R v Smith (No 4) [2011] NSWSC 1082

R v Smith (No 4) [2011] NSWSC 1082

The Court sentenced Darren Paul Smith for the constructive murder of Russell Lyons, finding beyond reasonable doubt that, during the furtherance of a robbery with aggravation, the offender struck the deceased and inflicted fatal injuries, though some non-fatal injuries were attributable to third parties. Objective gravity was assessed by reference to sentencing practices of the mid-1990s, comparative case material and the circumstances of persistence in robbery, but without evidence of intent to kill, on the basis agreed by counsel. Delay since the offence was factored in with limited leniency, noting demonstrated rehabilitation. The sentence fixed was a non-parole period of 12 years with...

Parties
Crown: Regina; Offender: Darren Paul Smith
Jurisdiction
Australia
Judgment Date
16 September 2011
Procedural Posture
Criminal Murder / Sentencing Following Conviction by Jury
Outcome
Offender sentenced
Legal Topics
Sentencing, Murder, Robbery With Aggravation, Delay in Prosecution, Constructive Murder
Criminal Law Sentencing Murder Robbery With Aggravation Delay in Prosecution Constructive Murder

Case Brief

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Parties

Regina

Crown

Darren Paul Smith

Offender

Procedural Posture

Criminal Murder / Sentencing Following Conviction by Jury

Legal Issues

  1. 1 Appropriate sentence for constructive murder committed during robbery with aggravation and following a lengthy delay
  2. 2 Assessment of objective gravity and culpability given concurrent violence by third parties
  3. 3 Application of then-applicable sentencing practices due to timing of offence

Ratio Decidendi

The Court sentenced Darren Paul Smith for the constructive murder of Russell Lyons, finding beyond reasonable doubt that, during the furtherance of a robbery with aggravation, the offender struck the deceased and inflicted fatal injuries, though some non-fatal injuries were attributable to third parties. Objective gravity was assessed by reference to sentencing practices of the mid-1990s, comparative case material and the circumstances of persistence in robbery, but without evidence of intent to kill, on the basis agreed by counsel. Delay since the offence was factored in with limited leniency, noting demonstrated rehabilitation. The sentence fixed was a non-parole period of 12 years with...

Court Disposition

Offender sentenced

Orders

  • For the murder of Russell Lyons, the offender is sentenced to a non-parole period of 12 years with a total term of imprisonment of 18 years to date from 30 April 2010. The total term will expire on 29 April 2028 and the offender will be eligible for release on parole on 29 April 2022.
  • Warrant to be endorsed that Darren Smith be monitored closely in connection with suicidal ideation and be assessed by an appropriate health professional in custody.