Trasei Shirley-Ann Mckinley discharged, Dylan Law fined for sword wounding
A couple charged with stabbing a mum with a wall-mounted samurai sword have been found to have acted in self defence against violent, drug-addled relatives.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
A couple charged with stabbing a woman with a wall-mounted samurai sword have been found to have acted in self defence against violent, drug-addled relatives.
Dylan Law and Trasei Shirley-Ann Mckinley, then 42 and 22, were at a home on Nicklin Dr in Beaconsfield when Ms Mckinley’s mother was stabbed in the thigh, and her mother’s partner was cut.
Each faced charges of wounding, but crown prosecutor Matthew Sutton discharged Ms Mckinley when Law’s sentence came before Mackay District Court on Wednesday.
Judge Leanne Clare said the incident on October 2, 2021 happened after the mother grabbed Ms Mckinley by the throat, and her partner started punching Law in the face.
“They were drunk and high, they were angry and violent, and the attack was sudden … starting as soon as you arrived,” Judge Clare said.
“Screaming abuse at both of you … a witness in the house thought the father was going to kill you (in) a murderous rage.
“(The father) hit you twice before you defended yourself (and) as you got up he kicked you in the face, (leaving Law with) a black eye, broken teeth, and an arm rendered useless.
“The only thing you could find to defend yourself was a sword on the wall.
“As the parents moved towards the back shed … you tried to placate them (but) they both charged (and) at some point the sword went through (the mother’s) leg.
“The facts are clear.
“These two people were violently out of control … you were justified in taking a weapon for protection”.
The court heard the back shed under threat held Law’s possessions for his small business.
Judge Clare said the wounding was an outlier for Law, who otherwise had no history of violence, and he likely would have been acquitted if the matter had gone before a jury.
When Law addressed the court before being sentenced, he said the incident was his “first fight since high school”.
“I am not a violent person,” Law said.
“I am deeply remorseful and I did not mean for anybody to be permanently injured.”
Law insisted “he did not stab anybody”, rather the injuries resulted from the group “rolling around on the ground with the sword”.
But Mr Sutton objected to him changing the agreed facts.
Law served 202 days in pre-sentence custody after the incident, and was only released on April 21, 2022.
Defence barrister Scott McLennan said his client was studying at university with dreams of being a geologist.
Judge Clare said Law posed “no risk to the community” and his “excellent” character references indicated he would continue to be a “productive member of our community”.
“Under our law, a person is entitled to use such force as is reasonably necessary in defence of themselves,” she said.
“In short, the circumstances of this case are extraordinary and exceptional.”
Law, who pleaded guilty to unlawful wounding (domestic violence) was given a good behaviour bond with a recognisance of $1000.
A conviction was not recorded, with gasps of relief heard from his family members in the court gallery.