Kane John Smith-Croft sentenced in Tamworth court for wounding man with bodkin

Kane John Smith-Croft appeared in Tamworth District Court via video link from custody after recklessly wounding a man with a bodkin needle at a Tamworth home.

The 26-year-old was in the front yard of a Tamworth home at about 1pm on October 28, 2021, when a verbal argument with another man turned physical.

The court heard Smith-Croft and a co-offender started wrestling with the man, who he believed owed him a sum of money.

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A short time later, another man exited the home holding a shiv, which he swung towards the stomach of Smith-Croft, but it didn't make contact.

The 26-year-old then struck the man who had swung the shiv with a bodkin, lodging it into the left side of his head.

Smith-Croft was arrested that afternoon, and admitted to wrestling with the man he believed owed him money, but denied stabbing the other man with the bodkin.

The court heard the victim was flown to John Hunter Hospital in Newcastle where he was placed in an induced coma to have the bodkin removed.

He was discharged on November 7, and Judge Andrew Coleman told the court his recovery was "excellent".

In August, a trial date was vacated for Smith-Croft after he pleaded guilty to one charge of reckless wounding when he was arraigned in the district court.

He had previously been charged with a more serious offence of wounding with intent to causing grievous bodily harm - to which he had pleaded not guilty - but this charge was not pressed by the Director of Public Prosecutions (DPP).

During the sentencing, the court heard Smith-Croft had spent more than 600 days in custody.

Judge Coleman said stabbing the victim with the bodkin was provoked by the man wielding a shiv, bit this did not excuse Smith-Croft's criminal conduct.

"No doubt this was a serious wound," Judge Coleman said.

During the earlier sentence hearing, public defender Stuart Bouveng told the court there was no suggestion Smith-Croft had gone to the house with the intent to wound the man.

"It was spontaneous," Mr Bouveng said.

The court heard Smith-Croft had told a health professional he grew up in a tough environment, had left school early, and used drugs and alcohol at a young age.

Judge Coleman said he accepted the 26-year-old's upbringing had reduced his moral culpability, and his addiction was not voluntary.

He sentenced Smith-Croft to a three-year term of imprisonment for the recklessly wound charge, with a non-parole period of 22 months.

The sentence was backdated to October 28, 2021.

One charge of contravening an apprehended violence order (AVO) was also taken into account.

For the affray charge, Judge Coleman sentenced the 26-year-old to a 15-month supervised good behaviour order.

He added the condition that Smith-Croft must participate in any programs or treatment deemed necessary by authorities, and abstain from alcohol or drugs unless prescribed for the duration of the order.

After the sentence was backdated to take into account time already served, Smith-Croft became eligible for parole on August 27.

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