The bloody end to the terrifying ordeal for a "vulnerable" and "defenceless" man who was stripped naked, detained, chased and stabbed could have been a "homicide", a court has heard.
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Cruz Angel Austin, 28, has been jailed for more than six years after he attacked his girlfriend's ex-partner in the chest before leaving him for dead in a Mangerton unit block stairwell last year.
The Mangerton man got "involved in someone else's drama" and will now spend at least three years and nine months behind bars for wounding another young man with intent to cause grievous bodily harm.
Wollongong District Court Judge Andrew Haesler said the victim, who was "vulnerable" and "essentially defenceless", sustained substantial injuries from the stabbing.
"The complainant, already apprehensive and scared by his detention, attempted to escape but was pursued by Austin," Judge Haesler said.
"The complainant's apprehension must have been increased because he knew that Austin had a knife.
"Austin may just have been trying to scare him. . . but that intent changed when, after his first blow "missed" he stabbed the complainant in the chest.
"Only prompt intervention by those who lived at the scene, police, ambulance and the staff at the Wollongong hospital stopped this offence becoming a homicide."
The court heard Austin started dating the victim's ex-girlfriend in 2018.
Around May 2, 2020, the victim took $4,500 cash, an ounce of cannabis and a car from Austin's friend and co-accused Luke Levvell, who will be sentenced for his role in the incident in September.
Levvell got his car back but wanted to find the victim to get the rest of his property back.
Levvell arranged for the victim to meet him to return his belongings and to work out an agreement to pay back the money before the man went to a house in Barrack Heights at 7pm on May 4.
Levvell's associates, one of whom had a baseball bat, were at the house when the man turned up before he was told to "sit the f*** down. You're not leaving".
The man, who felt threatened, sent messages to his mother telling her "I need help" before his parents went to Barrack Heights in the hope of locating him but when they were unable to they called Triple 0.
Levvell arrived at the house after 8pm before the man was handed over to him and was put in a car and driven to Phillips Avenue, Mangerton.
Austin and associates were on the street when the car pulled up.
The victim was forced to strip naked and was told he would be taken to nearby tunnels before he was walked down the street however he managed to get away and ran into a unit block with Austin, who was holding a knife, giving chase.
The man began banging on doors before another of Levvell and Austin's friends wrestled him before he fell on the ground.
Austin came down the stairs and said, "make me run, you f*****' little dog" and tried to stab him but missed.
A second thrust with the knife punctured his chest before Austin ran away.
The victim crawled up the stairs calling for help before one resident opened the door to find him naked, covered in blood and clutching his chest before calling Triple 0.
The man identified Austin as his attacker to the residents and a police officer before he was taken to Wollongong Hospital in a critical condition and he barely had a pulse.
He sustained a full depth penetrative wound to the chest which had punctured his right lung and several arteries.
The medical team did not expect the man to survive but he underwent emergency surgery before he was transported to another hospital where he had further surgery.
Austin was arrested on May 14 and has been in custody since.
In sentencing remarks on Wednesday, Judge Haesler noted Austin did not arm himself with the intention to use the knife on the man but rather carried it because he was scared and feared for his safety in Mangerton.
"There was no rational reason for him to do what he did; nothing provoked him to do what he did," Judge Haesler said.
The court heard Austin had been incarcerated for many years starting from age 18 and had a lengthy criminal history, and was now at risk of institutionalisation.
In a sentencing hearing, Austin told the court about his traumatic childhood.
He had completed some prison-based employment programs and wanted to attempt a rehabilitation program but had not secured a place to deal with his drug and mental health problems.
Austin said he was able to stay drug free while working on a fishing boat but once his employment stopped due to COVID-19 he was homeless living with friends, including Levvell, and began using 'ice' again.
"If it wasn't for the drugs this would never have happened," Austin told the court before noting he should "not have got involved in someone else's dramas."
Judge Haesler said the Aboriginal man had "a significant substance abuse problem since he was far too young to make rational choices" and long history of mental health, learning and disability problems.
"Austin's childhood was marred by trauma and disadvantage commencing at (if not before) birth," Judge Haesler said. "His background has left a mark and compromised his capacity to mature and learn from experience."
Judge Haesler noted Austin was "unable to express any regret or contrition or apology to his victim".
"He has yet to learn to care for himself, let alone others," Judge Haesler said."His life and moral outlook has been formed by his early deprivation, his drug use and life on the streets."
Judge Haesler took into account Austin's longstanding disadvantages and mental conditions but said the penalty must reflect the gravity of what he did to his victim.
Austin was sentenced to six years and nine months in prison with a non-parole period of three years and nine months.
He will be eligible for parole in February 2024.
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