Violent offender loses appeal over savage attack
A SADLIERS Crossing man has lost his appeal against conviction for luring a friend of 20 years to his house in a deliberate plan for a "savage attack" with a knife.
Anthony Scott Roy Warwick also failed to have a serious violent offence declaration, which means he must serve 80% of his sentence, removed.
His primary submission to the Queensland Court of Appeal was that the jury should have rejected the victim Graham Livingstone's evidence because of implausibilities and inconsistencies.
Warwick and his partner Allen Lee Divo were both charged with attempting to murder Mr Livingstone in 2011.
But the jury could not reach a verdict on Divo and found Warwick guilty of the lesser alternative charge of malicious intent to cause grievous bodily harm.
Justice Debra Mullins said re-directions to the jury on a critical jury note reminded them of their obligations to form their own views on the evidence.
"The inability of the remaining 11 jurors to reach a verdict in respect of the partner suggests that the jurors remained true to their individual views of the evidence," she said.
"Any appeal based on the exercise by the trial judge of the discretion not to discharge the entire jury, when one juror was discharged late during the deliberations, would not have succeeded, as Mr Warwick would not have been able to show that a miscarriage of justice resulted from the failure to discharge the jury."
Justice Mullins said the nine-year sentence, reduced one year to account for time in custody for other offences he would not have served but for this crime, with SVO declaration was a sound exercise in sentencing discretion.
She said the declaration was made because of the way Warwick planned and carried out the attack.
Mr Livingstone went to Divo and Warwick's home on November 6, 2011, when he was stabbed in the chest.
He and Warwick provided different accounts of what actually happened on the Challinor St veranda.
Mr Livingstone claimed Warwick had accused him of spreading rumours about his boyfriend, Divo.
Warwick testified Mr Livingstone came to his house with a knife and he tackled him.
He denied knowing he had stabbed Mr Livingstone at the time.