Bradley Maybury, who stabbed a man twice during an early morning altercation in his garage, has avoided more time in custody, with a judge sentencing him to a backdated jail term to account for the time he has already spent behind bars.
Maybury was released on parole after being sentenced in Newcastle District Court on Friday over the stabbing at Cliftleigh, near Cessnock.
The court heard that Maybury invited the victim - who was a friend of Maybury's recently deceased brother - to his house in the early hours of March 4, 2021.
Maybury's father, Anthony Maybury, was asleep inside the home so the pair sat in the garage to chat.
But, according to an agreed statement of facts tendered to the court, a physical fight broke out - the cause is unclear - and the men rolled around on the ground.
As they struggled, Maybury picked up a knife and stabbed the victim in the back and neck.
The victim, who cannot be named, then picked up a screwdriver and stabbed at Maybury, causing several abrasions to his chest and leg.
It was then that Anthony Maybury arrived in the garage and punched the victim in the side of the head, saying "oi, get of him you dog".
A driver was waiting for the victim nearby and took him to hospital, where he was treated for stab wounds to his lower back and neck.
Anthony Maybury was on Friday sentenced to four months in jail, backdated to include time he served in custody after his arrest over the incident, meaning he had no more time owing.
Judge Roy Ellis said Bradley Maybury was on parole at the time of the stabbing after being jailed in 2016 for another "serious offence of violence".
He sentenced him on Friday to two years and eight months' prison, backdated to include time in custody since the stabbing and with a non-parole period ending on Thursday.
The ruling meant Bradley Maybury, who was released on bail in December, did not have to return to custody.
"Violence is simply not an answer to anything," Judge Ellis told him as he delivered the sentence.
"Surely your own personal experience is it's never helped you - it's always made your life worse."
