A Supreme Court justice will make a ruling on who first took possession of a 20-centimetre long knife that killed a 45-year-old Warrnambool man last year.
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Craig Blachford died on December 7, 2018, after he was fatally stabbed in the abdomen at a property in Warrnambool's Cramer Street.
Timothy Devey, 51, of Garden Street, Warrnambool, was initially charged with his murder, however that was recently downgraded to manslaughter, with Devey entering a guilty plea on October 8.
On Thursday, barrister James Fitzgerald told the Supreme Court the fatal stabbing was not disputed however there were issues with who first took possession of the knife.
He said there were three potential findings - that Devey took possession of the knife as alleged by the prosecution, that Mr Blachford first had the knife but was disarmed and stabbed, or that the matter was inconclusive.
Justice James Elliott said he would make a ruling on the issue prior to sentencing Devey.
The matter was adjourned until March 9. The defence was ordered to provide written submissions to the court before that date.
Devey remains on remand.
The court heard Devey attended a Cramer Street address on December 7 last year following a discussion with the occupant Paul O'Gorman about a $150 debt.
The three men began drinking heavily at the property. The mood became hostile and Mr Blachford became frustrated and angry with Devey.
The victim punched the head of the accused who was wearing a bike helmet.
The court heard from two witnesses who said Mr Blachford cried "I've been stabbed" before stumbling and falling to the ground.
One witness said he then observed Devey holding the 20-centimetre long knife.
Mr Fitzgerald said no one saw Devey or the victim with the knife until after the stabbing. He said Mr Blachford stayed at the property the night before and likely had more opportunity to obtain the weapon.
But prosecutor Robyn Harper said Devey was observed entering and exiting the kitchen prior to the stabbing.
"There's no evidence that (the victim) left the (lounge) room at any stage," she said.
She said there was evidence that Blachford lunged in an attempt to grab Devey's bag and then "started slowly walking backwards holding his stomach".
"There's a lack of opportunity for the accused to have obtained the knife from the deceased. The opportunity arises for him to obtain it from the kitchen," she said.
A Victoria Police forensic expert told the court that both Devey and Mr Blachford's DNA was found on the knife.
The expert said there was no way of knowing who touched the weapon first.
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