R v Smith

Case [2021] NSWSC 928


Supreme Court


New South Wales

Medium Neutral Citation: R v Smith [2021] NSWSC 928
Hearing dates: 15 June 2021
Date of orders: 26 July 2021
Decision date: 26 July 2021
Jurisdiction:Common Law - Criminal
Before: Walton J
Decision:

The overall sentence is 7 years 6 months’ imprisonment, with a non-parole period of 5 years and 6 months.

Catchwords:

CRIMINAL LAW – sentence – manslaughter – victim impact statements – excessive self-defence – intention to cause grievous bodily harm – objective features – objective seriousness – unreasonableness – subjective features – plea of guilty and discount – remorse – prospects of rehabilitation – general deterrence – maximum penalty – non-parole period – special circumstances – orders

Legislation Cited:

Crimes Act 1900 (NSW)

Crimes (High Risk Offenders) Act 2006 (NSW)

Crimes (Sentencing Procedure) Act 1999 (NSW)

Cases Cited:

Anderson v R [2018] NSWCCA 49

Baumer v The Queen (1988) 166 CLR 51

Cheung v The Queen (2001) 209 CLR 1; [2001] HCA 67

Filippou v The Queen (2015) 256 CLR 47; [2015] HCA 29

Hamzy v R [2018] NSWCCA 53

Hawkins v R (1993) 67 A Crim R 64

Ibbs v The Queen (1987) 163 CLR 447

Jones v R [2009] NSWCCA 169

Markarian v The Queen (2005) 228 CLR 357; [2005] HCA 25

McDowall v R [2019] NSWCCA 29 at

Misiepo v R [2017] NSWCCA 210

Muldrock v The Queen (2011) 244 CLR 120; [2011] HCA 39

Pitts v R [2014] NSWCCA 244

R v Barbetta [2008] NSWSC 688

R v Blacklidge (Unreported, New South Wales Court of Criminal Appeal, 12 December 1994)

R v Borkowski (2009) 195 A Crim R 1; [2009] NSWCCA 102

R v Boyd [2004] NSWSC 263

R v Dodd (1991) 57 A Crim R 349

R v Fuller [2020] NSWSC 1580

R v Geddes (1936) 36 SR (NSW) 554

R v Good [2010] NSWCCA 402

R v Halloun [2014] NSWSC 1705

R v Hines (No 3) [2014] NSWSC 1273

R v Hoerler (2004) 147 A Crim R 520; [2004] NSWCCA 184

R v Isaacs (1997) 41 NSWLR 374

R v JK [2018] NSWSC 250

R v Loveridge [2014] NSWCCA 120

R v MD, BM, NA, JT (2005) 156 A Crim R 372; [2005] NSWCCA 342

R v Price [2004] NSWSC 868

R v Scott [2005] NSWCCA 152

R v Winefield [2011] NSWSC 337

Stewart v R [2009] NSWCCA 152

Sumpton v R [2016] NSWCCA 162

The Queen v Olbrich (1999) 199 CLR 270; [1999] HCA 54

Veenv The Queen (No 2) (1988) 164 CLR 465

Category:Sentence
Parties: Regina (Crown)
Robert Bruce Smith (Offender)
Representation:

Counsel:
B Campbell (Crown)
J Watts (Offender)

Solicitors:
Office of the Director of Public Prosecutions (Crown)
Legal Aid NSW (Offender)
File Number(s): 2018/156965

REMARKS ON SENTENCE

  1. HIS HONOUR: By an indictment dated 9 February 2021, Robert Bruce Smith (“the offender”) was charged with two counts, that he:

  1. on 18 May 2018, in in Argents Hill in the State of New South Wales,…

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Details
AGLC
R v Smith [2021] NSWSC 928
Case
[2021] NSWSC 928
Decision Date

CaseChat Overview and Summary

The case of R v Smith involved the defendant, Smith, who was convicted of manslaughter following a fatal altercation. Smith pleaded guilty to the charge of manslaughter, admitting to using excessive force during a confrontation. The victim's family submitted statements detailing the profound impact of the loss on their lives. The court had to determine an appropriate sentence considering various factors, including the nature of the offence, the circumstances of the crime, and the defendant's conduct post-offence. The primary legal issues centred on the assessment of the appropriate penalty for manslaughter, the influence of the plea of guilty and the degree of remorse demonstrated by Smith, and the need to balance individual deterrence with the broader goal of general deterrence.

The court examined the objective seriousness of the crime, the subjective features of Smith's conduct, and the objective unreasonableness of his actions. It considered the discount for the plea of guilty, Smith's remorse, and his prospects of rehabilitation. Additionally, the court weighed the need for general deterrence against the specific circumstances of the case. In assessing the maximum penalty, the court took into account the non-parole period and the special circumstances presented. The victim impact statements were crucial in illustrating the emotional and practical consequences of Smith's actions on the victim's family. After thorough deliberation, the court determined the appropriate sentence, balancing all these factors to ensure a just outcome.

Smith was sentenced to a term of imprisonment with a specified non-parole period. The court acknowledged the significant impact of the crime on the victim's family and the community, while also considering Smith's plea of guilty and demonstrated remorse. The sentence reflected a careful balance between the need for individual deterrence and the broader goal of general deterrence. The court's decision highlighted the importance of considering both the objective and subjective aspects of the crime, as well as the specific circumstances and the impact on the victim and their family. The final orders included the imposition of the determined sentence, ensuring that the sentence met the objectives of punishment, deterrence, and rehabilitation.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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