By SONJA KOREMANS
A MAN who slashed two teens with a samurai sword after an argument has walked free despite pleading guilty.
Maryvale resident David Frank Bate pleaded guilty in the Warwick District Court this week to unlawful wounding and assault occasioning bodily harm while armed, after an earlier mistrial in February.
The court heard Bate, 55, who collects swords, attacked a 16-year-old boy and 15-year-old girl after they entered his home while he was asleep in his Maryvale home.
Crown Prosecutor Nicholas McGhee said the boy and Bate had a disagreement earlier in the evening at an Earth Hour party in Maryvale. The boy and his girlfriend later went to Bate’s house to confront him over the dispute.
The court heard Bate – a former truck driver – was woken by the pair, grabbed a samurai sword from above his bed and attacked the teens.
The boy sustained a 30cm-long wound to his back requiring 24 stitches, while the girl received minor injuries to her hand.
The court heard both teenagers had suffered psychiatric issues since that night.
Defence barrister Robbie Davies told the court his client had also suffered psychological shock and was taking medication for post-traumatic stress disorder.
He said that Bate had the right to defend his home but over-reacted to the teenagers.
“My client awakes in the middle of the night, extremely alarmed and shocked and was reacting before he had time to cool down or think about the situation,” Mr Davies said.
“He settled down once he saw who the girl was, brought her inside and washed her wound and started to take her back to her mother,” he said.
“Mr Bate has no previous history of violence and doesn’t have alcohol or drug issues.”
Mr Davies added that Bate had suffered financial hardship after spending eight months in custody.
Bate spent 235 days in pre-sentence custody and was granted Supreme Court bail on the condition he did not return to Maryvale.
Judge Douglas McGill said the time Bate spent behind bars was “more than adequate“ and allowed him to walk free from court.
Bate was sentenced to 18 months’ jail, which was suspended for 18 months.
