A man who was found not to be acting in defence of his partner when he stabbed a man six times with a knife has avoided jail.
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Daniel James Crisp was given a 12-month home detention order in the Launceston Supreme Court on Thursday.
The 29-year-old South Launceston man was found guilty by a Supreme Court jury on December 15, 2020 of committing an unlawful act with the intention of causing bodily harm.
The jury concluded Crisp did cause grievous bodily harm to Daniel James McNeill by stabbing him to the abdomen and chest six times with a knife in the early hours of March 16, 2019.
However, he was found not guilty of assaulting Mr McNeill by punching him to the head a number of times.
The circumstances which led to the life threatening stabbing incident were debated in sentencing hearings.
In court on Thursday, Acting Justice Shane Marshall said the jury had not accepted evidence presented during the trial by McNeil that he had consensual sexual relations with Crisp's partner.
Rather, Crisp had acted to prevent Mr McNeil from sexually assaulting her after he woke up and found them together.
In his comments of passing sentence, Acting Justice Marshall said from its verdict on the assault count, the jury must have considered that Crisp's actions of punching Mr McNeil immediately after "were taken in reasonable self-defence of your fiancé".
"The jury, in convicting you on the second count on the indictment, must have considered your subsequent wounding of the complainant six times with a knife was not an action justified in the defence of your fiancé in the context of s 46 of the Criminal Code."
In considering a home detention assessment order provided to the court Acting Justice Marshall said Crisp, who works full time as a chef, was "extremely remorseful" for his actions.
He had no prior criminal history, posed a low risk of re-offending and given his age, had excellent prospects of rehabilitation, Acting Justice Marshall said.
He said Crisp's offending was "out of character" and that the victim impact statement provided to the court from Mr McNeil where he claimed to be suffering from ongoing trauma related to the incident, should be given little weight.
Jessica Willard
Being a health reporter to me is about more than just reporting the problems. It's about asking why they are happening in the first place and what needs to change to fix it.
Being a health reporter to me is about more than just reporting the problems. It's about asking why they are happening in the first place and what needs to change to fix it.
