Zye Smith overturns prison sentence for brutally bashing man in Grafton

A northern NSW teen in a “anti-social peer group” who bashed a man and kicked him in the head once he hit the ground was “curious” to experience prison, a court heard.

Zye Smith, 18, has been released from prison after a brutal bashing in Grafton.

A young “thug” in a “anti-social peer group” who bashed a man and kicked him in the head once he hit the ground was “curious” to experience prison, a court heard.

But he has now been allowed to return into the community after a prison sentence was successfully appealed.

Zye Smith is only 18 and has spent most of his short time as an adult behind bars.

Smith faced Grafton District Court on Monday appealing a February 7 decision which resulted in him being jailed for two years.

Smith approached a man and was “looking for a fight” on Ryan St in Grafton on November 8 last year.

The offender unleashed a flurry of punches without provocation.

The victim fell to the floor and Smith kicked and punched him in the head.

Smith had to be pulled away to allow the bloodied victim to escape.

Smith brutally assaulted a man without provocation, the court heard.

The victim suffered significant cuts and needed stitches.

Judge Jonathan Priestley said Smith had been “running amok, with no regard for the community’s safety”.

Smith believed he had barely hurt the man, the court heard.

He pleaded guilty to assault occasioning actual bodily harm, being carried in conveyance taken without consent, causing or permitting use of an unregistered vehicle and unlicensed driving.

Defence lawyer Joshua Craig told the court Smith’s parents “let him down”.

Mr Craig said Smith was involved in an “anti-social peer group” which was a “revolving catalyst” for his criminal behaviour.

Judge Priestley told the court Smith wanted to remain close to his friends and refused help from family.

“By choosing to remain friends with people who regularly engage in crime, he seems to intend on staying a criminal” he said.

The court heard Smith was eager to experience jail. Picture: Clarence Valley Correctional Centre

Mr Craig said Smith was “curious” to experience jail and Judge Priestley described that revelation as “extraordinary”.

“Who in their right mind would want to find out what custody is like? Fair assessment – it would be horrible,” he said.

“It reflects the difficulties this young man faces if that’s what his interests are.”

Judge Priestley then slammed Smith’s attitude: “He has zero insight into consequences and no intention of ceasing negative friendships.”

The court heard during Smith‘s brief time as an 18-year-old, an adult, he had become known for seeking fights in the community.

Smith engaged in fights “as a way of dealing with anger” and “sustaining his standing”, the court heard.

“It may be a reputation he wants to lose,” Judge Priestley said.

He said Smith made no effort to better himself.

“Why’s he comfortable being in an anti-social peer group? Why doesn’t he do something sensible – get educated, or find a job?” Judge Priestley said.

Smith rejected intervention and believed there was no adverse effect from using methamphetamines and cannabis, the court heard.

Judge Priestley said he was “troubled greatly” by Smith.

“The boy has no clue – he troubles me greatly,” Judge Priestley said.

The young man also snatched several motorbikes before parading down the street with friends and being caught, court documents state.

Judge Priestley labelled the vehicle thefts as a “grubby” act.

Smith was previously sentenced for assault occasioning bodily harm in company.

Judge Priestley said: “Community safety is a bright light in (Smith’s) case”.

“It’s almost certain he would go and hurt someone else with his attitudes,” he said.

Judge Priestley said one major consideration in Smith’s favour was his young age.

The original sentence was successfully appealed and Smith was due to be released on Monday.

Smith was warned to stay out of trouble while serving a 12-month community corrections order.