R v Smith (No.4) [2014] NSWSC 1069

Supreme Court New South Wales

Medium Neutral Citation: R v Smith (No.4) [2014] NSWSC 1069 Hearing dates: 12/5/2014 - 16/05/2014; 19/05/2014 - 23/05/2014; 26/05/2014 - 30/05/2014; 02/06/2014 - 04/06/2014 Decision date: 08 August 2014 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) A non-parole period of 9 years commencing on 12 February 2013 and concluding on 11 February 2022; (2) A balance of term of 3 years expiring on 11 February 2025; (3) The first day upon which you will be eligible to be released from custody is 11 February 2022. Catchwords: CRIMINAL LAW - sentencing - manslaughter - excessive self defence - consideration of aggravating and mitigating factors - early offer to plead guilty to manslaughter - not accepted by Crown - sentence reduction - previous criminal convictions - conviction for serious personal violence offence - manslaughter committed whilst on parole - whether good prospects of rehabilitation - whether unlikely to re-offend - lack of remorse - objective criminality very serious - manifestly excessive response to circumstances - serious example of manslaughter Legislation Cited: Crimes (High Risk Offenders) Act 2006 Crimes (Sentencing Procedure) Act 1999 Crimes (Sentencing Procedure) Amendment (Family Member Victim Impact Statement) Act 2014 Crimes Act 1900 Cases Cited: Cheung v The Queen [2001] HCA 67; (2001) 209 CLR 1 Markarian v The Queen [2005] HCA 25; (2005) 228 CLR 357 Muldrock v The Queen [2011] HCA 39; (2011) 244 CLR 120 R v Isaacs (1997) 41 NSWLR 374 R v MacDonell (NSWCCA, 8 December 1995, unreported) R v Oinonen [1999] NSWCCA 310; R v Johnson [2003] NSWCCA 129 R v Previtera [(1997) 94 A Crim R 76 Category: Sentence Parties: The Crown Graham Smith (Offender) Representation: Counsel: Mr M Barr (Crown) Ms K Traill (Offender) Solicitors: Solicitor for Public Prosecutions (Crown) SCT Lawyers (Offender) File Number(s): 2013/23883