Joseph Kenneth Malayta learns fate after invading Sarina home, stabbing woman

A Facebook exchange led to a terrifying home invasion where a woman was stabbed in the chest by a convicted burglar armed with a XXXX bottle and a knife.

Joseph Kenneth Malayta was sentenced in district court following his perpetration of a home invasion and attack on a Sarina home. Photo: Fergus Gregg

A paranoid schizophrenic man who relapsed into drug abuse and invaded a Sarina home, stabbing a woman inside, has learned his fate.

Joseph Kenneth Malayta, 43, pleaded guilty in Mackay District Court to breaking with intent while armed at night and unlawful wounding.

The court heard Malayta visited the home of the victim, who he knew, in Sarina on June 16, 2023.

The pair had been communicating on Facebook when Malayta decided to go to the house in person and a verbal confrontation took place.

A neighbour intervened and managed to walk Malayta from the scene, however he later returned and entered the woman’s home brandishing a bottle of XXXX beer.

A Sarina local, Malayta later spent time in the Cleveland Youth Detention Centre where he was the victim of sexual abuse. Photo: Fergus Gregg

The woman was handed a pole by her 11-year-old son and struck Malayta on the arm with it and he swung the beer bottle at her head.

At some point, he armed himself with a knife and, as they struggled, he stabbed her in the chest.

The court heard Malayta did not intend to wound the victim but accepted it as a “reasonably foreseeable consequence of arming himself with that knife”.

The neighbour who previously intervened once again arrived and disarmed Malayta.

The victim was transported to hospital where examination revealed she sustained a deep incise wound cutting into muscle, she was treated and released the next day.

Judge John Coker said the home invasion was no doubt horrifying for the victim.

“A person's home should not be the subject of invasion by anyone else no matter what the circumstances,” Mr Coker said.

He was diagnosed with post-traumatic stress disorder from his childhood and is currently continuing his treatment in Moranbah. Photo: Fergus Gregg

Malayta’s defence barrister Scott McLennan said his client had a prejudicial childhood and later developed paranoid schizophrenia.

The court heard Malayta’s criminal history included drug offences, violence, eight previous convictions of burglary and time spent in prison.

Following his incarceration, Malayta abstained from drug abuse for a period between 2019 and 2023.

According to Mr McClennan, what triggered Malayta’s relapse was the commencement of a personal injuries case regarding childhood abuse.

“Part of that process involves psychiatric assessment which he describes as bringing back old memories and unfortunately after years of abstinence he slipped back into meth use,” Mr McClennan said.

He said that on June 16, 2023 Malayta was both drunk and under the influence of drugs.

Mr Malayta was remanded following the incident and released on bail on November 29, 2023.

Since then, he and his partner had relocated to Nebo, distancing him from “drug associates” in Sarina and continuing his treatment, committing no further offences.

Judge Coker said the gap in offending between 2019 and 2023 gave the appearance of growing maturity of Malayta’s part and said Malayta was now receiving a monthly injection of antipsychotic medication.

“To be frank I thought your actions would have warranted a sentence in the range of four years,” Mr Coker said.

“I note the rehabilitation that has been undertaken, and that time was served by you and was deemed appropriate that bail should be granted.”

Declaring Malayta’s 167 days spent in custody as time served, he sentenced him to three years in jail with immediate release on parole.

“Mr Malayta you have an opportunity to move ahead with your life,” he said.

“I would strongly suggest the steps you have been taking should not be discontinued … hopefully this will be the last time I or others see you before court.”

Convictions were recorded.