Win for new mum Emily Smith after she stabbed brother-in-law

A new mother who was jailed for stabbing her partner’s brother has scored a victory in court as she attempts to overturn her conviction.

A new mother who was jailed for violently stabbing her partner’s brother has scored a win in the state’s highest court after her bail conditions were relaxed.

Emily Jane Smith appeared in the NSW Supreme Court on Wednesday amid a battle to overturn her conviction for inflicting grievous bodily harm during a family knife fight in March 2020.

She was last year sentenced to at least two years and three months behind bars for plunging a knife into the side of her partner’s brother, Kyle Oxley.

The court was told the victim was brandishing a baseball bat when he turned up uninvited at the home Smith shared with her on-again-off-again partner Rick Oxley.

The bail conditions for convicted stabber Emily Jane Smith have been eased. Picture: Facebook

He stabbed his brother in the stomach before Smith followed suit by plunging her knife into the victim’s side.

The court was told she ripped the knife up his side while yelling “die, you dog”. The victim was left with a deep 40cm laceration on his side, the court was told.

After her boyfriend initially tried to cover up her participation to protect her, Smith allegedly told him “who gives a f**k, I stabbed him too”.

Oxley was sentenced to five years and 10 months in jail for inflicting grievous bodily harm on his brother, while his girlfriend was sentenced to 4½ years behind bars.

Smith launched an appeal against her conviction and was granted bail earlier this year. The court imposed strict conditions on the pregnant woman, who has since given birth.

The medical receptionist held her baby in her arms when Smith fronted court on Wednesday to ask for her bail conditions to be varied. The court was told she had more than one child.

Her lawyer asked the court to ease a bail condition that prohibited the new mother from leaving her house between the hours of 10pm and 4am.

She has launched an appeal against her conviction for stabbing her brother-in-law. Picture: Facebook

Smith should be allowed to break the curfew to work or seek emergency medical treatment for herself and her children, her lawyer argued.

Justice Julia Lonergan acknowledged the variation was not opposed by the prosecution, who noted Smith had been “compliant with (her) bail conditions for a considerable period of time”.

She agreed to allow Smith to leave the house for emergency medical care or work.

“The applicant can come and go as she chooses except for between the hours of 10pm and 4am,” Justice Lonergan said.

Originally published as Win for new mum Emily Smith after she stabbed brother-in-law