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Applicant assaulted his stepfather because of an allegation that he had sexually assaulted the applicant's sister when she was 9 years old.During the assault, applicant at one time armed himself with a mattock & at another time with an axe.Appellant was the principal in this retail operation.

Aged 32 at time of sentencing - remorse - psychotic illness - auditory hallucinations - drug abuse - intended to continue experimenting with drugs - no priors.

Whether error in sentencing judge's assessment of evidence relating to applicant's mental & psychiatric condition at time of offence - whether error in assessment of culpability - whether sentence excessive. SMITH, Adam Eric - CCA, 9.2.2005Grove & James JJCitation: R v Smith [2005] NSWCCA 19Sentence appeal. Applicant was driving his vehicle on a rural road when he overtook another vehicle after entering a 100kph zone.

Aged 2 months short of 18th birthday at time of offence - born in Vietnam - completed year 5 in Vietnam, then attended school in Australia & completed year 9 - not attracted to learning - family life consisted of rigid routine of work & school, little socialisation or fun - drank alcohol mainly on weekends - did not use illicit drugs - formed relationship with young woman & has a young child - below average intelligence.

Whether trial miscarried - whether verdict unreasonable - rulings - directions - common enterprise - witness evidence - self-defence - provocation - motive.

Appellants were convicted of the wilful murder of a female prostitute who intended giving evidence against them in future criminal proceedings.