The now-21-year-old was charged with manslaughter in the ACT Children’s Court on Thursday. Photo: Michelle Kroll.
A then-16-year-old boy accused of assaulting a man during a fight in 2020, which allegedly caused injuries that resulted in the man’s death, has been refused bail.
On 12 April 2020, a fight broke out during a gathering at a home in Banks, during which a 46-year-old man was violently assaulted, police alleged this week.
The man refused continuing medical treatment and police involvement but then called an ambulance on 25 April 2020 before going into cardiac arrest.
Despite the efforts of paramedics, he was declared deceased at the scene.
A post-mortem indicated his death was a result of blunt force trauma, but at the end of an initial investigation, it was determined not to proceed with charges.
Police began reinvestigating the matter after a review in 2024, then raided a home in the ACT on Thursday (30 January) before arresting a 21-year-old man.
As he was 16 at the time of the man’s death and so legally cannot be identified, he faced the ACT Children’s Court on Thursday afternoon, where he was charged with manslaughter and unlawful possession of a firearm.
The court heard he had allegedly made several comments about the incident.
“So I f-ing punched him in the jaw. I went right, left and knocked him out cold,” he allegedly said.
“Then [another person] started kicking him in the head and sh-t.”
In another alleged comment, he said, “I don’t give a f-k if he dies or not, I just don’t want to get in trouble”.
The prosecutor alleged this last comment was very telling about his attitude to violence.
Special Magistrate Lucinda Wilson said the comment was indicative of a 16-year-old boy’s approach to violence, but he was now 21.
The court also heard there was a co-accused who hadn’t been arrested yet, but the 21-year-old said they “haven’t spoken in years”.
“Ever since the incident, I haven’t spoken to him,” he said.
The 21-year-old’s lawyer, Andrew Byrnes of Andrew Byrnes Law Group, applied for bail, but the prosecution opposed it.
Special Magistrate Wilson accepted Mr Byrnes’ submission that the prosecution could have issues with causation when trying to prove the manslaughter charge.
She said if the man had sought medical attention, he might have remained alive.
However, the court also heard it alleged that police found a prohibited gel blaster in the 21-year-old’s bedroom on Thursday.
He allegedly said he’d been given the gel blaster as a birthday present.
“Had I only been considering the manslaughter charge … it is highly likely that I would have granted [him] bail today,” Special Magistrate Wilson said.
The possession of a firearm “is not a trivial offence”, she said. She thought the risk to the community was too great and refused bail.
The matter was adjourned to April. The 21-year-old, who started crying when he heard he would be refused bail, has entered a not-guilty plea.
He will apply for bail again in February.
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