Roma man Troy Angus Kearns (far left, dark blue shirt), who has pleaded guilty to killing his brother, attends Brisbane Supreme Court with people who are supporting him. *Photo Pamela Frost
Roma man Troy Angus Kearns (far left, dark blue shirt), who has pleaded guilty to killing his brother, attends Brisbane Supreme Court with people who are supporting him. *Photo Pamela Frost Pamela Frost

"I stabbed him Dad, I didn't mean to, but I stabbed him"

A ROMA man will be in jail until at least June 2018 after he was sentenced on Friday for stabbing his brother to death.

Troy Angus Kearns, 32, cried as Justice John Byrne told what happened on December 18, 2014 at the Roma home where he lived with his brother Wade and their parents.

The men started fighting that afternoon when Wade accused Troy of stealing his money.

Their father broke up the fight but they started fighting again soon afterward on the veranda, and this time it was fatal.

Troy Kearns had picked up a knife on the way outside, the court heard.

Their father, who was inside at the time, heard a smash then saw Troy Kearns inside crying, holding the knife and saying "I have stabbed him Dad, I didn't mean to, but I stabbed him".

Wade then came through the front door, saying "Dad, he f**king stabbed me, ring an ambulance".

Troy Kearns held a towel against his brother's stab wounds while the father rang 000.

The fatal stab wound was about 18cm long and had punctured Wade's lung and heart.

He underwent surgery and died in hospital after losing a lot of blood.

Justice Byrne said when Troy Kearns was speaking to police after the incident; he said he had had enough of fighting with his brother, who was constantly putting him down.

Troy Kearns told police: "(Wade) just grabbed me and that, he's like 'F**king get off, you just stabbed me bro', I said 'I didn't mean to bro, I'm sorry, you know'," Justice Byrne quoted in court.

Troy Kearns pleaded guilty to the manslaughter of his brother.

The contested sentence hearing began last month, when Justice Byrne reserved his final decision until Friday.

Troy Kearns's legal team claimed he had no intention to stab his brother but the prosecution argued while he did not intend to murder or cause his brother grievous bodily harm, he did deliberately put the knife into Wade's chest.

Justice Byrne said it was highly improbable that Wade impaled himself onto the knife.

He said Wade had other stab wounds on his body that showed there had to be at least three occasions when the knife contacted Wade's body during the fight.

"The injuries are much more consistent with you having put the knife into your brother's chest in a deliberate stabbing action intended to bring the knife in contact with some part of his body, such as his arm," Justice Byrne said.

"You have taken a knife to a fight with your brother, expecting to use it against him, and you did."

Justice Byrne also detailed Troy Kearns's violent criminal history, which included previous assaults.

He was also on bail when he killed his brother.

Justice Byrne sentenced him to eight years jail. Kearns will be eligible for parole in June 2018.

-ARM NEWSDESK


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