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Newcastle Herald
Newcastle Herald
National
Nick Bielby

'I had a knife in my hand but I did not plan to stab the man', says murder accused

The scene of the stabbing in Beach Street, Belmont South in December, 2018. Inset, Justin Fuller, now 34, has pleaded not guilty to murder but guilty to manslaughter and is facing a trial in Newcastle Supreme Court.

A man on trial for an alleged murder in the middle of a Belmont South street has told a court he intended to punch the man he killed.

Justin Fuller says it was not until after he pulled the knife from Guy Hamilton McCulloch's body for the final time that he realised he had stabbed the 50-year-old three times.

The 34-year-old took the stand in Newcastle Supreme Court on Tuesday in the trial over Mr McCulloch's death at Beach Street on the afternoon of December 18, 2018.

Mr Fuller has pleaded not guilty to murder but guilty to manslaughter.

The central issue for the jury, who have been hearing evidence since last week, is Mr Fuller's state of mind and intention during the incident.

In the witness box on Tuesday, Mr Fuller spoke of his history with Mr McCulloch and described the lead-up, the incident itself and the immediate aftermath from his perspective.

Mr Fuller said he went to retrieve his backpack in search of his mobile phone after an initial physical altercation.

The court heard that he found two machetes in his bag and took them back to the scene to scare anyone who threatened him - including Mr McCulloch and another man who had been armed with a bat and allegedly had an axe when Mr Fuller returned to Beach Street.

At this time, he said, he was also unable to find his partner and had become concerned as to her whereabouts and welfare.

The court heard that Mr McCulloch's four-wheel-drive sped away as Mr Fuller approached with the machetes, before the vehicle came to a halt and reversed at him.

Mr Fuller said he stepped out of the Nissan's path as it was almost upon him, but was "collected" by the side of the vehicle, which left him clinging to the door and an open window.

"I believed he was trying to run me over on purpose," Mr Fuller said.

"I just wanted him to stop, I was hanging off the side of a moving vehicle."

Mr Fuller said he "swung" at Mr McCulloch three times after the older man twice tried to knock him off the four-wheel-drive.

"When I lost it and swung at him, I wasn't even thinking of the knives," he said.

"It is my belief I was trying to punch him in the head."

When questioned by the Crown about how he could forget he was holding a 30cm blade as he threw punches, Mr Fuller replied: "It's not every day I hold knives, sir".

"I accept I had a knife in my hand but I did not plan to stab the man," he said.

Crown prosecutor John Stanhope argued that Mr Fuller returned to Beach Street with the knives intending to stab Mr McCulloch and that he was not "out of control" at the time. Mr Fuller denied this.

Mr Stanhope said to Mr Fuller: "You just had a knife in your hand and you wanted to stab him in the chest so you did".

Mr Fuller replied: "That's not what happened, sir".

Mr Fuller told the court he tossed the machetes into a backyard after the stabbing because he did not want to be seen looking like "a f***ing idiot" walking the streets with the knives - he denied he was hiding evidence.

He also denied showering in his pants when he got home in order to wash away blood - he said he showered to calm his anxiety.

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