Australia Woman 'smoked cones' after stabbing ex-boyfriend to death, Supreme Court hears

11:30  18 march  2020
11:30  18 march  2020 Source:   abc.net.au

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CONTENT WARNING: This story contains details that may be distressing for some readers

A 29-year-old mother of one has been sentenced to nine-and-a-half years behind bars for the manslaughter of an ex-boyfriend in 2017.

Kimberly Ruth Mitchell pleaded guilty to manslaughter and a series of minor drug and wilful damage-related offences in the Supreme Court in Rockhampton.

The court heard the deceased, 40-year-old Kevin John Ryan, attempted to enter Mitchell's Emu Park home on October 4, 2017, to retrieve some of his belongings.

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It was there Ryan had an altercation with Mitchell's cousin, Steven Mann, and a knife was used to slice Mr Mann's face.

The court heard Mr Mann went inside to wash his face.

Mitchell then picked up the knife and stabbed Ryan once in his chest outside her home.

Ryan stumbled to the footpath where neighbours attempted to assist him before paramedics arrived.

He died at the scene.

Defendant 'smoked cones' after stabbing man

The court heard Mitchell returned inside after stabbing Mr Ryan and smoked cannabis with her cousin.

"Mann asked you what had happened," Justice Graeme Crow said.

"You replied, 'I think I just killed him.'

"You and Mann remained in the unit and smoked several cones of cannabis.

"You did not attempt to render any assistance — that is truly troubling and inhumane.

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"He died a terrible and painful death as his heart was slowly compressed and his lungs filled full of blood.

"Ryan had a criminal history.

"Ryan had a massive problem with drugs, but he was still a human being."

Lengthy criminal history relevant in sentencing

Justice Crow said Mitchell's long history of violence and robbery was truly terrible and troubling.

He said the defendant had been to prison five times before the manslaughter of Mr Ryan.

"It's sad the use of violence you've resorted to in the past has now got you into a situation where a person has lost their life," Justice Crow said.

"Many would say that was entirely predictable by your trajectory.

"It shows that over a long period of time you've resorted to violence it shows you've had no regard to police or other authority."

Justice Crow told the court Mitchell is the mother of a toddler who is living with her in custody.

He said in order to give the child a chance at life, Mitchell must serve her time in custody peacefully.

"Given your history and your background, should you return when you're free to drugs and alcohol, history will repeat itself," he said.

"If it does repeat itself, sadly for you it will mean you will need to be locked up for longer periods of time.

"You have a massive motivation to change your ways.

"It's sad someone had to die before you came to this realisation."

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