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The Canberra Times
The Canberra Times
National
Toby Vue

Strip club patron acquitted of all charges after stabbing 'angry bull'

Fight outside Wanderlust club in July 2021 | September 16 2022 | The Canberra Times

A strip club patron who stabbed a man who was "like an angry bull" assaulting his friend "like a punching bag" has been found not guilty of all charges.

Joshua Sammuel Collins, 30, had pleaded not guilty to two counts of inflicting grievous bodily harm, with one being intentional and the other being reckless, and faced an ACT Supreme Court trial that began on Tuesday.

The court heard that in July 2021, Mr Collins left two men with knife-inflicted wounds when his friend became involved in a fight outside the Wanderlust Gentleman's Club in Mitchell.

Clubgoer Joshua Demczyszyn, 22, sustained a stab wound to his chest, leaving him hospitalised for four days, while security guard Ian Robertson sustained a cut to one of his hands.

Mr Demczyszyn and two friends crossed paths with Mr Collins and two of his friends at the club's carpark after both groups left the club, with the former looking for someone involved in an earlier fight inside.

Joshua Sammuel Collins has been acquitted of all charges, including five alternatives, after he inflicted wounds on two other men at Wunderlust Gentleman's Club in July 2021. Picture by Toby Vue

Words were exchanged, triggering Mr Demczyszyn to approach Mr Collins' friend before punching him while he was on the ground.

Mr Collins then pulled Mr Demczyszyn from behind before using a box-cutter knife to stab him in the chest.

When Mr Robertson intervened, Mr Collins swung the knife as he was being thrown backwards, cutting one of the security guard's hands.

Mr Collins was kicked in the head before he was held down.

Just before police arrived, Mr Demczyszyn ran back inside the club where he stayed for more than one hour before presenting himself to officers.

A focus of the trial was on self-defence, which includes defending others, related to Mr Collins' knife use, with the prosecution bearing the onus to exclude it.

The court heard it was not disputed that Mr Collins, whose only record is a low-range drink driving offence in 2011, had a knife and used it.

Evidence in the trial included security footage, eyewitnesses, police, and doctors.

Defence lawyer Edward Chen argued his client was "outnumbered, outmuscled, and out of options" and had an honest belief that self-defence was needed.

He said his client did not pull the knife out for some time because "it was a weapon of last resort".

Mr Chen said reasonable grounds also existed for Mr Collins to resort to self-defence, including that Mr Demczyszyn was already volatile and that Mr Collins was outnumbered because the security guards did not do enough, meaning they were in Mr Demczyszyn's and his friends' corner.

Mr Chen said Mr Demczyszyn was "at the head of the pack walking around like he's got an axe to grind" and he was "like an angry bull".

He said Mr Demczyszyn used Mr Collins' friend as a "punching bag" with the latter not standing a chance "by all objective metrics".

"We'd all be so lucky if we have someone like Joshua Collins in our lives willing to step up and do what's necessary," he said.

The defence lawyer attacked the credibility of the two who were stabbed and cut, saying Mr Demczyszyn's "different explanations" sounded "like a B-grade Hollywood movie" while Mr Robertson's version was "just as fantastical".

Mr Chen said grievous bodily harm was not made out, with his reasons including that there were no expert evidence about the long-term consequences for Mr Demczyszyn.

As for Mr Robertson's injury, Mr Chen said Mr Collins was already being thrown backwards at the time and accidentally caused the injury.

"This is one of those rare cases where the just outcome is so glaringly obvious, you can acquit Mr Collins with confidence," Mr Chen said.

Prosecutor Morgan Howe argued self-defence had been excluded based on the presence of security guards, Mr Collins having time to reflect about other options, Mr Collins bringing a knife to a fist fight, and the wound that Mr Demczyszyn suffered.

The prosecutor said grievous bodily harm was made out, including because Mr Demczyszyn needed surgery that left a permanent scar.

On Friday before jurors deliberated, Justice Michael Elkaim gave legal directions, including that if they were satisfied Mr Collins acted in self-defence, then it would apply to all charges.

The jury took about four hours to reach not guilty verdicts to all charges, including five alternative ones.

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