David James O’Toole jailed for violent attack on friend, but given ‘lower’ parole time for rehab efforts

This man has been jailed after a shocking attack on his long-time mate as they worked on a mystery project – but a judge says he deserves a shorter wait for parole.

A man who stabbed his friend in the back 11 times in a drug-fuelled frenzy has been jailed – but earned some leniency for his new-found religious faith.

On Monday, the District Court jailed David James O’Toole for five-and-a-half years for attacking his friend and that man’s partner with a screwdriver.

Judge Liesl Kudelka said those crimes came at the end of O’Toole’s long and “escalating cannabis use” – a habit he had since kicked with the support of the church community he had since joined.

His positive steps toward rehabilitation, she said, warranted a “lower-than-usual” non-parole period of 34 months – but not a suspended sentence.

“I think the passage of time and your efforts toward rehabilitation have given you some insight into where your life was heading,” she said.

“You must, however, be punished for this offence and held accountable to the community for your behaviour … your crimes need to be publicly denounced.”

David James O'Toole. Picture: District Court

The injuries sustained by O’Toole’s victim. Picture: District Court

O’Toole, 36, was found guilty at trial of aggravated counts of causing serious harm with intent and aggravated assault.

On February 29, 2020, he stabbed a longtime friend 19 times in total with a screwdriver while working on a DIY project in a shed at West Lakes Shore.

The victim – who sustained lung, kidney, back and hand wounds – later claimed the pair had been working on a boat.

The screwdriver used in the stabbing. Picture: District Court

O’Toole – who called an ambulance for his friend, but gave a fake name and phone number – said their project was related to growing cannabis.

During sentencing submissions, he insisted he had acted in excessive self-defence and asked the court to “be as lenient as can be” when sentencing him.

Judge Liesl Kudelka concluded neither man had given “the whole truth” of the incident, saying the motive for the crime may never be known.

On Monday, Judge Kudelka said she could not accept O’Toole’s claim of excessive self-defence.

“Your evidence lacked credibility, particularly given the lack of injuries you sustained.

“Your insight (into your offending) is limited because you have maintained you acted in excessive self-defence, but I accept your remorse is genuine.”

She noted he had recently been diagnosed with mental health issues including a “predisposition to extreme and volatile mood swings” that would benefit from treatment in the community.

O’Toole – who told the court his goal is now to become a chaplain – will be eligible to seek release on parole in May 2025.