She told them about matters of general importance to all trials, gave some directions about assessing evidence, summed up the cases for the Crown and defence and gave further direction about the deliberation process.
Daniel Nelson Sparks (left) and Joshua David Craig Smith have pleaded not guilty to murdering Connor Whitehead. Photo / George Heard
The Crown allege both men responded to a call for help from Sparks’ son, as the party got out of control and he was threatened, by arming themselves with loaded firearms – a Stevens shotgun and a Mossberg shotgun – in Smith’s VW Golf.
About 11pm the two accused arrived at the party. Sparks’ son pointed out the group of people acting aggressively towards him. Sparks approached them and there was a verbal argument. Gang signs were pulled and there was yelling.
Two shots were eventually fired, one by each of the firearms, one by each of the defendants.
The two shots were about six seconds apart. The Crown said the most likely scenario was that Smith fired the fatal shot that struck Whitehead and that Sparks fired a shot from the Mossberg into the air, likely from the car.
Whitehead was shot in the chest. His injuries were not survivable.
In his closing address, Smith’s lawyer, James Rapley KC said the trial had been “difficult and distressing.
“Connor Whitehead was totally innocent, his killing was shocking, senseless, and should never have happened.”
Connor Whitehead's father, James Whitehead, arrives at court ahead of the three-week murder trial. Photo / George Heard
Smith accepted it was his fault and that he was responsible for Whitehead’s death, but that it was manslaughter, not murder.
“Mr Smith never intended to kill Connor. Mr Smith never intended to cause Connor harm, and he never thought that Connor or anyone else would be likely to die.”
In his interview with police, Smith lied and said he did not fire any shots. Rapley said members of the jury needed to take care they did not jump to conclusions from his interview.
He said the Crown argued Smith was guilty of murder in three different ways. That Smith intended to kill Whitehead, or that he intended to cause him bodily harm and knew that firing a gun was likely to cause death and knowing that consciously ran the risk he might die.
Alternatively, the Crown argued that Smith discharged the firearm with the object of threatening to cause grievous bodily harm and when he did that he knew that firing a shotgun was likely to cause someone to die.
Joshua David Craig Smith is charged with murdering Connor Whitehead. Photo / George Heard
Rapley added the Crown had not proved that when Smith fired the shotgun he knew it was likely to cause the death of a partygoer.
He argued Smith was trying to scare and intimate the uninvited partygoers.
He said why two grown men would take guns to a party was “hard to fathom” and was wrong, but just because they took them did not mean they intended to use them.
Smith was “reckless” and “foolish” in shooting the gun hoping the crowd would disperse, he said.
“The fact he caused Connor’s death does not make him guilty of murder.
“Mr Smith did not intend to shoot Connor, he intended to shoot away from the crowd in the street, he didn’t know when he shot the gun it was likely to cause death.”
Sparks’ lawyer, Donald Matthews, said Whitehead’s death was an “absolutely senseless tragedy.
“When Mr Sparks answered his son’s call, he didn’t think that anyone would die. He didn’t intend for anyone to die, didn’t foresee anyone would die.”
Sparks could not and must not be found guilty of murder as a party, Matthews said.
“When the men arrived he exited the car, he was unarmed and set about trying to cool things down. The fatal shot was then fired by Mr Smith in circumstances that were entirely unexpected and unanticipated.”
Whitehead’s death went “well beyond any common purpose”.
The jury could not safely conclude Sparks knew a killing could well happen when they went to Heaphy Place.
Matthews said it was not disputed Sparks was a gang member.
“He’s more than a gang member, he’s a father, a partner, a valued employee.”
Matthews said “all hell had broken loose” at the party before the men arrived.
Sparks was “completely wrong” taking a firearm to the party. However, his actions had to be taken in the context of taking a panicked call and acting “impulsively”.
Evidence suggested that from Sparks’ perspective, things had calmed down a little when Smith fired the shot.
“Mr Sparks is an idiot, there’s no getting away from that, he responded foolishly, rashly,” Matthews said.
He said the Crown case against each man was different. Smith was the “principal offender”.
Before the fatal shooting Smith and Sparks agreed on a common goal, Hawes said.
“It’s not suggested an actual plan to murder or kill Connor, or anyone else. But there was a common and unlawful goal of travelling together to Heaphy Place with firearms and to confront and threaten unwanted partygoers.”
In intercepted communications after the shooting, Smith tells an associate Sparks’ son was being attacked by Crips.
“We shot over there. And then f****** 30 or 40 of them come out of nowhere and then we were getting surrounded by them, so we popped off some shots bro and we might’ve shot one of them.”
Later in the call, Sparks said: “And Josh can’t remember like f***, how high he f******, popped off a round, doesn’t seem to think he hit any, anyone … but on Facebook it’s saying that there’s, um, that someone got shot.”
Hawes also mentioned Smith’s interview with police where he “lied from start to finish.
“I suggest you can’t accept anything he says in his interview that’s not verified by other witnesses.”
In his interview he said he did not fire any shots and shifted the blame on Sparks, Hawes said.
“Mr Smith’s account is demonstrably false and tells you nothing about his state of mind when he fired the fatal shot.”
Smith reported his car stolen after the shooting, assisted in burying the firearms, was likely involved in burning other evidence and lied about his involvement in the shooting.
“Every aspect of his statement is untrue,” he said.
