A man who was sentenced to 21 years in prison for murder of New Town man Michael Williams, and grevious bodily harm of his uncle Shayne Waller, has had his conviction quashed and walked free at Hobart Supreme Court today.
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Jamie Peter Smart was found guilty last year by a jury of one count of causing grevious bodily harm and one count of murder when he and Rhys Louis Gardiner, who remains in prison, went to a Cornelian Bay unit block where it was alleged they stomped on the victims head during a fight.
Chief Justice Blow upheld the appeal and ordered the murder charge be quashed, including the 21-year sentence, and that a new trial on a charge of grevious bodily harm commence next year on the basis trial judge Justice David Porter misdirected the jury as to the standard of proof and should have corrected a misstatement made by the prosecutor..
