Stabbed by outraged neighbour: man spends weeks in hospital

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High on meth and suspicious that someone staying next door had gossiped about a personal matter, a man took to the person with a large knife.

The victim was on a veranda having a cigarette when Brendan Lyver, 30, suddenly “appeared out of the darkness”, rushed at him and started attacking him.

Lyver was “walking tough” towards him then grabbed the man and tried to get him on the ground. The victim tried to fend off Lyver but he pulled out the knife and kept advancing. Losing his footing, the victim fell to the ground. Lyver plunged the blade into the man’s thigh and buttock while he tried desperately to cover himself from further attack.

Not seeking medical help immediately, the victim discovered the next day his wounds had become infected. A trip to hospital to have them checked out turned into a six week stay for treatment.

Lyver admitted punching the man and accordingly pleaded guilty to a charge of common assault (laid under the Summary Offences Act). However, he initially denied the knife attack and took a more serious charge arising from it — wounding with intent to injure — to a judge-alone trial. He pleaded guilty to that charge after the victim finished giving evidence but before the man was cross-examined.

The lead, wounding, charge carries a maximum penalty of seven years’ imprisonment. Judge Warren Cathcart jailed Lyver for two years, one month.

Judge Cathcart said the impact on the victim was “without doubt, serious”.

The victim had no knowledge of the personal issue Lyver was concerned his neighbour (a cousin) had shared with the man.

“I have sympathy for that (matter) and it explains part of the driving force behind your offending but this was an innocent man who had nothing to do with that issue,” the judge said.

Under the influence of meth Lyver had wrongly suspected the victim of gossiping and purposely pointed a knife at him.

Calculating the sentence, the judge set a starting point of two-and-a-half years imprisonment noting a degree of premeditation, that the knife attack wasn’t a “heat of the moment” incident, and happened when the victim was particularly vulnerable — on the ground.

There was two months uplift to mark Lyver’s 13 convictions for violence since 2008 — all relevant as they showed his propensity for violence, the judge said.

In terms of discount for mitigating factors, Lyver couldn’t get the full allowance for guilty pleas having put the victim through the trauma of giving evidence. However, he was entitled to some discount having pleaded guilty to the assault charge.  The judge reduced the overall start by two and a half months.

Lyver got a further four and a half months discount for personal issues, including remorse. Although belated, his expression of remorse was sincere. He atoned  by pleading guilty immediately after hearing the victim’s evidence and did so sincerely, the judge said.

He recalled an apologetic comment Lyver also made to the victim while being remanded into custody after the judge-alone trial. It had reflected Lyver’s active involvement in the Muslim community in Gisborne.