Brutal home invasion eye stabber 'ruined' woman's life
HE caused a 71-year-old woman to have brain injuries after stabbing her in the eye, ruined her life, then complained about his prison sentence.
Kane Alan Smith went to a stranger's house in Torquay, broke in and started punching the woman in the face.
With a butter knife, he stabbed her eye with such force the knife bent.
In that meth-addled psychotic episode in May 2015, Smith kept telling the woman that he was being kidnapped.
She begged him to call police - and he did.
After a violent struggle, Smith was arrested.
Later, at Brisbane District Court, Smith was jailed for seven years.
The Torquay attack was declared a serious violent offence, so Smith had to serve 80 per cent of his sentence.
Smith went to Queensland Court of Appeal, his lawyer claiming the district court didn't adequately take Smith's mental health into account, and the SVO declaration made the jail time excessive.
The appeal court heard Smith's blood was tested after the attack, and showed traces of the drug ice, and of THC from marijuana.
A psychiatric report said Smith had a drug-induced psychotic disorder at the time of the home invasion.
The appeal court heard Smith had a dysfunctional, chaotic upbringing.
"...in a sense, the applicant has been a victim of circumstances," Justice Walter Sofronoff said in Tuesday's judgment.
"His upbringing and life have been hard, and he has suffered."
But Justice Sofronoff said the Torquay attack was especially brutal.
"He used a weapon that he drove into her brain. The resulting injuries are permanent and have ruined the complainant's life forever."
Melbourne-born Smith, in his mid-20s, had a criminal history in Queensland and New South Wales.
And he was on bail for a similar offence of entering a dwelling when he attacked the woman.
Justice Sofronoff said the district court judge did take into account Smith's mental health problems.
Smith's application was refused. -NewsRegional