Man found guilty of fatal one-punch attack outside Queensland tavern
L'essentiel
- A 23-year-old man, Declan Jamie Thomas Burton, has been found guilty of unlawfully striking James Andrew Curtis, causing his death.
- The incident occurred in a car park outside the Lamington Hotel in Maryborough, Queensland, in November 2023.
- Curtis died two weeks later in hospital.
Résumé généré par IA
Pourquoi c'est important
Declan Jamie Thomas Burton was accused of punching James Andrew Curtis in a car park outside the Lamington Hotel in Maryborough, leading to Mr. Curtis's death two weeks later. Burton pleaded not guilty to unlawful striking causing death.
A Tinana man has been found guilty of a fatal one-punch attack outside a regional Queensland tavern.
Declan Jamie Thomas Burton had pleaded not guilty to one count of unlawful striking causing death at the Supreme Court in Maryborough.
The 23-year-old was accused of punching James Andrew Curtis on the side of the head in a car park outside the Lamington Hotel in Maryborough, about 250 kilometres north of Brisbane, in November 2023.
Mr Curtis died in a Brisbane hospital two weeks later.
The jury deliberated the case for about four hours before delivering the verdict at the Supreme Court in Maryborough on Monday.
A loud gasp followed by quiet sobs came from one of Mr Curtis's loved ones in the gallery when the jury shared the guilty plea.
Mr Burton did not show any emotion when the guilty verdict was delivered.
Justice Peter Davis has scheduled the sentencing for July 20 at the Supreme Court in Brisbane.
Victim 'no threat' to defendant, court hears
Crown prosecutor Stephen Muir said the men had been drinking separately with their friends when Mr Curtis walked over to Mr Burton and his former girlfriend, Emma Pavey, to inquire whether Mr Burton wanted to join their game of pool.
CCTV footage played to the court showed Mr Burton throwing a pool cue down on the table after being asked to play and then walking outside. Mr Curtis followed Mr Burton.
"Mr Curtis could have let go, could have given Mr Burton a pass for the juvenile misbehaviour," Mr Muir said.
"Unfortunately, he made the decision to take it up with Mr Burton."
Mr Muir said the men were talking to each other before Mr Burton "sets upon" Mr Curtis in their first altercation.
The security video played to the court showed Ms Pavey and Mr Burton's friend Tyler Payne intervened to separate the two men.
Mr Muir said Mr Curtis reported the assault to the bar's duty manager, Riley Roos, and other bar patrons.
"Mr Curtis was no threat to Mr Burton or anyone else," Mr Muir said.
The court was told that Mr Burton came back over to Mr Curtis "at some speed" to deliver the fatal blow.
Self-defence argument
Defence barrister Anthony Kimmins said Mr Curtis had delivered a "barrage of vitriol" towards Mr Burton and Ms Pavey.
The court heard Mr Burton's interview with police, where he said Mr Curtis threw a punch that did not connect during their first scuffle.
Mr Kimmins said Mr Curtis continued to make verbal threats after they had been separated, which left Mr Burton concerned for the safety of himself and Ms Pavey.
"It seems at no stage did he back down from wanting to fight Declan," Mr Kimmins said.
The court heard Mr Burton told detectives Mr Curtis had threatened him: [James Curtis] was going to knock me out, so it was either me or him on the ground."
In his closing submission, Justice Peter Davis said the jury must consider whether the strike was "authorised, justified or excused by law."
Questions ouvertes
- What led to the initial verbal altercation?
- What was the exact nature of the 'barrage of vitriol'?
- Will Burton appeal the verdict?
