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Perth pair jailed over fatal stabbing

AAP logoAAP 29/07/2016 By Rebecca Le May

Two men who were on their way to a Perth home to slash an inflatable pool but ended up fatally stabbing an adversary at a nearby house have been jailed for almost eight years.

In December 2013, Gary Thomas William Hindmarsh, 31, and Nenad Simic, 42, were walking towards a Balga property with a steak knife to vandalise an inflatable pool belonging to Simic's estranged girlfriend, who had died about six months earlier from a heroin overdose.

But a heavily drunk and "charged up" Simic changed his mind and instead burst into a nearby house occupied by 50-year-old victim Brian Keenan and his housemate Mark Weston.

The Supreme Court of Western Australia heard on Friday the landlord of Simic's former partner had refused to let him retrieve her possessions - including the pool - leading to conflict between Mr Keenan and Mr Weston.

Mr Keenan responded by bashing Simic with a baseball bat and pushing him outside.

As the men struggled with the bat, Simic ordered Hindmarsh to stab Mr Keenan.

Hindmarsh followed through, stabbing Mr Keenan twice and penetrating his heart and a kidney.

Simic's defence lawyer, Sam van Dongen, told the court his client was remorseful, didn't flee the scene and waited for police to arrive after Mr Weston called them.

Mark Gunning, who represented Hindmarsh, said Simic had a "high level of rage" but his client did not.

"He is a follower - I think that comes out pretty clearly," Mr Gunning said.

"He's presented with a very violent situation. He did not instigate that.

"He was not aware that Mr Simic had no right to go into the property."

Prosecutor Justin Whalley said it was a case of excessive self defence.

Justice Lindy Jenkins said while Hindmarsh had killed the victim, Simic had instigated the confrontation, so they were both handed the same jail term of seven years and nine months.

Hindmarsh was also sentenced to a further two years over criminal damage charges stemming from a March 2013 firebombing of a car belonging to a member of a rival bikie gang.

Supporters of the men wept as the sentences were handed down as members of Mr Keenan's family watched the proceedings via videolink from New Zealand.

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