The man found guilty of stabbing Andrew Drake to death in a Surfside backyard in 2019 has admitted to threatening another man with a knife on the same night as the fatal incident.
Daniel James Sharpe, 20, pleaded guilty in Batemans Bay Local Court on Thursday to a charge of stalk/intimidate with intent to cause fear of physical or mental harm, negating the need for a planned hearing.
Sharpe was found guilty of manslaughter over the death of Mr Drake in the NSW Supreme Court at Queanbeyan earlier this year after being acquitted of murder.
He argued the killing was done in defence of his father and was sentenced to a jail term of seven years and six months, with a non-parole period of four years and nine months.
Now, Sharpe has been sentenced to a fixed-term jail sentence of six months for threatening another one of his neighbours with a knife less than an hour before he stabbed Mr Drake.
According to police facts, the victim and his partner heard "bashing noises" coming from Sharpe's place on Osprey Place, Surfside, sometime between 11pm and 11.50pm on April 13, 2019.
When they approached the home to investigate, they heard a male voice call out "f*** the c***** of neighbours" before they started a conversation with Sharpe's father at the front gate.
The victim, who we will not name, noticed Sharpe come out of a shed and walk towards them. He then went back into the shed after about 30 seconds, and re-emerged with a 12-inch 'bowie' knife.
According to the facts, the victim believed Sharpe was "wired up and ready to go" and he "felt the offender looked ready to use the knife".
The victim and his partner left shortly afterwards, and reported the incident later that night when police and other emergency services were responding to Mr Drake's fatal stabbing.
Sharpe was supported by his mother in court on Thursday as his lawyer argued the charge was at the lower end of seriousness.
"There was no premeditation, no words were said to the victim," she said.
"The victims went to bed after the incident and didn't report it until the police were at the home for a separate matter."
She described the sentencing as "tying up a loose end".
"This has caused both families significant distress, and both just want it done," she said.
The prosecutor argued it was a "serious matter".
"He saw his neighbour over the fence and then went to his garage to retrieve the knife," he said.
Magistrate Doug Dick sentenced Sharpe to a six-month jail term that will run concurrently with his manslaughter sentence.
Sharpe will be eligible for release on parole in 2024.
