An appeal court found there was reasonable doubt Kevin George Smith may have acted in self-defence.
Share this @internewscast.com

A man who admitted to stabbing a carpenter over a bitter love triangle has had his murder conviction and 20-year jail term quashed.

Kevin George Smith, 41, was found guilty in September 2023 of murdering Daniel Pettersson with a large hunting knife after a NSW Supreme Court trial.

But an appeal court today found the jury was wrong to convict Smith of murder because there was reasonable doubt he may have acted in self-defence.

An appeal court found there was reasonable doubt Kevin George Smith may have acted in self-defence.
An appeal court found there was reasonable doubt Kevin George Smith may have acted in self-defence. (Frogman1484/iStock)

Smith stabbed his love rival once in the chest at a home Pettersson had stormed into in the Newcastle suburb of Jesmond in January 2022.

His 20-year prison term also overturned, Smith now faces a District Court trial for the lesser charge of manslaughter.

Smith had a fluctuating relationship with a woman from 2016 until the day of the incident, whereas Pettersson was in a relationship with her from August to December 2019.

When Pettersson and the woman separated, he moved to Queensland.

The woman found out a few months later she was pregnant and told Smith he was the father before giving birth in July 2020.

In May 2021, Pettersson returned to Newcastle and moved into his recently purchased home when the woman reached out, suggesting he could be the father of her baby boy.

He decided to take a paternity test and during this time the woman would sometimes stay with him despite being in a relationship with Smith.

In August 2021, the DNA test proved Pettersson was the boy’s biological father and Smith found out he had been lied to about paternity.

Smith was with the woman on January 6, 2022, at the Jesmond house when an aggressive, upset Pettersson pulled up outside about 3.34pm.

Pettersson had called the woman 17 times and her father seven times as he wanted to see his son before deciding to drive to her home.

There was a confrontation in the kitchen between the two men and Pettersson was stabbed once in the chest.

Nonetheless, no witnesses from the house observed the deadly confrontation, which led the Court of Criminal Appeal to determine that there was reasonable doubt as to whether Smith acted in self-defense.

“There was a lengthy history of animosity between the applicant and the deceased, which included mutual threats,” the appeal judgment states.

Pettersson lunged at Smith after he put the knife away and Smith was not in a position to be able to escape the house, the appeal court found.

By attempting to take the knife off him, Smith would have been in “mortal danger” had Pettersson used it against him, Justice Christine Adamson said.

Smith will apply for bail when the case returns to the District Court on October 17, his solicitor Mark Ramsland told AAP.

Share this @internewscast.com
You May Also Like
New data has revealed the healthiest places to live in Australia.

Discover the Top U.S. States and Territories for a Healthier Lifestyle

A recent study has pinpointed the healthiest locations to reside in across…
Police say Berguiga helped a woman from the dance floor after she fell while celebrating New Year's Eve with friends at a Melbourne nightclub.

French National Faces Court Over New Year’s Day Sexual Assault Allegations: Latest Updates

A French man wanted for the alleged sexual assault of a woman…
'A lot of people were killed': Trump boasts about Maduro operation

Trump Highlights High Casualty Count in Maduro Operation Statement

“We had a significant presence on the ground, but the experience was…
US President Donald Trump

Trump’s Assertions on Managing Venezuela Spark Questions Following Congressional Briefing

Against a backdrop of broad but vague assertions by US President Donald…

Discover Why More Women Are Embarking on Solo Road Trips

Judi Tarn was halfway up a “treacherous” mountain trail in the French…

Swiss Authorities Disclose Details on Venue Linked to New Year’s Eve Fire Tragedy Resulting in 40 Fatalities

Swiss authorities admitted Tuesday that fire safety inspections had not been carried…
The Walwa bushfire has burned thorugh more than 1000 hectares of Mt Lawson National Park.

Authorities Alert Victorians to Elevated Fire Risk as Wildfire Sweeps Through State Park

Extreme temperatures, hot northerly winds and dry lightning could spark uncontrollable fires…
'Serious questions' over Melbourne sinkhole, tunnelling expert says

Melbourne Sinkhole Sparks Concerns: Tunnelling Expert Raises Alarming Questions

The Melbourne sinkhole that opened up near a major tunnelling project poses…
AI dominates as Australia's fastest-growing jobs revealed

AI Careers Surge: Australia’s Fastest-Growing Job Sector Unveiled

The position of AI engineer has seen the most significant growth over…
Australia's online watchdog investigates Grok's sexualised deepfake images as global backlash grows

Australia’s Online Regulator Probes Grok’s Explicit Deepfake Images Amidst Worldwide Criticism

Australians are part of the growing number of people worldwide who have…

US Reaffirms Military Preparedness Amidst Rising Tensions Over Greenland: A Strategic Perspective

The White House said on Tuesday that United States President Donald Trump…
People enjoying a warm sunny morning at the Albert Park beach on an extreme hot day in Melbourne. 7 January 2026. Photo: Eddie Jim.

Record-Breaking Heatwave Set to Scorch the Capital City – Stay Prepared!

Melbourne is bracing itself for an unprecedented heatwave as it becomes one…