Man sentenced for using knife in North Coast street brawl
A simple request to keep the noise down as to not to wake a baby ended in a street brawl involving a butcher's knife, a court heard.
Daniel Caine Holland appeared in Tweed Heads Court on Monday by videolink from custody in Clarence Correctional Centre.
He pleaded guilty to charges of affray, using an offensive weapon to commit an indictable offence, damaging property and failing to appear.
Court documents revealed the Tweed Heads South man had stayed the night at his partner-of-seven-months' house when he woke up early on October 18.
When Holland's partner asked him to keep the noise down because of her sleeping grandchild upstairs, he became argumentative and threw her phone at the wall, cracking it.
The 40-year-old walked outside and his partner locked him out.
In response, Holland punched the door and demanded to be let back in, calling the woman a "dumb mutt".
He then picked up one of his metal butcher's knife and hit the door with the blade.
About 6.47am, Holland was captured on security footage walking around to the front of the house still carrying the knife.
Another man, a co-accused for the affray charge, was also staying the night at the residence and came outside to speak to Holland.
The other man kicked Holland and Holland retaliated by chasing him down the driveway with the knife.
Holland lunged at the co-accused with the blade but the man kicked Holland in the chest causing him to fall on his back.
The other man repeatedly punched Holland in the face while sitting on his chest, while Holland's partner's daughter tried to kick the knife from his hand.
Eventually, the co-accused was able to pull the knife free and then continued to punch Holland in the head for about a minute.
A neighbour came out to assist the situation and Holland walked away down the street.
When police arrived, the co-accused denied seeing anything and officer's were not aware of his involvement until viewing the CCTV footage.
Holland was found the next day about midday walking the street with his belongings in a shopping trolley.
During unpredictable fits of violence in police care, he told officer's he had drunk alcohol and taken the drug ice.
Defence lawyer Cassandra Bennett said Holland had absconded from a bail-ordered residential rehabilitation just three days before completing the program.
"He says it was a really stupid move," she said.
Ms Bennett said Holland had effectively completed all the requirements of the program that helped him address his offending behaviour.
Magistrate Geoff Dunlevy convicted and sentenced Holland to an aggregate sentence of 12 months imprisonment with a non parole of six months.
This meant his parole expired on Sunday night and he was eligible to be released immediately.