Glenn Mclelland sentenced in Townsville District Court for stabbing man with saw in South Townsville apartment
A judge has labelled a man’s actions as ‘self-defence’ after he was charged with wounding another man in South Townsville with a saw.
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A judge has told a court he believed the actions of a man who wounded someone using a saw could have been classified as ‘self-defence’ when the pair broke out in a fight at a South Townsville apartment.
Glenn Mclelland appeared in Townsville District Court Thursday afternoon after he stabbed another man using a hand saw at his unit.
Crown prosecutor Ms Shuttleworth said that on May 13 last year the 47-year-old man was at his home with the victim and others, sitting on a balcony smoking marijuana.
The prosecutor told the court the pair were known to each but weren’t close.
She told the court that an argument erupted between Mclelland and the victim, with the victim offering to fight the man before walking into the home for a brief period and then yelling at Mclelland.
“(Mclelland) suddenly grabbed a nearby mop bucket and the (victim) rushed towards him,” Ms Shuttleworth said.
Mclelland swung the bucket at the victim before then grabbing a handsaw located near the couch, and as the victim continued to rush at the man he swung the saw striking the man’s forearm.
Judge John Smith intervened as the prosecutor detailed the offence.
“So the complainant was attacking the defendant when he grabbed the sword? He asked.
The crown replied, “He was running at him, yes”.
His Honour said, “So he may have had a defence for this charge?”
The prosecutor said, “The crown’s position is that the defendant’s actions were disproportionate to the actions of the complainant”.
Judge Smith shared concern.
“Oh right, if someone is rushing at me and I have a weapon… I don’t know, anyway, he’s pleaded guilty,” His Honour said.
The crown further explained the victim suffered a 5cm cut to the forearm and a small cut to the elbow and had to receive stitches and a tetanus shot.
Defence barrister Ross Malcomson said his client who has previous convictions of assault had struggled with alcohol abuse over the years and remained unemployed.
“He resides at the offence location which is very close to the Dean Park hub,” he said.
“It was excessive self-defence but that is the lead up, the complainant was at my client’s house unwelcomed.”
Judge Smith accepted that it was a matter of self-defence despite its “excessive force”.
“I think it’s an unusual case, you’ve suffered some injury. It’s unlike some other cases submitted by the crown,” His Honour said.
Mclelland pleaded guilty to unlawful wounding.
He was sentenced to a community service order of no more than 12 hours per week for 12 months.
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Originally published as Glenn Mclelland sentenced in Townsville District Court for stabbing man with saw in South Townsville apartment