Knife in a fist fight ends in man being stabbed
REACHING for a knife in what started as a fist fight was regarded by a Maroochydore court as a move of self defence.
But using it to twice stab a man, who had just paused in giving him a beating, was when Jason Laurence Boyd's reaction was deemed to have become excessive.
Maroochydore District Court heard on Friday that the 44-year-old had been sought out on September 29 last year by the ex-husband of the woman he was living with.
There was a history of animosity between the two which erupted after the ex-husband learned about an argument Boyd had with the man's 17-year-old son.
Crown prosecutor Rebecca Marks said the man entered a Beerwah home to fight with Boyd, ultimately gaining the upper hand.
The court heard the ex-husband had ended up sitting on top of the man, repeatedly punching him before they both rose to their feet.
Ms Marks said the man told Boyd to come outside to continue the fight before Boyd grabbed a knife, telling the man he was going to stab him and kill him.
She said the man was able to turn his body as Boyd lunged with the knife so it hit him in the shoulder instead of the chest.
The wound was described in court as superficial.
The man was backpedalling when Boyd again swung the knife.
It caused the man to fall backwards.
He was stabbed through the calf, a wound that was described as deep and required surgery to mend.
The man was then able to push himself backwards into a bathroom and lock himself in.
Ms Marks said Boyd had a criminal history in Australia and the US, where he spent 12 years in a Florida prison for sexual offending against a 10-year-old girl.
Defence barrister Jann Taylor said her client was about 30cm shorter and about 28kg lighter than the man he stabbed.
Ms Taylor said Boyd had been diagnosed with bipolar affective disorder when he was 15 and was medicated daily with lithium and tramadol.
She said he did express to police he regretted the way the fight had ended.
Judge John Robertson noted the ex-husband was the initial aggressor but Boyd had reacted excessively.
He noted Boyd had been in custody for 304 days since the incident.
Boyd was sentenced to two years and nine months in prison, to be released on parole on August 29.