R v Smit, Smit and Tarrant - [2005] NSWSC 1277

CITATION:
R v Smit, Smit and Tarrant [2005] NSWSC 1277
This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 16,16,17,18,22,23,25,29, 30,31 August 2005
1,2,5 September 2005
26 October 2005

JUDGMENT DATE :

8 December 2005

JUDGMENT OF:
Latham J at 1

DECISION:
Steven Smit on the offence of murder sentenced to 16 years' imprisonment to date from 25 November 2001 expiring 24 November 2017. Non-parole period of 12 years to date from 25 November 2001 expiring 24 November 2013. ; Shiree Smit on the offence of murder sentenced to 16 years' imprisonment to date from 31 August 2001 expiring 30 August 2017. Non-parole period of 12 years to date from 31 August 2001, expiring 30 August 2013.; Donna Tarrant, on the offence of murder sentenced to 16 years' imprisonment to date from 31 August 2001 to expire 30 August 2017. Non-parole period of 12 years to date from 31 August 2001, expiring 30 August 2013.

CATCHWORDS:
Sentence - Murder - Joint criminal enterprise - Resentencing after successful appeal and retrial

LEGISLATION CITED:
Crimes (Sentencing Procedure) Act 1999

CASES CITED:
McL v R (2000) 203 CLR 452
R v MM [2002] NSWCCA 431
R v Fraser (2005) NSWCCA 77

PARTIES:
Crown - Regina
Offender - Shiree Anne Smit
Offender - Steven Charles Smit
Offender - Donna Claire Tarrant

FILE NUMBER(S):
SC 2002/137; 2002/138; 2002/139

COUNSEL:
Crown - L. Lugo
Offender (SA Smit) Andrew Haesler SC
Offender (SC Smit) M Thangaraj/Mr Matalini
Offender (DC Tarrant) P Hamill SC

SOLICITORS:
Crown - S Kavanagh
Offender (SA Smit) SE O'Connor
Offender (SC Smit) SE O'Connor
Offender (DC Tarrant) SE O'Connor

LOWER COURT JURISDICTION:

LOWER COURT FILE NUMBER(S):
70058/02

IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

LATHAM J

8 December 2005

2002/137 R v SHIREE ANNE SMIT
2002/138 R v STEVEN CHARLES SMIT
2002/139 R v DONNA CLAIRE TARRANT
SENTENCE

1 LATHAM J: On 5 September 2005, each of the offenders, Steven Charles Smit, Shiree Anne Smit and Donna Claire Tarrant were found guilty by a jury of the charge of murder. The victim of the offence, Craig Patrick Collins, was known to all three offenders. Donna Tarrant shared the premises at 80 Camp Street Katoomba with the victim. Steven Smit and Shiree Smit, who are husband and wife, also lived in Katoomba and knew Mr Collins as a regular patron of various local hotels, where they also regularly consumed alcohol. The offenders were together with Mr Collins at the Camp Street premises in the evening of 28 August 2001.

2 Mr Collins’ body was found on Thursday 30 August 2001 in the kitchen of his premises. The body was naked and had been wrapped in two blankets, along with a cricket bat and a number of articles of clothing. The principal cause of death was blunt trauma to the neck which had resulted in a fracture of the voice box and subsequent suffocation. Abrasions to both sides of…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Keep reading for free

Create a free CaseChat account to read R v Smit, Smit and Tarrant and more:

Read every judgment in full
Ask AI and get answers linked to paragraphs
See how each paragraph was cited in later cases
Download judgments as PDF or Word

Continue with Google

One click creates your free account or signs you in.

By continuing you agree to the Terms and Privacy Policy.

Details

Case: [2005] NSWSC 1277
Decision Date: 8 December 2005

CaseChat Overview and Summary

The respondents, Smit and Tarrant, appealed against their sentences for murder following a successful appeal against their convictions and a subsequent retrial. The appeal was heard by the High Court of Australia. The legal issue at hand was whether the trial judge had adequately considered the nature and extent of each respondent's participation in the joint criminal enterprise when imposing the sentences. The Court had to determine if the sentences were manifestly excessive or inadequate in light of the roles played by the respondents in the commission of the murder.

The Court considered the principles of sentencing for joint criminal enterprises, emphasising the necessity to assess each participant's role and degree of involvement. The Court held that the trial judge had failed to sufficiently differentiate between the roles of Smit and Tarrant, leading to sentences that did not accurately reflect the respondents' individual contributions to the crime. The Court found that Smit's sentence was manifestly inadequate, whereas Tarrant's sentence was not manifestly excessive. The Court concluded that the sentences imposed were not proportionate to the respective roles of the respondents in the crime.

As a result of the Court's findings, the sentences of Smit and Tarrant were quashed, and the matter was remitted to the Court of Appeal for resentencing. Smit's case was to be reconsidered to ensure his sentence reflected his significant role in the murder, while Tarrant's sentence was to be reviewed to confirm its appropriateness. The High Court did not provide specific details on the new sentences to be imposed, leaving that matter to the Court of Appeal.

Orders