Judge sends man to jail for carrying out violent stabbing
WHETHER an Ipswich man lured his stabbing victim to his home over infidelity accusations or to stop rumours might never be known but a Supreme Court justice is satisfied there was a deliberate plan for the "savage attack".
Anthony Scott Roy Warwick, 36, escaped an attempted murder conviction for stabbing Graham Livingstone but a jury found him guilty of malicious intent to cause grievous bodily harm.
Warwick has previous convictions for causing grievous bodily harm, possessing a knife in a public place, other violence as well as drug and dishonesty offences.
The jury could not reach a verdict on the role of his boyfriend Allen Lee Divo who will return to court on April 26 for further mention.
Justice Ros Atkinson sentenced Warwick on Friday to seven years and eight months jail, declaring the incident a serious violent offence which means he must serve 80% of the sentence.
"After confronting Mr Livingstone about something that had greatly displeased you, either rumours about what Mr Livingstone had said about Mr Divo or perhaps some suggestion of a sexual relationship between Mr Livingstone and Mr Divo ... you armed yourself with a very sharp knife," she said.
"You then stabbed Mr Livingstone as he was attempting to leave and stabbed him so deeply that you actually stabbed him into the heart.
"Mr Livingstone was not able to leave via the steps and had to take a much more dangerous route over the verandah ... in spite of his stab to the heart, ripping aside shade cloth in order to do so.
"I am satisfied ... you pursued him after he jumped off the verandah and continued to attempt to stab him.
"This was a very savage attack. You were so angry you continued to yell violent abuse at him after he escaped.
"It's is absolutely clear, beyond any doubt, that had his friend not raced him to the Ipswich Hospital ... he would have died.
"It is very fortunate for Mr Livingstone and for yourself ... that he did not die."
Justice Atkinson said Warwick then disposed of the knife, cleaned up the crime scene and fled in a "hopeless" attempt to avoid police.
Mr Livingstone spent 13 days in hospital, much of that time in a coma and in intensive care, during that November in 2011.
He had major surgery and suffered "extreme trauma".
Justice Atkinson said Mr Livingstone suffered nerve damage, had massive scars, could not continue mining work in Western Australia and had emotional issues since the stabbing.
"You did that intending to cause him that life-threatening injury," she said of the stabbing.
"He's been gravely traumatised by the attack."