NSW parolee jailed for killing love rival

·3-min read

A NSW parolee who fatally stabbed his love rival two days after being released from prison has been jailed for at least four years and four months.

Benjamin John Black pleaded guilty to the manslaughter of Jacob John King on May 4, 2018 outside a Port Macquarie residence.

After the stabbing he went inside and told Amanda Quinlan: "I think I've just killed your man ... can you call him an ambulance or something?".

The 35-year-old was originally charged with murder, but his plea to the less serious charge was accepted by the Crown on the basis he acted in self-defence with excessive force.

In the NSW Supreme Court at Port Macquarie on Friday, Justice Richard Cavanagh jailed him for six years and nine months with a non-parole period of four years and four months.

Black, who had a lengthy criminal history, began a custodial sentence in December 2017 for dishonesty offences and was released on parole on May 2, 2018.

For four years prior to his going to jail, he had been in a relationship with Ms Quinlan who told him shortly before his release she was seeing Mr King.

"The offender is said to have become upset at the news but then said to Ms Quinlan, 'I hope you have a good life'," the judge said.

On May 4, Black went to the residence, going straight to Ms Quinlan, giving her a kiss and saying: "Hello to you too".

Mr King came out of the bedroom, greeted Black and gave him a beer

After drinking some of it, Black took his t-shirt off and said to Mr King, "Do you want a lesson or a hiding?".

According to Ms Quinlan and another man present, Black "shaped up" to Mr King who appeared fearful of the bigger man.

When she asked why he wanted to hit Mr King, he replied: "Well he's taking you and he's gotta get a hiding or learn a lesson for that".

Mr King left the house, taking a knife from the kitchen because he was scared of Black and rang a friend asking to be picked up.

When Black came out of the house, Mr King pulled the knife out of his pocket and started waving it around in his left hand.

The judge said Mr King remained afraid of Black, who himself was fearful of being injured by the knife and managed to grab his hand.

During the struggle Black forced Mr King's left hand backwards and upwards into an awkward position, then twisted his hand so the knife entered the left side of his body, causing a deep wound.

Black later told police: "I didn't hate him or anything ... he was a friend of mine".

The judge said clearly Mr King was not the instigator and in no sense deserved what happened to him.

"Indeed, it is an agreed fact that Mr King took and ultimately produced the knife because he was fearful of being assaulted by the offender."

While Black was "annoyed, aggravated or angry that Mr King had taken up with Ms Quinlan and threatened to give him a hiding", the judge found he never had the intention to kill him.

He also found Black had cognitive impairment, long-term drug problems, a supportive family, had demonstrated remorse and had some prospects of rehabilitation.