SMITH v REGINA [2011] NSWCCA 110

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: SMITH v REGINA [2011] NSWCCA 110 Hearing dates: 11 April 2011 Decision date: 13 May 2011 Before: CAMPBELL JA at 1 RS HULME J at 2 HOEBEN J at 3 Decision: Leave to appeal granted. Appeal dismissed Catchwords: CRIMINAL LAW - Appeal against sentence - manslaughter - deceased acting aggressively and armed with knives - deceased lowers knives and backs away - deceased struck with a branch by offender and kicked while on the ground - plea of guilty to manslaughter on the basis of excessive self defence accepted during course of trial - whether sentencing judge erred in assessment of degree of threat posed by deceased and whether sentence manifestly excessive - application for leave to appeal granted but appeal dismissed. Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Cases Cited: Stanford v R [2007] NSWCCA 73 Category: Principal judgment Parties: Ashley Duane Smith - Applicant Regina - Respondent Crown Representation: Counsel: Ms B Rigg - Applicant Mr PG Ingram SC - Respondent Crown Solicitors: Aboriginal Legal Service - Applicant Mr S Kavanagh, Solicitor for Public Prosecutions - Respondent Crown File Number(s): 2009/879 Decision under appeal Citation: R v Smith [2009] NSWSC 1183 Date of Decision: 2009-11-06 00:00:00 Before: Mathews AJ File Number(s): 2009/879