Man­slaugh­ter sen­tence ap­peal still wait­ing on court’s de­ci­sion

Isis Town and Country - - Kolan News -

A MAN sen­tenced to jail for man­slaugh­ter af­ter killing his friend on New Year’s Day in 2012 is ap­peal­ing to Queens­land’s high­est court be­cause he says his sen­tence was ex­ces­sive.

Ron­ald Peter McCusker was sen­tenced to six years and three months’ jail in March this year af­ter plead­ing guilty to man­slaugh­ter at the Supreme Court in Bund­aberg.

His pa­role el­i­gi­bil­ity date was set for April 2017.

It is be­lieved he and John Dou­glas Dive, 63, had been friends for about 20 years.

They had been drink­ing at a prop­erty near Gin Gin, west of Bund­aberg, when McCusker pushed or punched Mr Dive in the head at least once.

At one point it is be­lieved McCusker grabbed Mr Dive by the neck and made a fist but the vic­tim be­came a dead weight in his hand.

The Court of Ap­peal in Bris­bane heard McCusker was ap­peal­ing his sen­tence, say­ing it was ex­ces­sive.

He is also ap­peal­ing a sec­tion of his sen­tenc­ing when the judge took into ac­count time he had al­ready served in jail.

Pros­e­cu­tor Michael Byrne told the Court of Ap­peal in Bris­bane on Tues­day that McCusker was sen­tenced within the le­gal range.

He also said courts were not about math­e­mat­i­cal ex­er­cises.

The Court of Ap­peal has re­served its de­ci­sion.

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