Trial judge erred in jury directions: barrister
BOTH sides of an appeal involving a prominent Bribie Island manslaughter case involving a promising rugby league player have challenged the One Punch Can Kill campaign.
Wally James Hung hopes the prosecution's use of the phrase during his trial for king-hitting former Brisbane Broncos junior Todd Parnell could help overturn his conviction.
Hung, who is behind bars at the Woodford Correctional Centre, was sentenced to six years and 10 months in jail, with parole eligibility in September 2015, when he was found guilty in April.
Hung threw the punch about 2.30am on July 26, 2009, at the Warrigals' clubhouse at Bongaree after a home game to celebrate 21st birthdays.
Parnell suffered irreparable brain damage and died the next day.
His barrister John McInnes argued in the Court of Appeal on Wednesday that the trial judge had erred in jury directions relating to self-defence and accident.
He argued the judge misdirected the jury by allowing Hung's "subjective knowledge that one punch can kill to be considered without giving sufficient guidance as to its proper use".
"Accepting the jury was entitled to take into account the accused's subjective knowledge of the One Punch Can Kill campaign, my submission is that required a more careful explanation to ensure it wasn't misused," he said.
"One Punch Can Kill sounds very like it is foreseeable that a punch can result in death
"As the courts well know, and as the medical evidence in this case confirms, it's really quite unusual for one punch to kill.
"One punch can kill but usually doesn't.
"But here they've been told they can take into account the slogan One Punch Can Kill ... or (Hung's) knowledge of that slogan as a factor in his foreseeability of death."
Prosecutor Ben Power said the one punch campaign was relevant to the jury's considerations.
He said Hung claimed he was reacting to a punch Parnell delivered to Hung's friend and was concerned about a punch being thrown at him.
Mr Power said Hung claimed he blocked a punch from Parnell and admitted he put his weight behind the hit he delivered.
He said a jury applying their "ordinary experience of common sense would be aware that one punch could kill but in most circumstances it would not".
Mr McInnes also questioned whether the jury should have been allowed to consider the force used in relation to external factors such as the concrete floor Parnell was standing on or his intoxication.
He said if the punch had been thrown on the edge of a cliff, then death would be foreseeable, but seeing death as a probable consequence of punching someone standing on a concrete floor was different.
Three Court of Appeal justices have reserved their decision.