Benjamin James Emonds, 21, stabbed his Blackwater neighbour in the chest on January 25, 2021

In what a Judge described as an “irrational violent outburst”, a Central Queensland Man stabbed his neighbour in the chest after being asked to turn his music down in the early hours of the morning. READ WHAT HAPPENED IN COURT

A young man poured petrol over himself and said “try tasering me now” to police wanting to arrest him for stabbing his neighbour through a bedroom window.

Benjamin James Emonds, 21, pleaded guilty on April 1 in Rockhampton District Court to one count of wounding.

The court heard Emonds, who has a bad history with police, had been released from custody six weeks before the stabbing and he had allegedly committed a common assault a month earlier.

Crown prosecutor Millie Volck said the stabbing victim was woken by loud music played at Emonds’ neighbouring residence in Blackwater about 1.35am on January 25, 2021.

She said Emonds had been drinking “a box of wine” with another male during the night.

Ms Volck said the victim yelled out the window for Emonds to turn the volume down, with which the defendant complied for a short period.

She said about 30 minutes later, the victim woke up again to loud music and again, yelled out for the volume to be turned down.

This time, Emonds jumped the fence into his neighbour’s yard after his friend went inside Emonds’ residence.

Ms Volck said the victim told Emonds to go back over the fence to which Emonds replied “what are you going to do about it?”

She said Emonds walked up to the victim’s bedroom window and stabbed the man, 57, in the chest through the flyscreen and said “what are you going to do about it now?”.

Ms Volck said the victim, who sustained a three centimetre laceration to his chest which required stitches, called emergency services.

She said Emonds went back to his place and told the other male “he’s called the cops, we have to go”, with the pair fleeing to a nearby park where Emonds confessed to his friend he had stabbed someone.

Ms Volck said the friend arranged a lift and left while police caught up with Emonds as he walked back down his street, yelling, before he ran and a short time later, he was located hiding behind a tree in the same street about five doors down from his home.

She said Emonds emerged from a tree walking towards police, holding a fuel container and then poured fuel on himself while yelling “try tasering me now”.

Ms Volck said police directed the defendant to lie on the ground, however Emonds continued walking towards police before he was tackled.

She said a knife was located near Emonds which was later identified as the one he took from his knife collection in his kitchen and used in the stabbing.

Ms Volck said Emonds was transported to the Blackwater Hospital to be treated for fuel burns, not fire burns, before being charged and held on remand.

Defence barrister Ross Lo Monaco said Emonds started using methamphetamines when he was 17 and only stopped when he was remanded in custody, however, alcohol was the problem the night of the stabbing.

Barrister Ross Lo Monaco.

He said his client had been on medication for paranoia and depression since being taken into custody.

Mr Lo Monaco said Emonds’ parents lived in Sarina and his father worked as a diesel fitter in Blackwater.

He said Emonds’ siblings worked in aged care and at Main Roads.

Emonds was on a probation order from September 2020, which he breached at the time of the offence, and had been convicted for a serious assault on police in May 2020.

Ms Volck said Emonds’ criminal record included 15 convictions for crimes against police which clearly showed he had an issue with authorities.

Judge Jeff Clarke said Emonds had been released from custody six weeks before the stabbing, having served the full seven-month prison term he got handed in May 2020 in Rockhampton Magistrates Court for four counts of serious assault of a police officer.

He said this was a “completely disproportionate and irrational violent outburst” in response to a simple request to turn the music down in the early hours of the morning.

Judge Clarke said there was potential for a fatal injury.

He said the victim’s impact statement talked of his issues now with anger and his distrust of strangers.

Judge Clarke said the victim’s wife was unable to accompany him to Rockhampton as she cared for her elderly mother and that added to the distress he was feeling.

He said the victim’s children, who were the same age as Emonds and younger, visited their father in hospital and were confronted with the injury he had suffered and the state he was in.

“He had to change houses, so he’s had financial impact,” Judge Clarke said.

He said the victim chose a highset home to live in after the stabbing, hoping it would stop anyone else from doing what Emonds did.

Judge Clarke said Emonds’ criminal history cast some doubt on his instructions to his lawyers that alcohol was not a problem.

Judge Clarke sentenced Emonds to three years prison with immediate parole, however Emonds remains in custody as he has an outstanding common assault charge yet to be dealt with in the magistrates court.