Qld man loses appeal for stabbing 71yo

Christine Flatley

A man has lost an appeal over his attack on a 71-year-old who was permanently blinded when he stabbed her in the eye with a butter knife.

Kane Alan Smith was 20 when he broke into the woman's home at Torquay in southern Queensland in May 2015 and attacked her.

He punched her in the face several times and stabbed her in the eye with a butter knife, which penetrated her brain.

The attack caused her to lose sight in her right eye, and has significantly affected her ability to care for herself and enjoy life.

Smith was sentenced in the Brisbane District Court last year to seven years' jail.

The incident was declared a serious violent offence, meaning he must serve 80 per cent of his sentence.

His lawyer argued in the Court of Appeal that the serious violent offence declaration was inappropriate as he had serious mental illness.

However, the Court of Appeal on Tuesday rejected the submission, saying his mental state was induced by his heavy drug use.

The court also noted he was on bail for another similar offence at the time.

"This was a particularly brutal attack upon an elderly woman at night within her home," Justice Walter Sofronoff said in his written judgment.

"The applicant continued to bash her as she lay on the ground. He used a weapon that he drove into her brain. The resulting injuries are permanent and have ruined the complainant's life forever."