Manslaughter sentence appeal still waiting on court’s decision
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.