An appeal against a five-year sentence for the stabbing of a Braybrook man has been thrown out in court.
Avzi Ejupi was jailed for five years last year after pleading guilty in the County Court to two charges of attempted murder and one charge of recklessly causing serious injury on April 30, 2012.
The Supreme Court heard that Michael Jones confronted Ejupi in the front yard of a neighbouring Braybrook property about 11.30pm after observing someone trying to break into two vehicles.
A scuffle broke out between Ejupi, Mr Jones and his father and cousin.
Ejupi, then 38, produced a knife and stabbed Mr Jones three times to the torso.
The attack left Mr Jones with a ruptured spleen and collapsed left lung. Emergency surgery saved his life.
Ejupi escaped in a taxi but was arrested on May 4. He admitted to the stabbing but said it was in self-defence.
Ejupi’s defence argued the original sentence had been “manifestly excessive”, and said the sentencing judge misread and overstated Ejupi’s criminal history.
In rejecting the appeal on February 6, Judge Phillip Geoffrey Priest said the sentence was appropriate.
“No aspect of the sentence can be characterised as excessive. Without surgical intervention the victim would likely have died.’’
The court heard Ejupi had a history of violence and had convictions for dishonesty and drug-related offending, and armed robbery.
