THE sister of Stanley 'Bruce' Davies watched as his killer received a 23-year sentence at Port Macquarie Supreme Court on Friday.
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Members of Mr Davies’ family sat in the jury seats as Justice Marianne Schmidt handed down sentence to Richard Keith Smith, who had pleaded guilty to murder at Newcastle Supreme Court last month.
Mary Tarr - the victim’s sister - watched Smith stoically as the judge told him he would not be eligible for parole before January 2, 2029.
Smith, who had appeared resigned to his fate from the moment he stepped into the dock, made no eye contact with Mrs Tarr and did not respond.
Justice Schmidt deemed Mr Davies’ killing - as the result of a violent home invasion on November 19, 2010 - at “above middle range” of the scope of murder.
Smith’s guilty plea and a degree of remorse on his part led the judge to award an 18 per cent discount to the 28-year maximum for the crime.
Having been in custody since November 3, 2011, the offender will serve a maximum of 22 years 11 months, keeping him behind bars until October 2, 2034.
Justice Schmidt said Smith and two alleged accomplices - yet to face trial - had carried out “an extreme level of violence” and had left Mr Davies “to suffer a lingering awful death”.
The court, including members of Smith’s family, heard the defendant and two others had entered the victim’s home intent on robbing him.
When he refused to open or disclose the combinations of safes in his home, Mr Davies was struck with fists and weapons, inflicting fatal brain and facial injuries.
Justice Schmidt accepted Smith’s explanation to a clinical psychologist, a fellow-inmate and members of his own family that he had not intended to murder the victim, but to scare him so the robbery could progress more easily.
“I hate that that fella was dead,” Smith told the psychologist.
“That was never meant to happen.
“I think about it every night.
“I feel like shit about it.”
Spelling out the factors that influenced her sentencing, Justice Schmidt said the aggravating factors were the use of a weapon; committing the act in company; carrying out the crime while on parole; the crime being committed in the victim’s home; and the vulnerability of the victim.
The mitigating factors included Smith’s guilty plea, evidence of remorse, and his acceptance of responsibility for the death.
The court heard while the defendant had anger management issues; intellectual shortcomings; and a history of alcohol, cannabis and heroin abuse; he did not have any mental illness.
Smith’s parents separated when he was five years old, Justice Schmidt told the court.
He had endured a negative relationship with his mother that involved physical abuse, and – after she began a relationship with another partner when Smith was aged 12 – clashed with his stepfather until the age of 15.
He ran away from home on occasions from the age of 12 and failed to complete his formal education.
Smith took up smoking cannabis and heroin until he received a custodial sentence at the age of 20.
He gave up illicit drugs, but began binge drinking twice a week.
Smith fathered a daughter, but saw her only once, when a relationship with her mother broke down, and he resumed his drug and alcohol abuse.
He withdrew from an alcohol rehabilitation program while in jail, believing he did not have a problem.
Smith was determined by his clinical psychologist to be at medium-to-high risk of violent re-offending and would require close supervision upon eventual release.
Justice Schmidt paid tribute to Mrs Tarr’s victim impact statement, read out at Newcastle Supreme Court.
She said while the statement had left “no one untouched by the remarks and the dignity conveyed” it could not be taken into account when deliberating over the sentence.
Mrs Tarr’s statement had expressed deeply felt sorrow, loss and anger, the judge said, as well as sympathy for the defendant’s family.
“I do hope this has given them some piece of mind,” Justice Schmidt said.
She admonished defence counsel Nicole Carol for her late arrival at court, following a delayed flight.