A 20-year-old hairdresser has been jailed for manslaughter after a fight between two large groups of men left a 40-year father dead.
Jacob Borja, who was 18 at the time of the melee, was sentenced in the NSW Supreme Court on Friday to nine years and six months jail with a non parole period of five years and nine months, backdated to his December 2021 arrest.
Borja was part of two groups of men who engaged in a violent melee at Whalan Reserve, near western Sydney's Mount Druitt, on December 22, 2021.
Matthew Smale, aged 40, died after being stabbed in the neck by Borja during the melee, while his son Jaiden and brother Robert Corrigan were also seriously injured after Borja stabbed them.
Borja pleaded guilty to one count manslaughter and two of reckless wounding.
The fight was sparked by a dispute between two former roommates, including over a PlayStation that was allegedly stolen from the property.
Shortly after the melee began, with more than a dozen men kicking, punching and pushing each other, Borja emerged from a vehicle wearing a cloth face mask and wielding a 30cm knife, the court heard during sentencing.
Borja first stabbed Mr Corrigan in the arm, leaving him with non-life threatening injuries.
The court heard after seeing Corrigan stabbed, Matthew Smale armed himself with a reciprocating saw which despite not being powered is considered a weapon, leading to Borja's act being considered "excessive self-defence”.
Borja finally stabbed Jaiden Smale, who was armed with a Taser which he was using on people during the melee, once in the chest and once in the back.
During the fight, some of the men got in a ute and began driving at speed around the group, before flipping the vehicle onto its roof.
Crown prosecutors submitted Borja's conduct in stabbing Matthew Smale went far beyond what would have been a reasonable response.
In sentencing Borja, Justice Richard Weinstein said in the circumstances of the melee, it was reasonable he held concerns he was about to be attacked by Matthew Smale and responded to defend himself.
“Things were happening quickly and there was fighting all around him,” Justice Weinstein said.
However, he added other options were available to Borja including parrying a prospective attack or stabbing Mr Smale somewhere other than the neck, such as an arm or leg.
In a statement to the court, Mr Smale's wife described him as, "hardworking, a wonderful father who was loved by everyone".
Borja, who until recently was working as a hairdresser, was advised by a friend following the incident to tell police he had the knife because he lives in Mount Druitt and "anything can happen".
The court heard Borja is deeply remorseful over the incident, which he considers a "terrible and tragic mistake".
Borja’s girlfriend, to whom he intends to get engaged, described the offending as out of character for him.
She said he told her he is on a new path since converting to Islam while in custody and is interested in one day opening his own barbershop.
He will be eligible for parole on September 22, 2027.
