The family felt they had been given a life sentence, and would live with the memories of what happened to Whitehead for the rest of their lives.
They felt Smith could’ve made a different decision, and encouraged him to do the rehabilitation offered to him and break clear of gang influence. They believed he should stay in prison.
“Mr Smith is someone who may be safe to release at some point in this sentence. He accepted the board was going to need to see evidence he’s addressed his rehabilitative needs.”
“What we are seeking is a date for further consideration and a direction from the board as to the relevant steps, or activities that they expect will be completed by that date.”
Kirby suggested the next date would be one that gave him time to complete a program and receive individual psych treatment.
“Mr Smith is someone who may be safe to release at some point in this sentence. He accepted the Board was going to need to see evidence he’s addressed his rehabilitative needs.”
Smith remained willing to meet with Whitehead’s family to express his remorse in person and apologise.
Joshua Smith cried as he was addressed by Connor's father, James Whitehead at sentencing. Photo / George Heard
Kirby said Smith had been attacked by members of the Crips gang while in prison.
He also addressed some “recent misconducts”, including a recent incident where Smith admitted headbutting a fellow prisoner.
There was other alleged misconduct, which Smith denied, including involving contraband.
The misconduct had resulted in Smith’s security classification going up to high.
Smith told the board he had applied to have the contraband charges dismissed as he claimed it had been established there was “very little evidence to support their claims”.
He had also applied for a review of his security classification.
Board member Alan Hackney told Smith there were several possibilities before the board, including asking for a psychologist’s report and bringing him back again before the board earlier, or wait for him to be assessed at a later stage.
He preferred to know what was happening with his psychologist assessment so he could start “my journey through rehabilitation process”.
The board agreed to request a psychologist’s report and they would see him again in five months. It would also give him more time to sort out the allegations around misconduct and his security classification.
“It doesn’t mean we will look at releasing you then, clearly you need to do some rehabilitation, that will take some time.
“At least then we will know, you will know, what that rehabilitation will look like.”
Joshua Smith, left, and Daniel Sparks. Photo / George Heard
At trial, the Crown alleged both men responded to a call for help from Sparks’ son, as the party got out of control and he was threatened, by arming themselves with loaded firearms – a Stevens shotgun and a Mossberg shotgun – in Smith’s VW Golf.
About 11pm, the two men arrived at the party. Sparks’ son pointed out the group of people acting aggressively towards him. Sparks approached them and there was a verbal argument. Gang signs were pulled and there was yelling.
Two shots were eventually fired, one from each of the firearms, one by each of the defendants.
The two shots were about six seconds apart. The Crown said the most likely scenario was that Smith fired the fatal shot that struck Whitehead and that Sparks fired a shot from the Mossberg into the air, likely from the car.
He said Smith offered to plead guilty to manslaughter earlier in February 2022, which was declined. He made another offer in January last year.
Sam Sherwood is a Christchurch-based reporter who covers crime. He is a senior journalist who joined the Herald in 2022, and has worked as a journalist for 10 years.
