Judge to rule on ‘coward punch’ attack at Farmers Arms Hotel

A determination will soon be made as to whether a violent act that killed Creswick man David Blake is classified as a 'coward punch'. 

The judge will make the determination when sentencing the accused, Shane Lucas who attacked the victim at the Farmers Arms Hotel.

In order for the mandatory minimum non-parole period of 10 years to apply, it will need to be proven beyond reasonable doubt by the prosecution that the offence meets all criteria under the coward punch legislation. 

Crown prosecutor Justin Lewis said victim Mr Blake was oblivious to the fact that he was about to be hit when Shane Lucas struck him three times in the head which caused his death. 

The two men were observed drinking heavily at the Farmers Arms Hotel at Creswick, but were interacting in a friendly manner throughout the evening and it is unknown why Lucas became so angry whilst the pair was having a discussion outside the hotel. 

Justice Croucher said the CCTV footage showed Lucas turn rapidly from happy to angry and he said there was no obvious lead up to the punch and it seemed to come from ‘nowhere’.

Defence barrister Samuel Tovey said Lucas did not realise his actions would be fatal and that Lucas was remorseful and had a reasonable prospect of rehabilitation.

42 year old Lucas pleaded guilty in December to the manslaughter of 40-year-old Mr Blake.

He will return to court for sentencing in February and remains in custody.

Irit Jackson, 21^st January 2021