Upset at 'lenient' stab sentence

Tom Smith was "getting his life together," said his mother

The mother of a man stabbed to death in a row over a stolen motorbike has criticised a three-year jail sentence for his killer at Cardiff Crown Court.

Brian Evans's sons believed that Tom Smith, 20, had stolen a motorbike.

Evans, 40, of Caerphilly, was attacked by Mr Smith with a baseball bat as he tried to resolve the row and stabbed him in the chest, the court was told.

He admitted manslaughter by provocation but afterwards Vivian Smith said three years was "not enough for any life".

Peter Murphy QC, prosecuting, said there had been a series of incidents relating to the motorbike Mr Smith was believed to have stolen from Christopher Evans four days earlier.

"Matters rapidly became more hostile, exacerbated by his denial in the bike's disappearance," Mr Murphy said.

On the night of the stabbing, in November 2008, he said, Mr Smith's girlfriend, Claire Stone, had texted Evans to tell him two of his sons had been waiting outside her house with golf clubs, waiting for Mr Smith to arrive.

I will never forget the damage I've caused to everyone including my own family Brian Evans

Mr Murphy said Evans then went round to her home in the Penyrheol area of Caerphilly to try to sort matters out in a "calm and relaxed way".

When Evans was at the house Mr Smith arrived and, while witness accounts of what happened next vary Mr Murphy said, Evans received head and back injuries from a baseball bat.

The younger man also suffered a stab wound to the heart.

He said Evans was heard saying "die" as Mr Smith lay in a pool of blood on the floor.

Evans then sat in his van and waited for the police to arrive, Mr Murphy said.

When they arrived Evans told officers: "Put me in the van I've waited here 30 minutes for you."

Asked if he had stabbed Mr Smith, Evans replied: "Yes".

Evans pleaded guilty on the basis he had not expected Mr Smith to be at the house and he was provoked into losing his self control by the victim hitting him with a baseball bat.

I agree with the comment it is not much for a life, but the reality is the circumstances were as they were Recorder of Cardiff Nicholas Cooke QC

The knife he used had also already been in his van for cutting a tow rope.

John Charles Rees QC, defending, read out a letter Evans had written to the judge expressing his remorse.

In it, Evans said he deeply regretted his actions and thought about "Tom and his family every single day".

The letter added: "I will never forget the damage I've caused to everyone including my own family."

Mr Rees added that Evans had previously been commended for his part in trying to rescue children from a house fire in Caerphilly.

Sentencing, the Recorder of Cardiff Nicholas Cooke QC, said: "It's worth reflecting on the fact you've taken so young a life. You could have fled, you could have avoided using a knife.

'Huge void'

"In the other direction, I don't overlook the fact you have saved lives in the past in circumstances taking particular courage."

Jailing Evans for three years, he said: "I agree with the comment it is not much for a life, but the reality is the circumstances were as they were."

Mr Smith's mother Vivian said she did not believe Evans was remorseful.

She said: "There was an argument between three young lads and Tom. I protect my children with my life but I would not kill for them."

Mrs Smith, from Llanbradach, added: "Three years is not enough for any life.

"Our Tom was just getting his life together, he was doing so well in college."

Paying tribute to her son, she said: "Tom was our 'Jack the Lad', he would help anyone and had a full of life personality that drew people to him."

She said his death had left a "huge void".