R v Smith [2013] NSWSC 1159

Supreme Court New South Wales

Medium Neutral Citation: R v Smith [2013] NSWSC 1159 Hearing dates: 19 July 2013 Decision date: 23 August 2013 Jurisdiction: Common Law - Criminal Before: Schmidt J Decision: Sentenced to a term of imprisonment with a non-parole period of 17 years, 2 months, commencing on 3 November 2011 and expiring on 2 January 2029, with a balance of term of 5 years, 9 months, which is to commence on 3 January 2029 and to expire on 2 October 2034. The earliest date the offender will be eligible for release on parole is 3 January 2029. Catchwords: CRIMINAL LAW - sentence - murder - guilty plea - home invasion - use of weapon - cowardly attack on elderly man - seriousness of offence - aggravating factors - co-offenders - mitigating factors - remorse - offender's personal circumstances - deterrence - repeated violent offender - discount on sentence for guilty plea - comparable cases - no special circumstances - victim impact statement - sentence imposed Legislation Cited: Crimes Act 1900 Crimes (Sentencing Procedure) Act 1999 Cases Cited: Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v Allen [2013] NSWCCA 173 R v Dodd (1991) 57 A Crim R 349 R v Lewis [2001] NSWCCA 448 R v Scott [2005] NSWCCA 152 R v Thomson; R v Houlton [2000] NSWCCA 309; (2000) 49 NSWLR 383 Tran v R [2011] NSWCCA 116 Category: Sentence Parties: Regina Richard Keith Smith Representation: Counsel: Mr P Barnett SC (Crown) Ms N Carroll (Offender) Solicitors: Director of Public Prosecutions (Crown) Smirilios Criminal Lawyers (Offender) File Number(s): 2010/408565 Publication restriction: None