James Craig Stockwell: Woy Woy butcher too injured to stab mate deliberately, a court has heard

A Woy Woy butcher who allegedly stabbed his mate after a drunken night out was seen “flat out” unconscious before, and may have been too injured to do it deliberately, a court has heard.

Appearing via video link, James Craig Stockwell faced Gosford District Court on Monday where he was arraigned on two offences including wounding with intent to cause grievous bodily harm and reckless wounding.

The 36-year-old from Woy Woy pleaded not guilty to wounding with intent but guilty to reckless wounding.

His barrister John O’Sullivan applied to have Stockwell face a trial before a judge alone, while the Crown prosecutor opposed the application and sought the case go before a jury.

The Crown also sought to oppose an expert report commissioned by Stockwell’s lawyers from a neurologist from being tendered during the trial.

James Craig Stockwell arriving at Gosford District Court during a previous appearance. Picture: Sue Graham.

Judge David Wilson said given the 4sq m rule was likely to remain in place next month it was unlikely Stockwell’s matter would proceed before a jury and ordered it to be held before a judge alone.

Stockwell’s barrister Mr O’Sullivan said the neurologist’s report opined that the injuries received by his client, coupled with his intoxication, “may have a baring on forming intent” to cause grievous bodily harm.

He said Stockwell was seen “flat out unconscious” at some stage prior to the stabbing.

The Crown prosecutor argued the neurologist “does not provide any evidence for his opinion” and sought to cross examine him in the witness box when the matter returns to court tomorrow for that purpose.

Stockwell’s trial remains listed for November 8.

The victim was treated at the scene before he was taken to Gosford Hospital in a serious but stable condition. Picture: Digicrew Australia

The court has previously heard Stockwell, a butcher by profession, was out with his wife and another couple at licensed venues at Woy Woy on Australia Day last year.

Police allege an altercation broke out after the alleged victim, named on the indictment as Jonnie Ippolito, tried to take a glass of beer out of a hotel.

The court heard a fight broke out and Mr Ippolito allegedly broke off a fence paling and threatened Stockwell who was knocked unconscious.

The crime scene at North Burge Rd, Woy Woy, where the victim was stabbed. Picture: Digicrew Australia

Mr Ippolito was not charged with anything and there is no suggestion he did anything wrong.

The court heard there was a “ghastly” amount of alcohol involved but Stockwell’s wife was sober and drove him home.

Police allege that after Stockwell’s wife went inside, Stockwell armed himself with a knife before stabbing 33-year-old Mr Ippolito outside a property on North Burge Rd shortly after midnight.

Mr Ippolito, a father of three children, was treated at the scene before being taken to Gosford Hospital in a serious but stable condition.

Stockwell was also treated at hospital for minor injuries before he was taken to Gosford Police Station and charged over the alleged stabbing.

Stockwell’s conditional bail was continued.