A Strathdale man who stabbed the ex-boyfriend of his lover and screamed, "Die, die" has avoided a term of imprisonment.
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Glenn James Larke had been with his girlfriend for several years when he secretly embarked on a second relationship with another woman.
On July 5 last year, he took the woman back to his home.
But the woman's ex-boyfriend saw Larke driving and followed him to his home.
After sitting outside for a while, the ex-boyfriend went to the front door and confronted Larke about the relationship.
Larke let the ex-boyfriend into the house, where he discovered his former lover in the bedroom.
He took a video of the situation, and continued to question Larke about their relationship.
The woman left and the argument moved to the garage, where the ex-boyfriend demanded to see Larke's phone.
He then threatened to show proof of the secret relationship to Larke's partner.
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Unbeknownst to the ex-boyfriend, Larke had armed himself with a hunting knife - which he used to stab the man under the chin.
A scuffle ensued during which Larke held the knife to the man's throat, screaming, "Die, die".
The victim escaped but Larke convinced him to return, saying he needed to go to hospital.
But Larke attacked again and slashed the man's cheek.
The man escaped, and later received nine stitches for his wounds.
Larke called emergency services and told them he had stabbed someone.
When police arrived they found him at the front of his house in a bloodstained shirt with his hands on his head.
In his police interview Larke made full admissions to the attack.
He said he was trying to kill the victim and was remorseful.
Larke pleaded guilty in the Bendigo Magistrates' Court this month to intentionally causing injury in relation to the incident.
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The court heard the 33-year-old had not been in trouble with the law before.
Defence lawyer Luke Docherty said the victim had been making threats against Larke in the lead-up to the stabbing.
"He initially armed himself in defence of himself," Mr Docherty said.
"But he seems to see the opportunity and take action preemptively."
Given the unusual circumstances, Mr Docherty said, a fine could be in range.
"It's very strange. It's not like he has an anger management problem - the person who was angry was the victim," magistrate Patrick Southey said.
Police prosecutor Sergeant Mark Snell said he did not condone the actions of the victim, but there were aggravating features to Larke's offending: he armed himself, stabbed the man in the throat area, yelled "Die, die", and attacked him a second time.
Sergeant Snell said he would not ordinarily suggest it for a first-time offender, but this matter warranted a term of imprisonment.
But Mr Southey opted to not send Larke to jail, noting he had no prior convictions and the offending occurred in "extremely unusual circumstances".
He took into account Larke's guilty plea and said it was significant that the offender had a good work record with no criminal history at 33 years old.
Mr Southey accepted there was an element of self-defence and put Larke's actions down to "poor judgement" in an unusual and stressful situation.
But he noted the gravity of the offending, saying: "It's a serious matter, stabbing people".
Larke was convicted and fined $1500, plus costs.
If he had not pleaded guilty, he would have been imprisoned for one month.
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