R v Steven John Smith [2013] NSWSC 1723

R v Steven John Smith [2013] NSWSC 1723

The offender willingly participated in serious home invasion robberies committed in company for drug money. In the Davies offence, although the Court was not satisfied that the offender personally assaulted Mr Davies, he was engaged in the attempt to rob him, joined in threats, kept lookout and remained present while others inflicted fatal violence. The offences were aggravated by the victims' vulnerability, the offending in victims' homes, use of weapons found at the premises, commission while on parole and the vicious and callous nature of the attacks. Mitigating factors included the guilty pleas, remorse shown by attempting to clear Mr Davies' airway, low verbal intelligence, drug...

Jurisdiction
Australia
Judgment Date
14 November 2013
Procedural Posture
Criminal Sentencing for Murder and Robbery / Sentence After Guilty Pleas
Outcome
The offender was sentenced to imprisonment for the robbery offences and for murder, with the robbery sentences concurrent and the murder sentence partly accumulated; the earliest eligibility for release on parole is 7 August 2030.
Legal Topics
['murder' 'robbery' 'home Invasion' 'offences Committed in Company' 'offensive Weapons' 'guilty Plea Discount' 'offences Committed on Parole' 'vulnerable Victims' 'aboriginal Offender' 'drug Addiction' 'remorse' 'victim Impact Statement']
['criminal Law' 'sentencing'] ['murder' 'robbery' 'home Invasion' 'offences Committed in Company' 'offensive Weapons' 'guilty Plea Discount' 'offences Committed on Parole' 'vulnerable Victims' 'aboriginal Offender' 'drug Addiction' 'remorse' 'victim Impact Statement']

Case Brief

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Procedural Posture

Criminal Sentencing for Murder and Robbery / Sentence After Guilty Pleas

Legal Issues

  1. 1 ["What sentences should be imposed for the offender's guilty pleas to murder and two robbery offences." "The weight to be given to aggravating factors including offending in company, use of weapons, offending in the victims' homes, vulnerability of the victims, and offending while on parole." 'The weight to be given to mitigating factors including guilty pleas, remorse, Aboriginality and deprived background, low verbal intelligence, drug addiction, and claimed influence of Richard Smith.' "Whether the offender's murder liability should be treated as joint criminal enterprise or constructive murder for sentencing purposes."]

Ratio Decidendi

The offender willingly participated in serious home invasion robberies committed in company for drug money. In the Davies offence, although the Court was not satisfied that the offender personally assaulted Mr Davies, he was engaged in the attempt to rob him, joined in threats, kept lookout and remained present while others inflicted fatal violence. The offences were aggravated by the victims' vulnerability, the offending in victims' homes, use of weapons found at the premises, commission while on parole and the vicious and callous nature of the attacks. Mitigating factors included the guilty pleas, remorse shown by attempting to clear Mr Davies' airway, low verbal intelligence, drug...

Court Disposition

The offender was sentenced to imprisonment for the robbery offences and for murder, with the robbery sentences concurrent and the murder sentence partly accumulated; the earliest eligibility for release on parole is 7 August 2030.

Orders

  • ['For the robbery of Mr and Mrs Cowles and the robbery of Mrs Cowles, the offender is sentenced to imprisonment for eight years on each sentence, concurrent, commencing on 8 August 2013.' 'For each robbery sentence, a non-parole period of six years is set, expiring on 7 August 2019.' 'For the murder of Mr Davies,...