Raymond Jarvis leaves Rockhampton courthouse during day one of the trial of Daniel John Shields.
Raymond Jarvis leaves Rockhampton courthouse during day one of the trial of Daniel John Shields.

Shields found guilty of attempted murder

IT took a jury just over an hour on Friday to find Daniel John Shields guilty of attempted murder.

Shields, 49, faced trial in the Supereme Court at Rockhampton this week over an incident involving Raymond Jarvis at Gracemere in February last year.

Jurors returned about 2.30pm on Friday to deliver the verdict following a 70-minute deliberation.

Shields was accused of using a machete in an upwards swing motion to both wound Mr Jarvis under his right armpit and hit Mr Jarvis's head with a strike from behind.

He had pleaded not guilty to attempted murder, and not guilty to an alternate charge of malicious act with intent to cause grievous bodily harm.

Defence barrister Scott Moon asked the jury on the trial's final day on Friday to consider both the reliability and credibility of evidence provided earlier by Mr Jarvis.

He described the manner in which Mr Jarvis answered questions during cross-examination on Thursday as "aggressive, evasive, belligerent and argumentative."

He also pointed to Mr Jarvis's "lengthy criminal history" which included charges of theft and fraud.

 

Crown prosecutor Joshua Phillips leaves Rockhampton courthouse.
Crown prosecutor Joshua Phillips leaves Rockhampton courthouse.

It was those reasons - along with previous alleged incidents between the pair - which should cast doubt over Mr Jarvis's testimony, he argued.

Mr Moon added Shields had instead been forthcoming about his own criminal history "warts and all, frank and straight forward."

He added the accused also admitted to attending Mr Jarvis's Thora St home at Gracemere on February 6, 2019, after his partner Allison Whyte confessed her infidelity.

He said Shields confronted Mr Jarvis at property, saying "you ruined my life, mate."

It was then, he said, the accused had admitted to the altercation which left Mr Jarvis with life-threatning injuries.

During his final address, crown prosecutor Joshua Phillips again called into question the honesty of Shields' earlier claim that he was acting in self-defence.

He said Shields travelled to the home with intent to engage in "armed, weaponised violence."

"[The weapons] were readily accessible to him."

"Of all the things he had, he chose this," Mr Phillips said, displaying the machete to jurors.

"The first blow was a cowardly one, a surprise attack from behind."

READ MORE: Accused claims 'blackout' during alleged attempted murder
READ MORE: Alleged first blow in attempted murder was with machete
READ MORE: The exchanges before the alleged attempted murder

Mr Phillips said the defendant's efforts to return to his vehicle in retrieval of the weapon further proved malicious intent.

He told jurors to evaluate the ferocity Shields used to strike the victim with the machete.

He pointed to Thursday's cross-examination of Mr Jarvis in which he estimated the strike to be "three out of ten" in a level of force.

"It doesn't sound like a lot, but you know it was enough to cause the life-threatening injury.

"If you see someone take a swing you could probably get, you would think, a more reliable estimate of force, but if it's coming from behind and you don't know it's coming, obviously it would be a shocking thing," Mr Phillips said.

The stabbing motion used by Shields further proved intent, Mr Phillips argued.

Shields is expected to be sentenced in February next year.



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