Friday, August 20, 2010

Stabbing 'not unreasonable'

August 19, 2010

LINK

IT was not "unreasonable" for a young Acton man to stab his mate who was sleeping with his sister, a court has heard.

Shane Adrian Krause, 23, has pleaded not guilty to assaulting and wounding Samuel Moore on October 13 last year.

The Supreme Court in Hobart heard Mr Krause was deeply offended when he came home and overheard Mr Moore, 22, having sex with his sister.

Mr Krause drove to Mr Moore's Roches Beach house armed with a set of knuckle dusters.

The court heard there was a scuffle, but Mr Moore and Mr Krause gave very different versions of the fight and who came out worse.

Later that day Mr Moore went to Mr Krause's home to confront him.

Mr Krause's lawyer Steve Chopping said his client was by now sorry for the earlier incident and frightened Mr Moore would "kill him".

Mr Krause armed himself with a knife and attempted to drive off in his father's car.

Mr Chopping said Mr Moore grabbed Mr Krause through the car window and it was "not unreasonable", in the circumstances as Mr Krause saw them, for him to drive off and lash out at Mr Moore's arm with the knife.

Witnesses said Mr Moore was dragged along about 60m before he managed to free his arm.

The jury in Mr Krause's trial is about to retire to consider its verdicts.



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Self defence tack fails


August 20, 2010

link


AN overly protective brother who attacked a mate with knuckle dusters because he was sleeping with his sister failed to convince a jury it was self defence.

Shane Adrian Krause, 23, of Acton Park, had argued he acted reasonably when he drove to Samuel Moore's house and punched him with the knuckle dusters.

The Supreme Court in Hobart heard Krause also stabbed Mr Moore in the arm when his victim confronted him about the earlier attack.

His lawyer Steve Chopping argued that was self defence.

A jury took two hours yesterday to find Krause guilty of the crimes.

He was acquitted of a further count of assault related to accusations he intentionally drove off while Mr Moore's arm was stuck in his car window.

The court heard Krause knew about his sister's relationship with Mr Moore, but was deeply offended when he came home and overheard the couple having sex.

On October 13 Krause drove to Mr Moore's Roches Beach house armed with a set of knuckle dusters.

The court heard there was a skirmish, but Mr Moore and Krause gave different versions of the fight and who came out worse.

Later that day, Mr Moore went to Krause's home to confront his former friend.

Mr Chopping said his client was by now sorry for the earlier incident and was frightened Mr Moore would kill him.

Krause armed himself with a knife and attempted to drive off in his father's car.

Mr Moore grabbed Krause through the car window and a terrified Krause drove off, stabbing at Mr Moore's arm with the knife.

Witnesses said Mr Moore was dragged along about 60m before he managed to free his arm.

Mr Chopping said his client, a cannabis-smoking carpenter, was a frightened and paranoid man.

Mr Chopping said Krause had since cut back his drug use.

Justice Peter Evans released Krause on bail and will sentence him next week.

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