Children of garden point lead charge for justice
Posted on 16 May 2013 by dana1981
A young boy who was found guilty of killing his father during a violent assault on the family’s property during the Christmas holiday was given a two-year jail sentence.
A trial judge today described how the young victim, aged 14, had attacked his father while he was trying to defend his mother from a jealous neighbour by attacking his mother in the street.
Katherine Smith, 21, and her boyfriend, Joseph Smith, 21, carried out the attack in the early hours of Christmas morning, killing Mr Smith as his wife, Mildred, had gone to bed with her daughter at a house in Mount Arunanui in the Gold Coast.
Defence lawyer David Gaffney claimed the boy did not understand the consequences of his actions and was a typical teenage street urchin with no violent past.
His mother, Katherine Smith, 26, was severely injured and the couple had to be treated for severe head trauma before Smith was charged with murder and manslaughter.
«I feel this young man has already opened up in a way he’s never opened up before,» Mr Cullen said.
«He’s been raised in this community, from the time he was born — which was about five years ago — to see their values be tarnished and then to see that they’re just taken advantage of,» he said.
Mr Gaffney, defending, said the young boy was a «good kid» who was «enthusiastic» and had wanted to help others.
«He was not out there with violence — he is an honest kid, a very good kid and a wonderful young man. He’s a very good boy,» Mr Gaffney said.
«I’m just really happy he’s gotten out of this.
«When you’re young you want to see that things like that don’t happen.
«He’s in a position to protect his family, his girlfriend, and have his own life, he can’t do that.
«A normal, grown-up person might have been able to see it [his actions] wasn’t such a serious thing.»
He said the teenager had only become a troublemaker because his mother and grandmother had been trying to help him and he had «disrupted their relationshi