David Kitson sentenced to jail for the stabbings in 2021

A judge has described the criminal history of an Albury man who confronted and stabbed a man and injured a teen who tried to intervene as “disturbing”.

A labourer who angrily confronted and stabbed an innocent man in Wodonga over a misunderstanding will remain behind bars.

Albury man David Kitson, 39, was sentenced in the County Court at Shepparton on Wednesday to three years and two months in prison over a violent attack.

The court had earlier heard Kitson stabbed a man and injured a teenager who tried to intervene during an altercation at a Lawrence St property on December 14, 2021.

Judge Michael Cahill told Kitson, who joined via video link, that his offending was serious and his pattern of wrongdoing could not be ignored.

“Your criminal history is disturbing. You reoffended shortly after you were released from jail. Prison has not discouraged you from committing further crimes,” Judge Cahill said.

He also told Kitson his actions were unprovoked and his victim was not a threat to Kitson.

“He had done you no harm. He was no threat to you. Nevertheless, you angrily set upon him. You inflicted severe injuries on him and caused nasty injuries to [the teenager], who intervened to try to stop the fighting,” his honour said.

The older victim sustained several lacerations to his chest and body; some stab wounds had perforated his lungs, which needed surgical repair.

The court heard that while the injuries were not life-threatening, Kitson’s stabbing could have penetrated a vital organ.

Judge Cahill told Kitson he had considered many factors to “reduce your sins”.

David Kitson

“Firstly, you are entitled to a significant sentencing discount for your early guilty plea. Secondly, your disadvantaged background and mental health moderate your moral culpability to a modest degree. Thirdly, your participation in the sentencing conversation is a mitigating factor,” he said.

He reminded Kitson the maximum penalty for intentionally causing injury is ten years’ imprisonment and five years for recklessly causing injury.

“Your grandmother’s ongoing support and your motivation to be a good father for your son gives me some optimism that you can break the cycle of reoffending,” Judge Cahill said.

Kitson remains in custody and is directed to serve a minimum period of one year and ten months before being eligible for parole.

Earlier this month, David Kitson appeared in front of Wodonga County Court’s special sitting of Koori Court to plead guilty.

The 39-year-old, who wore a maroon T-shirt to court, pleaded guilty to one count of intentionally causing injury and another of recklessly causing injury.

The labourer accepted his criminal record.

Judge Michael Cahill heard the prosecution summary and the victim impact statement and also saw photographs of both victims’ injuries.

The court then moved into a sentence conversation, a feature exclusive to Koori Court, involving an Elder and Respected Person.

During the sentence conversation Judge Cahill asked Mr Kitson to think about the consequences of his actions.

“I hope you got something positive from this. Elders from your community are giving you their time,” he said.