R v Smith [2013] NSWSC 1159

R v Smith [2013] NSWSC 1159

The appropriate sentence for the murder is determined by weighing the objective seriousness (aggravated by the attack on a vulnerable victim, in company, at night in his own home, while on parole, and the use of weapons), the offender's guilty plea (with an 18% discount applied), mitigated partly by demonstrated remorse, and the lack of special circumstances. The non-parole period is fixed below the standard due to the plea, and consecutive sentencing is applied given the offending occurred while on parole for an unrelated offence.

Jurisdiction
Australia
Judgment Date
23 August 2013
Procedural Posture
Criminal / Sentencing
Outcome
Conviction and sentence imposed
Legal Topics
['murder' 'sentencing' 'guilty Plea' 'home Invasion' 'use of Weapon' 'aggravating Factors' 'mitigating Factors' 'parole Eligibility' 'discount for Plea']
['criminal Law'] ['murder' 'sentencing' 'guilty Plea' 'home Invasion' 'use of Weapon' 'aggravating Factors' 'mitigating Factors' 'parole Eligibility' 'discount for Plea']

Case Brief

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Procedural Posture

Criminal / Sentencing

Legal Issues

  1. 1 ['What is the appropriate sentence for the offender for the murder of Stanley Bruce Davies?' 'Does the evidence establish an intention to kill or intention to cause grievous bodily harm?' 'Should there be a finding of special circumstances affecting the parole eligibility and sentence structure?' 'What discount should be applied for a guilty plea?' 'What aggravating and mitigating factors are present?']

Ratio Decidendi

The appropriate sentence for the murder is determined by weighing the objective seriousness (aggravated by the attack on a vulnerable victim, in company, at night in his own home, while on parole, and the use of weapons), the offender's guilty plea (with an 18% discount applied), mitigated partly by demonstrated remorse, and the lack of special circumstances. The non-parole period is fixed below the standard due to the plea, and consecutive sentencing is applied given the offending occurred while on parole for an unrelated offence.

Court Disposition

Conviction and sentence imposed

Orders

  • ['Richard Keith Smith convicted of murder of Stanley Bruce Davies.' 'Sentenced to imprisonment with non-parole period of 17 years, 2 months, commencing 3 November 2011 and expiring 2 January 2029.' 'Balance of term of 5 years, 9 months, to commence 3 January 2029 and expire 2 October 2034.' 'Earliest date eligible...