An Ashmont man has been jailed after he was convicted of viciously stabbing another man in the abdomen, causing a deep laceration to his liver.
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Daniel Bruce Boyton, 26, has been jailed for three years and six months for the stabbing after a drug-related confrontation in an Ashmont house in May 2017.
Boyton was found guilty of recklessly causing grievous bodily harm and guilty of attempting to pervert the course of justice.
The latter offence happened during a phone call while Boyton was in jail, where he asked someone to discourage the victim from giving evidence during the trial.
Boyton was also charged with wounding with intent to murder but was found not guilty.
On Friday, the court heard that the stabbing happened after Boyton broke a piece of glass pipe used for drugs and the victim told him to pick it up.
A confrontation ensued before Boyton grabbed a knife then stabbed the man, causing a liver wound about 6cm deep.
Defence barrister Sharyn Hall argued for leniency based on Boyton’s remorse and mental health issues from exposure to drugs during his upbringing. The court heard that Boyton also witnessed violence between his parents.
“[Drugs have been] endemic in Mr Boyton’s life since he was a child,” Ms Hall said.
Ms Hall said that while Boyton recognised his drug-abuse problem would be difficult to solve, he was willing to find solutions.
However, Crown prosecutor Paul Kerr said Boyton's willingness to solve his drug problems was lacking.
“They are words on pages … but it appears he’s made no effort,” Mr Kerr said.
“He is between a rock and a hard place, only he can get himself out.”
Mr Kerr also opposed Boyton’s remorse and said the offender’s disciplinary record in custody was a concern.
In his sentencing remarks, Judge Gordon Lerve said that while the offender indicated "he does not wish to continue the cycle of substance abuse in incineration … there is nothing to suggest the offender has done anything about it whilst in custody".
“The Crown drew my attention to the significant number of disciplinary infractions committed by the offender whilst in custody," Judge Lerve said.
“I could not find on balance he’s unlikely to re-offend or good prospects of rehabilitation."
Outside of court, a family member said: "Now that we’ve got our dates, everything’s going to be alright.”
Boyton's jail term includes a non-parole period of two years and four months.
He will be eligible for parole in February 2020.
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