How a teen stabbed a man five times and walked free
BREAKING: A teenager who stabbed his mother's abusive boyfriend five times with a flick-knife has been spared jail and a conviction.
Jesse Isaac Smith- Mackenzie pleaded guilty before Toowoomba District Court to a charge of unlawful wounding arising from the incident at the family's home on November 4, last year.
Crown prosecutor Shontelle Petrie conceded the 18-year-old's was a difficult sentence because he was only 17 at the time, had no previous criminal history and that the complainant man had initiated the domestic incident.
The teenager had been in his bedroom but could hear his mother and her boyfriend arguing loudly in the house, Ms Petrie told the court.
During the argument, the complainant had banged on the teenager's door and yelled: "You don't have the balls to defend your mother" and called the teen a number of derogatory terms, she said.
Smith-Mackenzie put a 20cm flick-knife in his pocket before exiting his room whereby the complainant pushed him down the hallway.
The complainant then raised a clenched fist above the teen as if to strike him, prompting Smith-Mackenzie to produce the knife and lash out at him.
Though he claimed he had only stabbed the man twice, the complainant sustained five puncture wounds to his chest and two lacerations, Ms Petrie said.
Despite his wounds, the complainant continued his verbal abuse, yelling at the teenager "You'll be dead, once I'm stitched up", she said.
Defence barrister Steve Kissick told the court his client didn't drink alcohol, didn't smoke or use drugs and had never been in trouble with the police.
His client had been accepted into university to do pharmacy but was taking a gap year and looking for work.
"This is very much out of character and unlikely to occur again," Mr Kissick submitted.
The complainant man had written a letter to the court in support of the teenager and accepting responsibility for the incident, saying both had learnt from the experience.
Judge Alexander Horneman-Wren SC told Smith-Mackenzie the offence of wounding was "very serious" and that his retaliation had been an "entirely unreasonable response" which the defendant acknowledged by his plea of guilty.
However, taking all matters into account, Judge Horneman-Wren ordered the conviction not be recorded and placed the teenager on 12 months probation and ordered he do 150 hours community service.