During a visit to his mother’s house, our client got into an argument with his heavily intoxicated younger brother. The brother made threats to our client whilst armed with a smashed bottle and a pair of gardening secateurs. Our client just wanted to go home and in turn armed himself with a large kitchen knife to assist his departure. On the way to his car our client kicked his brother to get him away. The brother slashed at our client, injuring his arm. Our client stabbed his brother in the abdomen, causing the knife handle to break off. Unsure where the knife was and in fear of further violence, our client struck his brother in the head with a wooden pole. The brother fell unconscious to the ground, driving the knife deep into his body and causing life-threatening injuries.
Our client was originally charged with aggravated grievous bodily harm. We were able to successfully persuade the prosecution to downgrade the charge to aggravated unlawful wounding, on the basis that the life-threatening injuries were the unintended consequences of acting in self-defence. We presented a forceful plea during sentencing proceedings, successfully securing a suspended term of imprisonment for our client.
