R v Smit, Smit and Tarrant - [2003] NSWSC 893

CITATION: R v SMIT, SMIT & TARRANT [2003] NSWSC 893

HEARING DATE(S): 6 June 2003

JUDGMENT DATE:
2 October 2003

JUDGMENT OF: Hulme J at 1

DECISION: See paragraphs 96, 97 and 98

PARTIES :
Regina
Steven Charles Smit
Shiree Anne Smit
Donna Clare Tarrant

FILE NUMBER(S): SC 70058/02; 70217/02; 70218/02

COUNSEL: Crown: Ms L Wells
Stephen Charles Smit: Mr I Byrne
Shiree Anne Smit: Ms L Flannery
Donna Clare Tarrant: Mr M Paish

SOLICITORS: Crown: SE O'Connor
Stephen Charles Smit: Ferns Aubrey Mitchell
Shiree Anne Smit: TA Murphy
Donna Clare Tarrant: TA Murphy

- 28 -

IN THE SUPREME COURT
OF NEW SOUTH WALES
CRIMINAL DIVISION

HULME J

Thursday, 2 October 2003

70058/02

70217/02

20218/02

REGINA v Steven Charles SMIT, Shiree Anne SMIT AND Donna Clare TARRANT

REMARKS ON SENTENCE

1 HIS HONOUR: On Thursday 30 August 2001 the body of Craig Patrick Collins was found in the kitchen of the flat he occupied in Camp Street, Katoomba. It was wrapped in 2 blankets, but otherwise nude. A cricket bat and a number of articles of clothing were also wrapped in the blankets. The body showed extensive bruising, abrasions and a number of stab and incised wounds. The body had been dragged into the kitchen from the lounge room where there was a large amount of blood spread over areas of the floor, and on items of furniture and clothing and some walls. One door and its surrounds were liberally coated with blood. Some blood was what was referred to as transferred but 2 well separated vertical surfaces – a door and its surrounds and another wall showed signs of projected blood. A computer also seems to show a similar sign. There were 2 bedrooms opening off the lounge room, one used by the deceased and one by the prisoner Tarrant who lived in the premises, but there had been no blood letting in them.

2 Arising from Mr Collin’s death, the three prisoners before me were charged with his murder. On 19 March last a jury convicted all three and the proceedings were stood over for sentence. Submissions in that regard were made on 6 June and my decision reserved. In approaching the task of fact finding relevant to the matter of sentence, I instruct myself that my findings must be consistent with the verdict of the jury, that if I propose to use any findings beyond those necessarily implicit in a conviction against one of the prisoners, I must be satisfied of that finding beyond reasonable doubt but insofar as there are matters of mitigation, it is sufficient that I be satisfied of them on the balance of probabilities.

3 The Crown also submitted that I should find that each offender had an intention to kill and that, while the circumstances did not bring the Prisoners’ conduct into the worst category of murder offences, because of the extensive violence visited upon the deceased I should conclude that their conduct should be regarded as above the middle…

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.

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Details

Case: [2003] NSWSC 893
Decision Date: 2 October 2003

CaseChat Overview and Summary

The Supreme Court of New South Wales was called upon to determine the appropriate sentences for Steven Charles Smit, Shiree Anne Smit, and Donna Clare Tarrant, who were convicted of the murder of Craig Patrick Collins. The key legal issues revolved around the degree of involvement of each defendant in the murder, the effect of their drug use and intoxication on their culpability, and the appropriate sentence considering the principles of proportionality, deterrence, retribution, and reform. The court found that while the defendants were all involved in the attack, the evidence did not conclusively establish that any one of them inflicted the fatal blows. The court also noted the significant impact of drugs and alcohol on their actions. In sentencing, the court considered the subjective circumstances of each defendant, their criminal history, and the need to balance the gravity of the crime with the principles of criminal punishment. The final sentences imposed were 17 years imprisonment with a non-parole period of 13 years for Steven and Shiree Smit, and 14 years imprisonment with a non-parole period of 11 years for Donna Clare Tarrant.

Orders