Man loses appeal claiming stabbing friend was 'an accident'

AN Ipswich man who claimed he accidentally stabbed a kitchen knife through his friend's lung after being asked to leave a unit has lost his appeal.

Bane Nelson Dancey tried to argue five years' jail for grievous bodily harm was manifestly excessive, especially since it was added to the end of other jail sentences he is already serving.

The law required a cumulative sentence because Dancey was on parole release for other offences.

Dancey was supposed to be released in April this year from his other jail term but the sentencing judge, in November last year, gave him a parole eligibility date in August, next year.

He had been drinking with friends at their unit but when his friends became tired and asked him to leave he became aggressive because he had transport problems.

Dancey, then 34, stabbed a knife into his friend's chest, causing a 2.5cm cut that went 5cm deep and caused a hemothorax, before fleeing the scene.

The court heard during the original sentence that Dancey claimed he was simply holding the knife and flicking it when his friend "spun around and accidentally walked into it".

Justice Ann Lyons, in a judgment handed down in the Court of Appeal on Friday, said the sentence was made knowing Dancey had a nine-page criminal history and was a high risk of reoffending.

"This was a case where the applicant had, without warning, aggressively stabbed the (victim) in his own home," she said.

"Clearly, considerable force was required to inflict a wound which actually penetrated the right lung even though there was only one blow.

"It was a life threatening injury which required several days hospitalisation."

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