The Crown has appealed to the Court of Criminal Appeal a sentence handed down to a South Launceston man who stabbed a man six times in his home.
The notice of appeal claims the 12 month Home Detention Order handed down by acting Justice Shane Marshall was manifestly inadequate in all the circumstances.
The Court of Criminal Appeal comprises three judges who review cases.
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Daniel James Crisp, 29, was found guilty by a Launceston jury of one count of committing an unlawful act intending to cause bodily harm by wounding with a knife on March 16, 2019.
He was acquitted on a second allegation of assault.
Acting Justice Marshall said that Crisp woke to find a male guest in his home commencing to sexually assault his fiancé.
Crisp threw punches at the man which acting Justice Marshall said the jury must have considered as being taken in reasonable self-defence of his fiancé.
"The jury appears not to have accepted that the complainant was having consensual sex with your fiancé when you saw him after coming into the lounge room from your bedroom," he said.
However, he said the subsequent wounding of the complainant was not justified.
The complainant's stab wounds caused a punctured lung
"Shortly after the crime he made his way to the Launceston General Hospital and was treated. But for doing so he may have died. He spent four days in hospital," acting Justice Marshall said.
In sentencing he said that a term of imprisonment would ordinarily be appropriate for such a crime.
However, he accepted a submission from defence counsel Grant Tucker that Crisp was of good character with full time job as a chef and a stable relationship.
"The imposition of a home detention order brings home to you the significance of your actions on the night in question," he said.
"A fully suspended custodial sentence, while a realistic option, is unlikely to remind you as much about the significance of your offending as a home detention order."