Dowling and Blazley found guilty on GBH charges over fatal pub brawl
EMOTIONAL victim impact statements relating to the death of a man in a Launceston pub brawl were irrelevant to the sentencing process, the Supreme Court in Launceston has heard.
Defence counsel Greg Richardson’s submission came after his client Mitchell Clay Dowling, 44 and brother Jay David Blazely, 40, were found guilty of several counts in relation to a July 2013 brawl at the Mowbray Hotel.
Hotel patron Tony Brown died the next day.
The jury found Dowling and Blazely guilty of committing an unlawful act intended to cause grievous bodily harm to Mr Brown and as well, in Blazely’s case, the Criminal Code assault of Mr Brown.
Blazely was found guilty of assaulting Grant Thomas and Dowling of assaulting Derryn Thomas and both were not guilty of assaulting Jesse Thomas.
He said Dowling had struck Mr Brown after the main episode was over when Mr Brown was no threat to him.
Mr Ransom said Dowling would have been aware that Mr Brown had been unconscious on the floor near an eight ball table shortly before.
He said that forensic pathologist Donald Ritchey had determined that Mr Brown died from a damage to an artery at the back of the head which caused a haemorrhage.
“Dr Ritchey’s opinion was that the blow inflicted by Mr Blazely could have caused death irrespective of what occurred to Mr Brown when hit by Mr Dowling,” he said.
“Equally he was of the view that the injury could have been caused by Mr Dowling at the end or it could have been as a result of a combination of the two.”
“The men can’t be sentenced on the basis of causing Mr Brown’s death.’’
Mr Ransom submitted a sentencing range of three to seven years jail.
Both accused were originally charged with murder by police but the charges were downgraded.
Mr Richardson said Brown family statements did not relate to any charges Mr Dowling had been found guilty of.
“This relates to the effect of loss through death and is not relevant to this process,’’ he said.
Mr Richardson said family claims that Dowling had not felt remorse were strongly refuted.
Blazely’s counsel Alan Hensley said his client felt awful about Mr Brown’s death.
Mr Brown’s mother Sandra told Justice Robert Pearce that her son was brutally killed.
“I never got a chance to say goodbye. On July 18, 2013 I held Tony’s hand and said ‘I love you’ and there was no response,” she said.
She said at the funeral her son’s coffin had been decorated like a Richmond guernsey.
‘We put a lot of music on and Richmond outfits and did a Gangnam style dance for the last time,” she said.
Justice Pearce will sentence on July 16.
Source: The Mercury, Nick Clark, July 8th 2015
