A WEE Waa cotton picker was yesterday sentenced to more than six years in prison for the manslaughter of Bradley Hoye in Narrabri last year.
Ashley Duane Smith, 23, will serve a period of six years and nine months in prison, with a non-parole period of four years and three months.
His sentence was backdated to May this year.
The sentence has been described as excessively lenient by Mr Hoye’s mother, Sue Hoye.
Mr Hoye was wearing a balaclava, was armed with two knives, had a blood alcohol reading of .195 and had traces of amphetamine and methyl-amphetamine in his blood when Smith beat him to death with a tree branch on Saturday, June 28, 2008.
The 32-year-old victim had been chasing a group of young men through the streets of Narrabri, after mistaking them for a group with whom he had had an earlier altercation.
He shouted after one of them: “I’m going to get you, I’m going to cut you up”, the NSW Supreme Court was told.
When one of the group grabbed a tree branch and threatened to hit Mr Hoye with it if he did not drop his knives, he called for a truce and started to back away, the NSW Supreme Court has been told.
But Smith – who had also been drinking heavily and had smoked cannabis earlier that night – took the branch and swung at Mr Hoye.
Mr Hoye died at the scene in Tibereena St at 1.40am after inhaling blood oozing from extensive injuries to his head and neck.
Smith, 23, from Wee Waa, was charged with his murder, but towards the end of his trial in September he pleaded guilty to the lesser charge of manslaughter.
At the sentencing hearing in the NSW Supreme Court in Sydney yesterday, Justice Jane Mathews said the case had fallen within the low range of culpability for manslaughter and had involved excessive self-defence.
She said Mr Smith was entitled to leniency by reason of his “contrition and remorse” displayed by his plea and interviews with clinical psychologist Peter Champion.
“On behalf of the court, I extend my deepest sympathy to the family of the deceased,” she said.
“I hope they understand that the devastation experienced by family members after a tragic event such as this cannot be used by the Court as a measure for the appropriate sentence to be imposed on the offender.”
Justice Mathews said Smith swung the stick with both hands, and struck Mr Hoye in the head on at least two occasions.
“Mr Hoye fell to the ground. Whilst he was on the ground, Mr Smith again struck him with the stick at least once, and possibly more,” she said. “He also kicked him around the head until one of his friends pulled him back ...
“The fact that he continued to strike and kick at Mr Hoye even after he was on the ground constituted an unnecessary and excessive display of aggression.”
Justice Mathews said Smith had a long history of cannabis and alcohol abuse and had begun using the substances at the age of 12.
She said post mortem examinations of Mr Hoye had also revealed a high blood alcohol level.
“Alcohol played a major role,” Justice Mathews said.
“Indeed is it highly probable that had one or other of Mr Hoye or Mr Smith not been significantly affected by alcohol, this tragedy would never have happened.”
She took into consideration Smith’s lack of a criminal record, his youth and the mitigating factor of his alcohol consumption, as well as his guilty plea, when sentencing him.
With time already served, Smith will be eligible for release on November 10, 2013.