Judge in tears over sentencing a man who stabbed his brother to protect his family

Justice Michael Croucher had to wipe the tears away while sentencing the 33-year-old man, who plead guilty to manslaughter of his brother, Wayne Brown, 38.

The Supreme Court was told that on the day of his death at his parents’ house, Wayne was in a “belligerent mood” after having had ice, methadone, alcohol and cannabis.

In the lead up to his death, he called his family a “pack of dogs” and threatened to harm his partner and daughter.

Justice Croucher said Shane was put in a “difficult situation” in his efforts to protect his family.

He said Wayne was asked to leave multiple times and stopped his parents from calling the police.

When the situation escalated, Shane grabbed an ornamental knife and stabbed Wayne to the left of his chest before fleeing to his sister’s house.

Justice Croucher said Shane was “racked with remorse” and was “struggling to deal with the enormity of what he's done to his family”.

Shane was given a sentence of six years and three months but will be eligible for parole in three years.

“I've found this an extremely distressing and difficult case,” Justice Croucher said tearfully.

“Shane did not go looking for trouble, rather, the trouble came to him.”