A plumber who slashed a colleague with a Stanley knife during a fight over "substandard work" on a job site at Blackalls Park in 2021 has narrowly avoided jail in Newcastle District Court.
Gene Joseph Howard, 40, of Shoal Bay, pleaded guilty in December to reckless wounding and affray after the DPP agreed to withdraw other serious charges during the super callover list.
Howard and the victim were both plumbers working on a job site at Faucett Street, Blackalls Park in August, 2021, when they became involved in a heated argument over the phone.
When the victim arrived at the worksite about 15 minutes later, the pair "shaped up" and Howard stabbed the victim in the left arm with a Stanley knife, leaving a 30 centimetre laceration from his shoulder down to his elbow.
Howard had handed his phone to an apprentice and told him to film the fight. He later deleted the video, but police were able to recover it.
Judge Roy Ellis said Howard's behaviour on the day was "out-of-character" and an explanation for his anger and aggressiveness was because he was still grieving the death of his seven-year-old daughter in January of that year.
He said Howard had full-time employment, an excellent work history and was the sole breadwinner for his family and sending him back into jail for a short period would not serve the community in the long run.
Howard was sentenced to two-and-a-half years, to be served as an intensive corrections order in the community.
