Man to be sentenced for manslaughter in coming weeks over stabbing death

Timothy Devey, 53, of Garden Street, Warrnambool, was found by Justice James Elliott in the Supreme Court to have gone to a kitchen soon before he stabbed victim 45-year-old Craig Blachford in December 2018.

Devey pleaded guilty to manslaughter in the Supreme Court last year.

Barrister James Fitzgerald told the court on Tuesday it seemed unarguably that if not approached by Mr Blachford, his client would have left the house, got on his bike and gone home.

He said Devey had been involved in a serious offence.

"A man died. It was a chaotic afternoon for all parties," he said.

"These were people who dwell on the margins of society and found company together, uncomfortably that afternoon."

The barrister said those at the unit were using alcohol and perhaps other substances while there were issues over a debt and underage sex.

Mr Fitzgerald said a "very hostile, charged environment developed" and while preparing to leave the unit Devey was approached at the door by the deceased.

"That said the reality of what happened happened and Mr Blachford was stabbed," he said.

Mr Fitzgerald admitted Mr Devey's prospects of rehabilitation were considered guarded.

The prosecution admitted that despite Mr Blachford's death it was conceded the case was a lower end example of manslaughter.

The court heard on the evening of December 7, 2018, Devey was one of a number of people at a Cramer Street unit in Warrnambool.

There had previously been a phone call about a $150 debt owed by Devey to a woman.

That evening Devey handed over $100 as part payment and then later $50 to clear the debt.

Those at the unit were drinking heavily, Devey on port.

Mr Blachford became frustrated when Devey admitted to once sleeping with a 15-year-old girl, and called him a pedophile.

Mr Blachford told Devey he could not have any more alcohol and told him to leave.

He claimed that Devey still owed the woman, and demanded a further $100.

Mr Blachford punched Devey to the top of a helmet he was wearing at the time.

Devey then walked through one kitchen door and out another, supposedly arming himself with a knife.

Mr Blachford soon after attempted to grab Devey's bag while he was preparing to leave the unit and Devey stabbed Mr Blachford to the stomach.

The 20cm long knife entered the victim's abdomen, went through his liver and pierced his diaphragm.

The stab wound was 17cms deep.

Devey had the knife in his right hand, he fled the unit and those at the unit tried to provide care to the victim and stop the significant bleeding.

An ambulance was called at 8.26pm, arrived at 8.35pm and paramedics found the victim with a large vertical incision and his bowel exposed.

Mr Blachford was taken to Warrnambool Base Hospital, assessed and taken to theatre where he underwent two surgeries.

His injuries included two 10cm lacerations to his stomach wall and damage to a major vein connected to the liver.

The injuries were not survivable and Mr Blachford was declared deceased at 3.10am the next morning.

Devey fled the unit on his orange mountain bike with large tyres and a knife was located 450 metres from the Cramer Street unit, near the intersection with Birdwood Avenue.

Devey was arrested by critical incident police officers the next morning at his Garden Street unit.

He claimed he was kicked and beaten by Mr Blachford, who he had claimed had armed himself with a knife.

"I thought he was going to cut me up," he told officers.

The knife had Mr Blachford's blood on the blade and Devey's DNA among a mixed DNA sample on the handle.

Mr Blachford's death was caused by the single stab wound.

One of Mr Blachford's daughter's said in a victim impact statement she simply didn't know how to put the loss of her Dad into words.

She said she would never forget the phone call from her mother telling her what had happened, leaving her sitting on the floor at work in tears.

The daughter said she had extreme anxiety when her phone rings and it tears her heart apart she will never see her father again.

She said her life was now not the same, her five-year relationship fell apart and she left university as she could not concentrate.

She said no one should have to feel the pain of losing a parent due to another person's inhuman actions.

Mr Fitzgerald said his client had a personality disorder and had been a heavy user of cannabis and alcohol after a difficult childhood.

He said he had of recent times led a loner lifestyle and up until Tuesday, Devey had spent 822 days in pre-sentence detention.

The barrister said the turning point in Devey's life had been a partner having an affair which led to Devey attempting to take his own life.

He said Devey's life spiralled out of control and he developed a full scale personality disorder, where as before he had some skills and intelligence.

Mr Fitzgerald said his family no longer had contact with him although he planned to return to Warrnambool after serving his jail sentence.

Justice Elliott remanded Devey in custody until sentencing on a date to be fixed, which is expected in coming weeks.

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