Byron Fraser sentenced in Toowoomba District Court for involvement in CBD stabbing of homeless man

A man who was involved in the stabbing of a homeless man in Toowoomba’s CBD has hopes to pursue a career in the legal profession, a court has been told.

The young man who was part of a failed robbery that ended with a homeless man being stabbed in the chest has been granted a lifeline by the Toowoomba District Court as he hopes to pursue a career in the legal profession.

Byron Fraser pleaded guilty to one count of attempted armed robbery in company and one count of unlawful wounding.

Crown prosecutor Emily Coley told the court Fraser and two associates, Mullenjarly Pitt and a 14-year-old walked from Grand Central Shopping Centre to the Toowoomba bus interchange at about 7.15pm on February 16 where they found a 18-year-old homeless man.

The trio knew the man as he was a grade below them at Oakey State High School.

The court was told Pitt produced a knife and said to the victim, “what have you got?”

Fraser and the boy then grabbed hold of the victim and Pitt stabbed him once in the chest before fleeing back to the Grand Central where they took turns posing for photos with the 30cm kitchen knife.

Police are investigating after a man was found stabbed in the chest in the middle of the Toowoomba CBD.

Meanwhile, the victim walked to Margaret St with a serious chest wound.

He was treated at the Toowoomba hospital for injuries that were not considered life-threatening.

The court was told police were able to quickly identify the offenders and were at their homes by 2am the following day where they were arrested, and clothing was seized that matched what police observed captured on CCTV at the scene.

They also accessed the offenders’ phones and recovered photos of them posing with the knife.

“Phone data showed the photos had been taken after the stabbing,” Ms Coley said.

Defence barrister Jessica Goldie told the court her client was in the wrong place at the wrong time and recognised now that he should have walked away.

She tendered several letters of support for Fraser, including a letter from his doctor that said he was engaged in cognitive behaviour therapy and was in compliance with his medication schedule to keep his anxiety in check.

The court was told Fraser was due to start a legal studies degree and had intentions to work in the legal profession.

In sentencing Judge Benedict Power KC said he had trouble reconciling the apparent remorse shown in the letters with Fraser’s actions on the night of the stabbing.

“When police first interviewed you, you denied seeing any knife … and said the complainant was drugged up and came at you,” he said.

“You told police that, ‘s--t happens.’”

Judge Power added that while the incident resulted in the relatively minor injuries there was the potential for a fatal outcome.

However he also noted Fraser’s youth, his lack of criminal history and that Pitt was the primary offender who was sentenced for his involvement October 27, receiving a two-year suspended jail sentence.

“You are very lucky that you have people who provide you with that support,” he said.

“You need to consider your conduct and your choice of friends.”

Fraser was ordered to complete 100 hours of community service and was placed on a three-year probation term, with no conviction recorded.