James Binion sentenced for using a pocketknife on his mother’s partner during an argument

The 50-year-old victim sustained cuts to his face and wrist during the argument in his own home. All the drama here.

A 27-year-old Toowoomba man who cut his mother’s partner with a pocketknife during a drunken argument has been jailed for 18 months.

However, because James Binion had already served five months in custody since his arrest, had made admissions to police and entered early pleas of guilty, he was released on a suspended jail sentence.

Binion had been drinking at his mother’s Kingsthorpe home on the night of May 19 when he got into an argument with his mother’s partner who left the house, Toowoomba District Court was told.

A short time later the 50-year-old complainant man returned to the home only for Binion to charge at him with a pocketknife which the other man hadn’t seen, prosecutor Ellen Fletcher told the court.

Realising he was bleeding from a wrist injury, the complainant went to the kitchen to wash his hand when Binion entered the room waving the pocketknife about which ultimately nicked the man’s nose and cut his face, she said.

Toowoomba Courthouse Photo Bev Lacey / The Chronicle

When the complainant armed himself with a knife, Binion left the house, the court was told.

Though initially co-operating with police, Binion had then struggled when arrested and kicked one officer in the leg, Ms Fletcher said.

Binion pleaded guilty to unlawful wounding, obstructing and assaulting police and possessing 1g of cannabis and scissors found when he was arrested.

Ms Fletcher said the complainant had not wanted to make a victim impact statement but just wanted Binion “to get some help as this had affected the whole family”.

Binion’s barrister Jessica Goldie told the court the five months her client had spent in custody was the first time he’d been in jail which had been very difficult as he had little contact with his family.

The complainant said this incident was out of character for Binion, she said.

Judge Dennis Lynch KC noted the complainant had sustained relatively minor cuts, two of which required stitches but were not life threatening, though the incident was serious.

Judge Dennis Lynch KC

“It is serious misconduct to injure someone with a knife, I’m sure you appreciate that,” he told Binion.

“You must understand that it’s not acceptable to resort to violence regardless of what your frustrations are.

“You need to deal with your frustrations in the same way as every other person in the community, you have to find a way to get past it, but you can’t resort to violence as you did on this occasion.”

Judge Lynch sentenced Binion to 18 months in jail but, declaring the 157 days pre-sentence custody as time served under the sentence, ordered the term be suspended after having served those 157 days with the balance suspended for 18 months.

Originally published as James Binion sentenced for using a pocketknife on his mother’s partner during an argument