A 50-year-old central Queensland man has pleaded guilty to a malicious act of intent after attacking a love rival with a machete in the Rockhampton region during 2019.
Daniel John Shields was in 2020 found guilty of attempted murder over the incident in Gracemere, but he successfully appealed that conviction in November last year and a re-trial was ordered.
In the appeal, Mr Shields' team argued that the trial judge misdirected the jury in several ways, including failing to "adequately direct the jury in relation to the defence of self-defence".
Mr Shields, who received bail during December, appeared in the Rockhampton Supreme Court on Tuesday morning to plead guilty to a new, lesser count of malicious act with intent over the same incident.
The court heard that in February 2019 Mr Shields travelled to the home of Raymond Jarvis to ask the man's ex-partner to pick up her things from his house.
The court heard an altercation then occurred in which both Mr Jarvis and Mr Shields suffered serious injuries.
In documents published for the appeal, it was stated that in the struggle Mr Jarvis suffered a machete stab wound to his left armpit, while Mr Shields received a cut to his arm.
Altercation was 'inevitable'
Mr Shields' lawyer Craig Eberhardt said his client began a relationship with Mr Jarvis' former partner in 2011.
The court heard when Mr Shields began dating her, he was then himself subjected to sustained abuse from Mr Jarvis.
In referencing court materials, Mr Eberhardt said Mr Shields complained several times to police about Mr Jarvis' behaviour.
"Jarvis, it seems, took a great dislike to Mr Shields, simply because he was in a relationship with [the woman] … and would take every opportunity to taunt him," Mr Eberhardt said.
Justice Peter Davis acknowledged the ongoing harassment that Mr Shields had sustained from Mr Jarvis and his ex-partner.
"Perhaps it was inevitable that at some point there was going to be a confrontation between the pair of you, which ended up as it did."
Mr Shields had served two years and 10 months in prison before the appeal.
He was sentenced to three years and two months, fully suspended, for the new, downgraded charge of malicious act with intent.
A 'watershed moment'
Mr Eberhardt argued that up until the February 2019 altercation, despite serious provocation, Mr Shields had not physically reacted to Mr Jarvis' "taunts" and "abuse".
The defence told the court that on the day of the offending, Mr Shields had asked his ex-partner to move out.
Mr Shields then travelled to Mr Jarvis' house, expecting to find his ex-partner so he could again ask her to remove her things from the house.
"His reaction to seeing Jarvis there, and the insults that were then exchanged, were spontaneous and unplanned," Mr Eberhardt told the court.
In sentencing, Justice Davis told the court that he understood Mr Shields had an "awful lot to say" about the circumstances around the case, and that it was indeed "complicated".
He acknowledged that Mr Shields had "suffered significantly" from the case.
"Your offending on this day seems to be out of character," Justice Davis said.
"You should have confidence that this horrible event can be put into your past."
