A VICTORIAN man who fatally stabbed an associate amid an argument about Nazi handguns has been found not guilty of murder on the grounds of self-defence.
Jarrod Leonard Frank, 43, was charged with murdering Scott Bury at his Bendigo home in January 2018.
In Victoria's Supreme Court on Wednesday, Justice Michael Croucher said Mr Frank had no case to answer for murder or the alternative charge of manslaughter, and discharged the jury.
Read other court news:
"It is of course a terribly sad thing that Scott Bury is dead, but it is equally true Jarrod Frank is found not guilty if the prosecution cannot disprove he acted in self-defence," the judge said.
"In my view this is an overwhelming case of self-defence."
Justice Croucher said Mr Bury had "terrorised" Mr Frank, threatening him with two carving knives and an iron bar.
The two men had met once before. They later bumped into each other in Bendigo, and spoke about the calibre of ammunition used in Luger handguns by German officers in World War II.
Mr Bury bet Mr Frank $100 he was right because two years prior he had robbed a bank with a 9mm Luger, prosecutor Grant Hayward said.
The pair then went to Mr Bury's home with another man to research the answer when an altercation broke out.
Mr Frank told Mr Bury "hey bitch, here you go", the court was told.
Mr Bury armed himself and Mr Frank turned the knife back on him in what he thought was a "life or death struggle".
Barrister David Gibson previously said Mr Frank accepted he had caused Mr Bury's death but did so in self-defence.
"You can be sure that Jarrod Frank regrets the death of Scott Bury as much as anyone. But that doesn't make it a crime," the lawyer said.
- with Australian Associated Press
A man charged with murder after a fatal stabbing in Bendigo has been found not guilty.
Jarrod Frank, 43, was facing a Supreme Court trial in Melbourne, but the jury was discharged on Wednesday morning.
Justice Michael Croucher ruled that Mr Frank had "no case to answer".
Mr Frank had pleaded not guilty to the charge.
The victim was 49-year-old Scott Bury, who died on January 3, 2018.
When the trial opened last week the jury was told the pair had fought that day while arguing at Mr Bury's unit on King Street in Bendigo.
The defence lawyer David Gibson argued that Mr Frank had acted in self defence.
More to come.
- Vossloh Cogifer Australia awarded $80m Inland Rail turnout manufacture contract
- Victoria's daily COVID cases see no locally transmitted cases but three new cases in hotel quarantine
- Man pleads guilty to assaulting two Bendigo police officers, being drunk in a public place
- Cricket: Addy EVCA Top 50 MVP Rankings | ROUND 10
Have you signed up to the Bendigo Advertiser's daily newsletter and breaking news emails? You can register below and make sure you are up to date with everything that's happening in central Victoria.