Man’s pen stabbing earns long jail stint

A MAN who stabbed his girlfriend’s stepfather in the neck with a ballpoint pen has been jailed, with doctors declaring the victim would have died without medical intervention.

Corey Albert Batchelor was in a rage after trying to get in contact with his partner, Corallee Dodd, for much of the day on April 19, 2017.

When he eventually found her playing poker machines at the Rising Sun Hotel he threw a chair at the mother of his four children.

Police prosecutor Monique Sheppard said Ms Dodd’s mother, Collette Smith, then got into a struggle with Batchelor before security intervened.

“On the looks of the footage, perhaps Mrs Smith got the better of the defendant in the end,” Ms Sheppard said.

“As a result of (that) occurring Mrs Smith has telephoned her partner.”

Upon learning about the incident Mark Smith drove to the hotel and was confronted by Batchelor on Bowen Rd.

Ms Sheppard said Mr Smith called Batchelor a “little prick” before he was struck in the neck and felt a “sharp pain”.

A struggle ensured and both men went to the ground before police arrived on scene soon after.

Mr Smith was unaware he had a biro stuck 7cm into his neck, penetrating his spinal cord.

Ms Sheppard said cerebral spinal fluid was coming out of the middle of the pen when the wound was assessed by doctors at the Townsville hospital.

“In the absence of intervention he would have died,” Ms Sheppard said.

“The defendant (who fled the scene) said he had not been under the influence of drugs or alcohol.”

Defence barrister Scott Geeves said the attack did not constitute “gratuitous street violence”.

“He did not go looking for Mr Smith, it was Mr Smith who turned up in his vehicle,” Mr Geeves said. “It is true that he did leave the scene … there was at least one police officer in attendance.

“At that stage the victim was up walking around; it wasn’t like he left him on the ground in a pool of blood struggling for breath.”

Batchelor claimed innocence when he faced trial for grievous bodily harm in December but was found guilty by a jury.

Ms Sheppard said Batchelor had relied on self-defence, claiming Mr Smith was the aggressor, but that version of events was not accepted by the jury.

Judge Greg Lynham sentenced Batchelor to five years’ jail. He will be eligible for parole after serving half the sentence.