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escalating violence in our community
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Stabbed his ex-partner's lover to death in Invercargill in September 2008
Darnell Glen Leslie
.
none known
Born 1982
Prison
Sentenced to 8 years with a 5 year 4 month non-parole period in December 2009
Background
NZ Herald story here
An Invercargill man who killed his ex-partner's lover in a frenzied knife attack was jailed for eight years when he appeared in Invercargill High Court today. Last month a jury acquitted Leon David Fallow, 27, of the murder of Darnell Glen Leslie on September 27 last year, returning a verdict of manslaughter instead.
But in sentencing this morning Justice Forrest Miller told Fallow the case was very close to murder, rejecting defence counsel Judith Ablett-Kerr's contention that provocation was a significant factor in the killing. "There is compelling evidence you acted with murderous intent." The judge found Fallow had been emotionally dependent on his partner of more than six years, Gemma Adam. The couple had three children together – one had died and another suffered serious and ongoing heart problems.
Fallow found it difficult to cope and became a regular cannabis user. In March 2008 he attempted suicide after he was violent towards Ms Adam. "She had carried the family through great adversity single-handedly. By June or July 2008 she found solace in the company of Mr Leslie." Three months later Ms Adam moved out of the home she shared with Fallow. By early September 2008 she had rented a house and was seeing Mr Leslie. "You didn't accept the relationship was over," Justice Miller said.
Around September 21, Ms Adam forced Mr Leslie's hand when she contacted his girlfriend and told her about their relationship. Mr Leslie was thrown out. A few days later Fallow found Mr Leslie moving in with Ms Adam. The couple admitted they were having a sexual relationship, which prompted Fallow to punch Mr Leslie a couple of times before leaving. "That evening you became very intoxicated on alcohol and cannabis." He was also on anti-depressants at the time.
The judge said Fallow became aggressive at a pub and then, when he returned home, he rang Ms Adams twice during the early hours of September 27. He then took two steak knives from his kitchen and walked the 800m to Ms Adam's house. Hearing his footsteps outside she immediately dialled 111. Fallow broke into the house by breaking a window in the backdoor. "You gashed your arm and you bled profusely."
He then burst into the bedroom and started stabbing Mr Leslie. "You were the aggressor. Mr Leslie was naked and unarmed, trying to protect himself and Ms Adam from the frenzied attack." Mr Leslie grappled with Fallow, moving from the bedroom to the lounge. It enabled Ms Adam to flee next door. Mr Leslie also managed to run outside where he collapsed in the gutter and died. Fallow remained inside the house, suffering from his arm wound, until the armed offenders squad arrived.
Justice Miller said he did not accept Fallow took the knives with him for self harm and self defence. Starting at a sentence of 12 years' jail, he gave Fallow some credit for his willingness to plead guilty to manslaughter soon after the stabbing, an offer that was rejected by the Crown. However, he imposed a minimum non-parole period of two-thirds of the sentence.