‘Die you dog’: Sydney mum’s ’most unusual’ bail after family knife fight

She’s only one month into a four-year prison sentence for a brutal family stabbing — but western Sydney mum Emily Jane Smith has been bailed in what a judge called a “most unusual” case.

A Sydney mum has been released on bail despite just beginning a lengthy prison sentence for plunging a blade into a man’s side during a gory family knife-fight.

Jordan Springs medical receptionist Emily Jane Smith, 29, appeared in the NSW District Court via video on Wednesday dressed in prison greens.

She was convicted and sentenced, last month, to four-and-a-half years prison for grievous bodily harm alongside her on-again-off-again partner Rick Oxley.

A jury had found them guilty of stabbing Oxley’s older brother Kyle with a dagger and kitchen knife after the Oxley brothers spent the day fighting.

Kyle had shown up at the couples’ home with a baseball bat when Ricky stabbed him in the stomach, the court heard.

Emily Jane Smith, 29, is appealing her conviction for an alleged violent stabbing involving her partner and his brother. Picture: Facebook

The wounded Kyle knocked his little brother out before Smith allegedly knifed him again.

“Die you dog,” she allegedly called out while pulling the blade out.

Smith is launching an appeal, challenging directions given to the jury by the judge who presided over her case, and on Wednesday asked to be released from prison on bail.

Judge Mark Williams said it was an “unusual course” to release Smith under strict conditions, noting she was convicted of a serious, violent offence and had only been in custody since November 30.

But, he said, her appeal appeared to have a reasonable chance and it would likely take at least a year for Smith to take her case through the higher courts.

The judge granted her bail.

“You have to understand this is a most unusual circumstance,” the judge said.

Smith, 29, can return to her home near Penrith and work while the “most unusual” case plays out before the courts. Picture: Facebook

“Most people convicted by juries serve their sentence unless and until any appeals are held … you’ve been fortunate in being granted bail. Please don’t abuse that privilege.”

He warned Smith she would go back to prison if she breached her conditions or if she lost her appeal.

She would not be eligible for parole until 2025.

Smith, on Wednesday, told the court she would continue working at her job and taking care of her children while reporting to police each day.

The trial jury heard Kyle Oxley was hospitalised after the attack with life-threatening injuries, including internal bleeding and a 30cm laceration exposing his chest cavity.

Smith and Ricky Oxley fled the scene before being arrested a short time later.

They both pleaded not guilty but were convicted.

The appeal will centre around what the jury were told about the “joint criminal enterprise” between the couple during the knife fight.

Smith’s supporters described her as a “reliable” and “an extraordinary mother” in letters to the court.