A SUPREME Court judge said yesterday when sentencing a Wodonga man for murder that the tragedy which had a huge impact on two families was caused by “drunken bravado”.
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“You wished to prove yourself a hero,” Justice John Coldrey told Peter Anthony Schaeffer.
Schaeffer had a baseball bat and knife when involved in a fatal confrontation with Wahgunyah man Nathan Jon Hanley, 27, in Brockley St, Wodonga, on June 21, 2003.
Justice Coldrey sentenced Schaeffer, 36, to 16 years’ jail with a minimum term of 12 years.
“The courts must uphold the sanctity of human life,” Justice Coldrey said.
“Particularly there is a need to deter using weapons such as knives.”
Schaeffer was this week convicted of murder for the second time by a jury after a retrial was ordered by the Victorian Court of Criminal Appeal.
He had previously been convicted of the murder by a Wodonga jury in December, 2004.
Justice Coldrey said Mr Hanley had been involved in a relationship and his de facto had a son in 2002.
She had separated from Mr Hanley, who had alcohol and anger management problems but was trying to overcome them through medication and counselling.
His de facto took out an intervention order against Mr Hanley, but he was happy after tentative discussions about reconciliation with her.
Justice Coldrey said Schaeffer and Mr Hanley had been drinking before the fatal incident.
Mr Hanley began yelling abuse and banging the roof of his estranged de facto’s car after seeing it at Schaeffer’s place.
Justice Coldrey said the tragedy was that a phone call to police would have quickly resolved the situation.
But Schaeffer went to confront Mr Hanley, who was unarmed and drinking a stubbie of beer.
A subsequent blood alcohol analysis gave a reading of .290 and his level of awareness and co-ordination was probably reduced.
He was stabbed twice to the left flank and chest and subsequently died from blood loss.
The kitchen knife used by Schaeffer broke and he hit Mr Hanley with the baseball bat.
Justice Coldrey said the jury rejected a claim by Schaeffer that the fatal injuries were inflicted during a wrestle.
