Jail for Lutana stabbing death

A MAN who stabbed another man to death outside a Lutana house in 2016 will spend at least five years behind bars.

A jury found Robert Michael Allen, 48, guilty of the manslaughter of Justin Michael Tonner, 39. In the Supreme Court in Hobart yesterday, Justice Michael Brett said it was a “serious case of manslaughter by intentional act”.

The court heard Mr Tonner initiated a fight with Allen, who produced a knife and stabbed Mr Tonner three to four times. The fatal wound was to the back of Mr Tonner’s right knee, which severed an artery.

Justice Brett said Allen was in a Lutana kitchen with two women, his ex-partner and another friend, early on the morning of April 11, 2016. He said Allen had consumed methamphetamine and alcohol.

“The conversation had been pleasant, the mood was peaceful,” Justice Brett said.

“All this changed very abruptly just after 6am when Mr Tonner arrived at the house.”

Justice Brett said Mr Tonner was violent towards the two women and Allen and Allen forced Mr Tonner outside.

Justice Brett said Allen’s actions up until that point were reasonable self-defence. But he said the situation quickly turned and Allen had the upper hand in the fight and continued to attack Mr Tonner.

The court heard Allen was before the court for seven assault charges in 2004 and had prior dishonesty, drug and traffic offences, as well as a breach of a family violence order.

Allen was on bail before his trial and his lawyer Kim Baumeler yesterday said he had been run over and threatened during that time.

Justice Brett sentenced Allen to eight years in prison and he will not be eligible to apply for parole until he has served five years.