A Sydney man who fatally stabbed an intruder after being hit across the face with an axe in his apartment faces at least four years and five months behind bars.
Eric George Russell was sentenced in the NSW Supreme Court on Wednesday after a jury found him guilty of manslaughter over the death of Damien Roach, 40, in the western Sydney suburb of Cartwright in December 2019.
Mr Roach attacked the 38-year-old with an axe after entering his apartment demanding money. Russell then grabbed a knife out of a bucket in his bathroom and attacked the victim
"He unleashed on Mr Roach, seemingly punching him four times with a knife in his hand," Justice Richard Cavanagh said.
While Russell "lost control" after being confronted within his apartment, there was no evidence to suggest he had intended to kill Mr Roach, the judge said.
The victim died at the scene of multiple stab wounds with the blade perforating his heart and lungs.
In finding Russell guilty of manslaughter, the jury acquitted him of a more serious charge of murder, finding that while he acted in self-defence, his actions were excessive and unreasonable.
On Wednesday, Justice Cavanagh sentenced Russell to a maximum of six years and six months in prison, expiring on June 17, 2026.
His non-parole period of four years and five months will end on May 17 next year.
During the trial, Russell also faced one count of murdering Leah Mumbulla, 34, who accompanied Mr Roach to the Cartwright apartment block and who was also stabbed.
Jurors acquitted Russell of the murder charge, finding him not guilty and that he acted reasonably in self-defence.
In finding that Mr Roach was stabbed inside Russell's apartment, the judge rejected a case by crown prosecutors that he had grabbed the knife first and went downstairs because his "peace had been disturbed" after hearing Mr Roach and Ms Mumbulla arguing.
The pair were not living there but rather visited to get money they claimed was owed from someone living in a ground floor unit but who had since left.
The fatal stabbing then occurred when Mr Roach went upstairs to Russell's apartment demanding this money. Stumbling downstairs after the attack, he dropped the axe which was picked up by Ms Mumbulla.
She then attacked Russell who was following, and was also fatally stabbed.
"He said he went whack and it was pure reflex. He stabbed her," Justice Cavanagh said.
Both Mr Roach and Ms Mumbulla had taken methylamphetamine or "ice" before walking to the Cartwright unit block.
"This also suggests they may have been behaving erratically at the time of the events leading to their deaths," Justice Cavanagh said.
Russell had also consumed alcohol and cannabis in the hours before the two stabbings.
In handing down the sentence, the judge found the objective seriousness of the offence was below the middle of the range.
"The level of force was not at the extreme level of disproportionality. It was excessive but not significantly so," he said.
The judge discounted the sentence because of Russell's earlier guilty plea to manslaughter in the Local Court, which was rejected by prosecutors.
He also took into account Russell's expressions of remorse for what had happened, that he had been in custody since December 17, 2019 under more onerous conditions during the COVID-19 pandemic, and that he had been diagnosed with post-traumatic stress disorder after the incident.
