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Newcastle Herald
Newcastle Herald
National
Nick Bielby

'Eye for an eye': Tirade during manslaughter sentencing hearing

A woman was removed from Newcastle courthouse on Friday after a tirade in front of the Supreme Court during which she apparently threatened her half-brother - who is waiting to be sentenced for manslaughter over the stabbing death of her partner.

The shocking scene came during the sentencing hearing for Justin Fuller, 34, who was found not guilty of murder in September after stabbing Guy McCulloch through the window of a vehicle in a Belmont South street on the afternoon of December 19, 2018.

Mr McCulloch, 50, was in the driver's seat of a vehicle when he was stabbed multiple times by Fuller.

Fuller's half-sister Kristy Duley was in the passenger seat at the time.

Ms Duley was invited to read her victim impact statement in Newcastle Supreme Court on Friday morning.

But as she stepped into the witness box, she scrunched the piece of paper she was holding and threw it across the courtroom, saying in a raised voice: "you can shove your f***ing victim impact statement up your f***ing arse".

She then continued by saying the matter was the "beginning of a family feud" and that it would be a case of "an eye for an eye".

Ms Duley then stormed out of the courtroom.

Fuller had previously pleaded not guilty to murder, with his legal representatives arguing partial defences of both excessive self-defence and extreme provocation given that Mr McCulloch's vehicle reversed towards Fuller in the moments before the fatal stabbing and the history of family animosity - which was previously detailed before the court.

Police at the scene at Belmont South. Picture: Marina Neil

Fuller's barrister Winston Terracini, SC, said in his submissions to the court on Friday that his client should be looking at a non-parole jail period between three and five years and that he should receive a 25 per cent discount for pleading guilty to manslaughter at an early opportunity.

Mr Terracini said Fuller's prospects for rehabilitation were "excellent" and his willingness to accept guilt was "a very important factor".

He said special circumstances should also be considered in sentencing Fuller given the difficulties he faces when released from prison - likely having to relocate to live in another area.

But Crown prosecutor John Stanhope argued the case was on the high end of the scale of objective seriousness for manslaughter.

Mr Stanhope said Fuller left Beach Street after an initial run-in with Mr McCulloch and returned to the scene with two knives "anticipating a further violent confrontation".

"It was not a one punch affair, it was not a one stab affair, it was a case of a repeated stabbing," he said.

Fuller will be sentenced on November 9.

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