The Court sentenced the offender to 7 years imprisonment with a 4-year non-parole period for inflicting grievous bodily harm with intent (s 33(1)(b) Crimes Act 1900) following a jury trial. The sentencing judge rejected the Crown's submission of premeditation, finding no evidence the offender knew his brother was in the house before arming himself with the knife, and found the offence was committed in circumstances of excessive self-defence which reduced objective seriousness to just below mid-range. Special circumstances were found warranting departure from the statutory ratio, based on the offender's first substantial period of imprisonment, changed family circumstances, and need for post-release supervision addressing drug use and aggression.
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