R v Smith

Case [2024] NSWSC 437


Supreme Court


New South Wales

Medium Neutral Citation: R v Smith [2024] NSWSC 437
Hearing dates: 22 March 2024
Date of orders: 23 April 2024
Decision date: 23 April 2024
Jurisdiction:Common Law
Before: McNaughton J
Decision:

(1) Kevin Smith is sentenced to a term of imprisonment for 20 years. The Court sets a non-parole period of 15 years commencing on 12 January 2022, and an additional term of 5 years commencing on 12 January 2037 and ending on 11 January 2042.

(2) Sequences 1 and 2 on the s 166 Criminal Procedure Act 1986 (NSW) Certificate are remitted to the Local Court at Newcastle on 22 May 2024.

Catchwords:

CRIME – sentence – murder – guilty verdict by jury – stabbed in the front upper right side of the chest – where jury rejected defence of self-defence – where no intention to kill – where significant degree of pre-trial disclosure – discount for facilitating the administration of justice – background of substance abuse and violence – sentence imposed

Legislation Cited:

Crimes Act1900 (NSW), ss 19A, 23

Crimes (Domestic and Personal Violence) Act 2007 (NSW), ss 4, 13, 14

Crimes (High Risk Offenders) Act 2006 (NSW) s 5A, 25C

Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 21A, 22A, 30E, 44, 54A, 61

Criminal Procedure Act 1986 (NSW), s 166

Evidence Act 1995 (NSW), s 191

Cases Cited:

Beldon v R [2012] NSWCCA 194

Droudis v R (2020) 103 NSWLR 806; [2020] NSWCCA 322

Hili v The Queen (2010) 242 CLR 520; [2010] HCA 45

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

MuldrockvThe Queen (2011) 244 CLR 120; [2011] HCA 39

Perkins v R [2018] NSWCCA 62

R v Archer [2021] NSWSC 1485

R v Brooks (No.5) [2017] NSWSC 824

R v Carr [2009] NSWSC 995

R v Chatimba(No.2) [2021] NSWSC 863

R v Dennis [2018] NSWSC 173

R v Haydar(No.4) [2017] NSWSC 615

R vHillsley [2006] NSWCCA 312; (2006) 164 A Crim R 252

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

R v LN; R v AW (No. 10) [2017] NSWSC 1387

R v Macdonald [2023] NSWSC 270

R v May (No 2) [2016] NSWSC 1070

R v Miller (No 2) [2022] NSWSC 1347

R v Millwood [2021] NSWCCA 2

R v NB (Sentence) [2022] NSWSC 1013

R v Newson (No 5) [2021] NSWSC 1661

R v Pearce [2008] NSWSC 1434

R v Peterson (No. 5) [2014] NSWSC 1080

R v RJB [2019] NSWSC 719

R v SatekiSiale [2017] NSWSC 1298

R v Sheridan (No.2) [2022] NSWSC 1634

R v Smith [2022] NSWSC 269

R v Spinks [2021] NSWSC 649

R v Weaver (No 13) [2022] NSWSC 1140

R v White [2023] NSWSC 193

The QueenvOlbrich (1999) 199 CLR 270; [1999] HCA 54

Veen v The Queen (No 2) (1998) 164 CLR 465; [1998] HCA 14

Texts Cited:

Nil

Category:Sentence
Parties: Rex (Crown)
Kevin George Smith (Offender)

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Details
AGLC
R v Smith [2024] NSWSC 437
Case
[2024] NSWSC 437
Decision Date

CaseChat Overview and Summary

In the matter of R v Smith, the defendant, Smith, was found guilty by a jury of murder, having stabbed the victim in the front upper right side of the chest. The jury rejected the defendant's plea of self-defence, and it was accepted that there was no intention to kill. The case before the court was to determine the appropriate sentence for the defendant, taking into account various factors including the degree of pre-trial disclosure, the mitigating factor of facilitating the administration of justice, the defendant's background of substance abuse and violence, and other relevant considerations.

The court considered the principles of sentencing for murder, as well as the statutory requirements and judicial guidelines. It was necessary for the court to weigh the seriousness of the offence against the mitigating factors presented by the defence. The court found that there was a significant degree of pre-trial disclosure which had facilitated the administration of justice, and that this warranted a discount in sentence. Additionally, the court considered the defendant's background of substance abuse and violence, which, while not excusing the offence, were relevant to the assessment of the defendant's culpability and the appropriate sentence. The court ultimately determined that the appropriate sentence was one of imprisonment, taking into account all relevant factors.

Following the court's reasoning and analysis, it was determined that the defendant be sentenced to a term of imprisonment, with specific details regarding the length of the sentence and any parole eligibility conditions to be outlined in the final orders. The court made clear that the sentence imposed reflected the seriousness of the offence, while also taking into account the mitigating factors presented by the defence. The final orders of the court will specify the exact term of imprisonment, along with any other relevant conditions.

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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