For the offence of malicious wounding of Noah Henry Smith, the offender is sentenced to a fixed term of 18 months imprisonment to commence on 26 October 2005. I decline to impose a non-parole period because of the sentence which I am about to impose. For the offence of manslaughter of William Smith, the offender is sentenced to a total term of 7 years 9 months consisting of a non-parole period of 4 years 9 months with the balance of the term being 3 years. Each term will commence on 26 July 2006. The total term will expire on 25 April 2014 and the non-parole period will expire on 25 April 2011 on which date the offender will be eligible for release on parole. The total effective sentence is thus one of 8 years 6 months imprisonment with a non-parole period of 5 years 6 months. Elizabeth Jones: For the offence of malicious wounding of Noah Henry Smith, the offender is sentenced to a fixed term of 12 months imprisonment to commence on 30 May 2007. I decline to impose a non-parole period because of the sentence which I am about to impose. For the offence of manslaughter of William Smith, the offender is sentenced to a total term of 7 years consisting of a non-parole period of 4 years 6 months with the balance of the term being 2 years 6 months. Each term will commence on 30 November 2007. The total sentence expires on 29 November 2014 and the non-parole period will expire on 29 May 2012 on which date the offender will be eligible for release on parole. The total effective sentence is thus one of 7 years 6 months imprisonment with a non-parole period of 5 years. Lydia Jones: For the offence of being an accessory after the fact to the manslaughter of William Smith, the offender is released on a bond to be of good behaviour for a period of 2 years. It is a condition of that bond that she obey all reasonable directions of the Probation and Parole Service. She is to report to the Blacktown office of the Service within 7 days.