Dylan Leonard O’Brien jailed for two years for 2017 stabbing in Calala, Tamworth

Dylan Leonard O’Brien sat silently in the dock of Tamworth District Court as he was jailed for two years for the stabbing in a car in Calala last year.

The court heard that, about 4am on June 8, O’Brien arrived at the home of the victim; they “were known to each other, although not necessarily especially well”.

“He was seeking a pair of socks, and a lift to an area in Tamworth known as the Longyard,” Judge Jeffery McLennan said.

The victim and his wife drove O’Brien, and passed through Calala where “the offender then stuck a knife” into the victim’s neck.

“Where’s my cross? Where’s my cross? I’ll give you one chance – where’s my cross?” O’Brien said, stabbing him four times in the throat before yelling “your b**** is next” and trying to open her door of the car.

O’Brien fled, and the victim was taken to Tamworth hospital where he was treated but did not require surgery for the four wounds. He was released two days later.

O’Brien was “eventually located by police on 16th June” at a family member’s house, with clothing matching the victim’s description.

“The offender denied he was in Calala on the morning of the offence, and said he was with his father,” Judge McLennan said.

He said the stabbing was serious, “involved the use of the weapon held at the neck of the complainant and four wounds were inflicted upon him”, adding the “potential for a life-threatening injury was self-evident”.

The court heard the now-31-year-old was on bail at the time, which aggravated the offending, but had served his sentence while he was refused bail on the wounding charge. 

On the issue of backdating the sentence, Judge McLennan said the custodial sentence for break-and-enter with intent and larceny in the local court was the only option.

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“Having seen his criminal history, it was inevitably the outcome in any event,” he said, noting O’Brien’s criminal history in NSW and Queensland was “predominantly for offences of dishonesty”. 

He also had a conviction for the custody of a knife and an affray, close to 10 years ago.

Judge McLennan noted O’Brien had health issues, which had been diagnosed, and also substance abuse problems that “have manifested themselves in violence”.

In June, O’Brien pleaded guilty to reckless wounding, and was given a 25 per cent discount for his early plea.

He was jailed for two years, with a non-parole period of 11 months.

O’Brien, who has already served just over 10 months in custody, will be eligible for parole in November.

The court heard he was “affected by a psychosis” and his state of health “contributed” to his offending.

Judge McLennan found special circumstances in sentencing, balancing the need for rehabilitation with punishment, and noting O’Brien had a “disadvantaged background”.