Man Denies Ax Attack in Deadly NSW Home Invasion
LISMORE, NSW — A man accused of a violent home invasion that left a grandfather seriously injured and resulted in the fatal stabbing of an alleged accomplice has pleaded not guilty to all charges in Lismore District Court.
Desmond Avery appeared before Judge Craig Everson on Tuesday, where he formally denied charges including breaking and entering, aggravated assault with intent to rob, and causing grievous bodily harm with intent.
The incident unfolded on the night of April 9, 2024, in Kingscliff, near Tweed Heads in far northern New South Wales. Police were called to a residence just after 8pm, where they found 29-year-old Trae Laurie, Avery’s alleged co-offender, dead inside the home.
Also discovered was then 66-year-old Allan Kerr, who had sustained severe injuries. Kerr’s arm was partially severed in the attack and he was airlifted to Gold Coast University Hospital for emergency surgery.
In court, Judge Everson briefly asked Avery if he was related to world champion surfer Tom Avery, who has connections to the NSW south coast. “Yes,” Avery replied. No further details about the family connection were discussed.
According to police investigations, Avery and Laurie allegedly forced entry into Kerr’s home while armed with an axe and wearing face coverings to hide their identities. The alleged confrontation quickly turned violent.
Detectives allege Kerr was repeatedly struck with the axe before he defended himself by stabbing Laurie in the chest. Laurie died at the scene from his injuries.
Police have described Kerr’s actions as self-defence. Authorities confirmed that Kerr had no prior connection to either Avery or Laurie.
Following the violent struggle, Avery allegedly fled the scene in a silver Toyota Corolla. He was arrested the next day at a property in Kingscliff.
Due to a burst water main that has forced the closure of Sydney’s Downing Centre court complex and the need for essential witnesses, Judge Everson scheduled Avery’s trial to begin on March 30, 2025.
“I’m conscious the accused would then have been in custody for a fair while,” Judge Everson remarked during proceedings.
Crown prosecutor Brendan Campbell told the court the trial is expected to last around ten days. A readiness hearing has been set for February 13 to confirm the availability of witnesses and evidence.
Avery has been ordered to remain in custody until the trial begins.
The case has drawn public attention due to the extreme violence of the alleged home invasion and the fatal consequences that unfolded during what investigators believe was a robbery attempt.
Community members in Kingscliff expressed shock over the incident, describing the quiet coastal town as typically peaceful and close-knit.
Meanwhile, legal observers note that the issue of self-defence is likely to be central in the trial. Under NSW law, individuals are permitted to use reasonable force to protect themselves in their own homes, especially when threatened with deadly weapons.
If convicted of causing grievous bodily harm with intent, Avery faces a maximum penalty of up to 25 years in prison.
The upcoming trial is expected to include forensic evidence, witness testimonies, and statements from medical professionals involved in treating Kerr’s injuries.
As the legal proceedings continue, the incident remains a stark reminder of the risks posed by violent home invasions and the potential for victims to defend themselves with lethal force when threatened.
