A major police investigation is underway following a violent altercation in Surfers Paradise that resulted in a father and son being stabbed and another son shot after an early morning noise dispute between neighbours.

Incident Overview

Emergency services were called to a unit complex on Peninsular Drive at approximately 2:00 am. Upon arrival, they discovered a 44-year-old man with stab wounds to his leg, neck, and head. His 21-year-old son had sustained two gunshot wounds to the stomach, while another son, 23, suffered minor cuts.

Reports indicate that the confrontation began when the father asked his upstairs neighbours to keep the noise down. Security footage allegedly captures the moment when 30-year-old Mitchell Barnes fired a warning shot from the back deck, triggering the violent altercation.

Barnes allegedly fled the scene in a white Mazda hatchback before transferring to a black Toyota Camry with New South Wales number plates. Police later recovered a revolver and a knife, described as a keyring-style weapon, at the scene. A motorcycle was also seized for forensic examination.

Detective Inspector Mark Mooney confirmed the ongoing search for the suspect, stating, “We believe he may still be armed and urge anyone with information to come forward.” The father remains in critical but stable condition, while the gunshot victim is stable at Gold Coast University Hospital.

Legal Implications

The alleged offences in this incident may attract serious criminal charges under Queensland law, including:

  1. Grievous Bodily Harm (GBH) – Section 320 of the Criminal Code Act 1899 (Qld):
    • Causing GBH carries a maximum penalty of 14 years’ imprisonment.
  2. Acts Intended to Cause Grievous Bodily Harm and Other Malicious Acts – Section 317:
    • If the shooting or stabbing was intentional and with intent to cause harm, the offender may face a life sentence.
  3. Unlawful Possession of a Firearm – Weapons Act 1990 (Qld):
    • Possessing or discharging a firearm in a public place carries significant penalties, including up to 7 years’ imprisonment.
  4. Assault Occasioning Bodily Harm – Section 339 of the Criminal Code:
    • If the victims sustained bodily harm due to the attack, the offender could face up to 10 years in prison.
  5. Wounding – Section 323:
    • Stabbing someone with the intent to cause injury is a serious offence carrying up to 7 years’ imprisonment.
  6. Attempted Murder – Section 306:
    • If there is evidence that the suspect intended to kill, the offence could carry a life sentence.

Our team are experts in criminal and domestic violence law. Our role is to sit down with you and work out the strategy that will get you the best possible result. If you have any questions about this article or any other topic of law, please call our team of experts on 1300 066 669.