Stab kill sentence appeal rejected

JANESSA EKERT A GORDONVALE father, who murdered a man with a butter knife, has failed to have the conviction overturned.

Isaac Junior Lemalu Lafaele was drunk and high on ice when he stabbed Gavin McLean in the left eye on May 27, 2015 at a Manoora unit.

The knife penetrated six centimetres into the 52-yearold’s brain.

Mr McLean was flown to Townsville Hospital and died 11 days later.

He claimed self defence but was sentenced to life imprisonment on December 15, 2016, after a trial in the Cairns Supreme Court.

He appealed the conviction on two grounds. First that the jury was unreasonable having regard to the evidence concerning Lafaele’s level of intoxication.

“The jury certainly had before it the evidence of witnesses that at times during the evening (Lafaele) was intoxicated, described as ‘really drunk’ and later as ‘blind drunk’,” Court of Appeal Justice David North said.

“I conclude it was well open to the jury to be satisfied beyond reasonable doubt that the appellant had at the time he stabbed the deceased an intention to kill or at the very least cause grievous bodily harm.”

The second ground for appeal was that sentencing Justice James Henry erred in directing the jury as to the onus of proof in relation to the defence of killing on provocation.

It was argued that the onus of proof for self defence had been placed on Lafaele when it should have been placed on the prosecution to disprove the claim beyond a reasonable doubt.

“I am not persuaded that if His Honour misdirected the jury that in the circumstances a miscarriage of justice has occurred,” Justice North said.

The appeal was dismissed.