Teacher convicted on stabbing charge

Press, 16 June 1982, Page 4

Teacher convicted on stabbing charge

A jury in the High Court yesterday rejected the defence of self-defence and convicted an unemployed teacher on a charge arising from the stabbing of a man with a bread knife. Mr Justice Casey remanded Peter Daniel Harrison. aged 36, in custody to June 22 for sentence on a charge of wounding John McEwan Timoney with reckless disregard for his safety on January 27. Evidence was given that Mr Timoney was one of six men who entered a cottage rented by Harrison in Shelley Street to remove his possessions. Harrison was behind with his rent and had refused to vacate the premises. It was believed that Harrison was absent at the time, and entry was gained by a key provided by the landlord who was one of the group. Harrison hit one man with a golf club and then stabbed

Mr Timoney in the left arm causing a serious wound to the muscles of the forearm. Mr B. M. Stanaway appeared for the Crown, and Mrs D. J. Rotherham for Harrison, who did not give evidence, but the defence called a doctor and a dentist to establish the injuries suffered by Harrison during the incident. Mrs Rotherham said that the case for the defence was that Harrison had acted in self-defence when he was confronted with a situation — whether rightly or wrongly — he saw as being extremely threatening and requiring a considerable degree of force to protect himself. Dr Simon James Carson gave evidence of treating Harrison on February 1. Harrison told him that he had been assaulted two days, before and was having dizzy spells and some nausea, but had not been knocked unconscious.

He.thought that Harrison might be suffering from mild concussion but an examination could not confirm or deny that. Harrison had a septic abrasion on one finger which was treated with antibiotics. Four days later Harrison again consulted him and told him that it had become a police matter and he wanted to have the extent of his injuries established. An examination established that there was considerable bruising about his body. They w’ere all yellow which was consistent with them having been sustained several days previously. He was prescribed a pain killer. Dr Carson said. In his final address Mr Stanaway said that the use of a knife had far exceeded any reasonable force in the circumstances and the Crown had negated the defence of self-defence. Mrs Rotherham said that Harrison felt extremely

threatened when six persons burst into his home while he was watching television and it was only natural that he would seek to protect himself. It was a case of six to one. Some two weeks before he had been threatened. Entry had been gained through a locked door and the persons who first confronted him were strangers. It was Harrison w r ho suggested that the police be called, but there was no telephone in the cottage and the strangers persisted in their attempts to remove his possessions. The knife brandished by Harrison was a not very sharp bread knife and the evidence showed that the wound had been inflicted accidentally. He had suffered concussion in the initial encounter. Harrison believed that the circumstances justified a considerable degree of force in self-defence, Mrs Rotherham said.