A MAN accused of stabbing his younger brother four times in the lower back with a kitchen knife during an argument outside their home at Fingal Bay in the early hours of Sunday morning has been granted conditional bail in Newcastle Local Court.
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Daniel Mulholland, 28, was represented by criminal defence lawyer Drew Hamilton when he appeared in court on Monday charged with wound person with intent to cause grievous bodily harm and affray.
Daniel Mulholland and his brother, 27-year-old Wade Mulholland, had been out together at a social gathering at Nelson Bay, drinking and, according to Daniel, using drugs, despite laws about self-isolating and were returning home when the pair began arguing, according to police facts.
Daniel told police when they arrived home in Shoreline Drive about 2.20am they began fighting, exchanging punches, before Daniel allegedly ran inside and grabbed a kitchen knife.
He returned to where Wade was in the front yard and swung the knife at him several times without striking him. The pair then separated and were heading in opposite directions when Daniel claims Wade yelled out to him. Daniel then allegedly went straight to where Wade was standing on the street with his back turned and stabbed him four times in the lower back. A number of triple-zero calls were made to police and ambulance and emergency services arrived to find Wade bleeding heavily from multiple stab wounds to his back. Wade was treated at the scene and taken to John Hunter Hospital where police said on Sunday that he underwent surgery and is in a stable condition.
Daniel remained at the scene and was arrested. He allegedly immediately admitted to stabbing his brother and later participated in an interview at Raymond Terrace police station where he reiterated his alleged involvement.
"The accused reported being in fear of the victim and having had previous physical altercations with him in the past," police said in a statement of facts.
When asked why he re-engaged with his brother and stabbed him after initially brandishing the knife, Daniel said he thought his brother had "done or was doing something" to his vehicle.
Police say that caused Daniel to become "enraged".
However, police claim Daniel also commented that he thought, had he not stabbed his brother, Wade would have come into his room later and assaulted him. Police had not obtained a version of events from Wade at the time the police facts presented to the court were drafted.
While Wade recovered in hospital, Daniel was charged with wound person with intent to cause grievous bodily harm and affray and refused bail by police.
He did not enter any pleas, but applied for bail on Monday with Mr Hamilton telling Magistrate Sharron Crews that his client was 84 times more likely to contract coronavirus in jail than in the community. Ms Crews granted bail, on the condition that he not go east of Bobs Farm, not drink alcohol or take drugs and forfeit $1000 if he breached the conditions.
