Family of Daniel Pettersson confront his killer Kevin George Smith at murder sentence hearing

A judge has been asked to consider whether a man who plunged a hunting knife into the chest of a love rival did not intend to kill him as his victim’s family confronts him in an emotional court appearance.

This scene on Michael Rd at Jesmond where Daniel Pettersson died after being stabbed by Kevin Smith in 2021. Picture: Dan Proudman

A judge has been asked to consider that convicted murderer Kevin George Smith did not have an intention to kill love rival Daniel Pettersson when he plunged a hunting knife once into his chest during a wrestle inside a suburban Newcastle home.

Instead, Justice Sarah McNaughton SC has been asked to determine Smith had only intended to cause grievous bodily harm to the 34-year-old, who bled to death as he lay on a nature strip outside a Jesmond home on January 5, 2021 after Smith stabbed him once during a violent confrontation in the home’s kitchen and to sentence him accordingly.

Both men had been in relationships with the same woman – including at the same time – and it was that woman who became central to the short trial last year.

She was at the Michael St home when Pettersson arrived at 3.34pm on that Thursday afternoon, was between the men as they came together at the front of the house, watched on as they wrestled in the kitchen in the back of the house and helped Pettersson stumble out after he had suffered the fatal stab wound.

During the trial, Smith admitted to being the person who caused Pettersson’s death, but raised self-defence at trial with prosecutors left with the task of proving beyond reasonable doubt that he was not acting in self defence when he stabbed Pettersson.

Kevin Smith will be sentenced for the murder of Daniel Pettersson in April.

But the jury agreed with the prosecution and found him guilty of murder.

Smith faced a sentence hearing in NSW Supreme Court in Newcastle on Friday where Justice McNaughton heard defence and prosecution submissions as well as a series of victim impact statements from Mr Pettersson’s family.

The crime scene at Jesmond. Picture: Dan Proudman

“This erroneous act of violence has left me physically, emotionally and psychologically scarred as I have lost my dear son,” Daniel Pettersson’s mother Paula said in a statement read by his father, Alf.

She later added: “There is no end to this nightmare.”

Mr Pettersson said he had lost a son, a friend, a fishing partner and a valued member of his family.

“May justice be served for the distasteful and terrible murder of Daniel and the harm it has caused his family and friends,” Alf Pettersson said.

Daniel Pettersson

“ … my world is so empty now.”

Daniel Pettersson’s sister Natasha Perrozzi said she was at pains to think of her brother suffering in his final moments because he was injured “in such a violent way with a knife.”

“I fully condemn all knife crime and domestic violence and the actions of the offender that led to my brother being violently killed,” she said.

“And it is Daniel’s family and friends who I have witnessed collectively suffering and agonising over what happened to our loved one.

“Daniel was a 34 year old father, who was also expecting another baby and had his whole life in front of him.

“But at the hands of the offender, who had armed himself with a large hunting knife, Daniel’s life was violently and cruelly cut short.

“And now we are the ones who must live with the pain of losing Daniel every single day for the rest of our lives.”

Daniel’s brother Andrew told the court that the trauma of losing his sibling in “such a senseless and violent manner has left scars that will never fully heal. Our family has been shattered by an unimaginable loss”.

Public Defender Peter Krisenthal told Justice McNaughton that it was the victim who had twice attended Smith’s home that afternoon, and it was the victim who stormed into the house before the confrontation began.

He submitted that Justice McNaughton could not find beyond reasonable doubt that Smith had the intention to kill when he used the hunting knife to stab Mr Pettersson.

And it was that fact that could see the killing as being classed in the lower half of the scale when it comes to murder.

Smith will be sentenced in April.