Chris John Mitchell, Michael David Poynter jailed for grievous bodily harm

Two men accused the wrong person of stealing a ute before attacking him and two of his housemates with a pole and a knife.

Two men have been jailed, with one of them to face deportation to NZ after pleading guilty to a violent home invasion.

A missing ute was the catalyst for a violent pre-dawn home invasion committed by two middle-aged men who bashed and stabbed a sleeping Ipswich resident in a case of mistaken identity.

Riverview men Chris John Mitchell, 56, and Michael David Poynter, 42, received jail orders of six years each when their sentences were finalised on Monday, 20 months after their violence was committed against two men and a women at the house.

In the Crown prosecution case before Ipswich District Court, Mitchell appeared from jail via video-link, and Poynter appeared in person, having earlier been allowed free on bail.

Both men pleaded guilty to entering a dwelling and committing unlawful assault on a female at Raceview on November 28, 2019; entering a dwelling with intent to do grievous bodily harm and doing grievous bodily harm; two counts of unlawful wounding; and unlawfully assaulting and doing bodily harm in company when armed with a metal pole.

Crown prosecutor Jacqueline Malouf said both men went to the Raceview house at 4am and while there had armed themselves.

Mitchell was armed with a knife and Poynter with a metal pole.

The court heard Mitchell contacted one man at the house the day before while trying to find a missing ute.

A man asleep on the lounge was struck with the pole to his knees. The court heard this continued even with the injured man saying his leg was broken, with a broken bone piercing his skin.

Ms Malouf said Mitchell stood over him and used the knife to stab his arms, causing five wounds including one to his leg.

The screams of the injured man woke two other residents.

One offender was heard screaming out another man’s name saying “ *** you dog you are going to get it now”.

A woman told the attacker that the man was not that person but Poynter swung the pole, striking an arm.

The court heard another male resident began fighting back and threw a brick at Poynter.

Poynter and Mitchell fled the scene in a ute.

Poynter was arrested on December 19 and Mitchell three days later.

Judge Dennis Lynch QC said facts referred to a witness saying that the knife was stabbed then twisted into the man’s leg.

Ms Malouf said it was very serious offending with the man suffering deep wounds and fractures.

Penny White, the defence counsel for Mitchell, said there were totality issues because of the existing jail sentence he was serving.

Ms White said Mitchell was also a New Zealand citizen, who after 20 years of living in Australia would be deported after his sentence was completed.

Ms White said he only began offending late in life due to his use of methylamphetamine when he moved into a shared house after his marriage failed. He had since spent 19 months in custody.

Scott Neaves, the defence counsel for Poynter, submitted for a jail term of six years with parole eligibility at one-third.

“It is significant punishment for a man who has not been in prison before, or a regular client of the court,” Mr Neaves said.

“His references clearly show it is out of character. A man who was doing well and who will not trouble the courts again.”

Mitchell was sentenced to six years jail with parole eligibility from late June 2022. With time being served on other matters the sentence is effectively 7 1/2 years.

Poynter was sentenced to six years jail, and with six months previously spent in custody will be eligible for parole in January 2023.