Man avoids jail for stabbing stranger who tried to help kid
A DISTRICT court judge has told a man he should "count himself lucky" to not be going back to jail after stabbing a man through the arm.
Bradley Kohler, 38, pleaded guilty in Bundaberg District Court to one count of unlawful wounding and driving without due care and attention.
On August 18 in 2017 Kohler went to a home in Horton near Childers to collect some money that had been arranged for him to pick up but the homeowner was not home.
When Kohler knocked on the door he suspected a child might be home and used "obscene" language saying he was coming in.
The victim, who lived nearby, approached Kohler knowing that a young child was home on their own.
He and Kohler were not known to each other.
The victim told Kohler in "blunt terms" that he should leave and Kohler produced a knife threatening to stab him.
The victim backed away and Kohler rushed towards him.
The pair then struggled, with Kohler being punched a few times.
When he and the victim got up, Kohler stabbed him in the tricep leaving an exit wound through the bicep.
When the knife was removed the victim ran onto the road and Kohler got in his car, driving towards the victim.
The victim ran into a paddock and the car struck him on the leg causing him to fall over.
Kohler then reversed the car towards him before the victim was eventually able to get up back to his home.
Crown prosecutor Carla Ahern told the court last year the man spent 143 days in pre-sentence custody after being picked up by police for failing to appear in court.
Ms Ahern said while the man's plea was timely, he did exposed himself to a further term of actual imprisonment.
Kohler's barrister Nick Larter told the court his client arrived at the property calm and in good faith.
Mr Larter said the knife used in the incident was in a sheath on Kohler's belt and it was used for his work at the time.
The court heard at the time Kohler was taken into custody last year, he wasn't giving his court matters much attention because his son was unwell.
Mr Larter said his client had stayed out of trouble and had not committed any other offences.
Judge Dennis Lynch took into account Kohler's plea of guilty and said the offending was a serious example of unlawful wounding.
"The use of a knife to resolve disputes is very serious conduct and ordinarily, if it results in serious injury such as this one, would attract a prison sentence," he said.
"Fortunately in this case the complainant was not more seriously injured, and it is not said the injury was a life threatening one."
Judge Lynch said it would be "counter productive" to send Kohler back to jail for a short period of time and told him he should "count himself lucky" that he wasn't going back to jail.
Kohler was sentenced to two and a half years imprisonment with an immediate parole release.
143 days of pre-sentence custody was declared as time already served.