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🇦🇺 Australia /Crime & Justice

Court learns how pool game caused deadly pub assault

From ABC Australia · () English

Summarized and contextualized by DistantNews.

At a glance

News Named sources In the courts
  • A dispute over a pool game led to a fatal assault outside a Queensland tavern in November 2023.
  • Declan Jamie Thomas Burton, 23, is accused of unlawfully striking James Andrew Curtis, who later died from his injuries.
  • The court heard conflicting accounts of the altercation, with the defense arguing self-defense due to alleged threats from the victim.

A disagreement over a game of pool escalated into a fatal punch outside a regional Queensland tavern, the Supreme Court in Maryborough heard. Declan Jamie Thomas Burton, 23, has pleaded not guilty to unlawful striking causing death.

Mr Curtis could have let go, could have given Mr Burton a pass for the juvenile misbehaviour. Unfortunately, he made the decision to take it up with Mr Burton.

— Stephen MuirThe Crown prosecutor described the victim's actions leading up to the fatal altercation.

Burton is accused of punching James Andrew Curtis in the car park of the Lamington Hotel in November 2023. Curtis died in a Brisbane hospital two weeks later. The court was told that Curtis had approached Burton and his former girlfriend to ask if Burton wanted to join their pool game. CCTV footage showed Burton throwing down a pool cue and walking outside, followed by Curtis.

Crown prosecutor Stephen Muir stated that Curtis could have de-escalated the situation but chose to confront Burton. Security footage showed an initial altercation, with Burton's friend and former girlfriend intervening. Muir argued that Curtis posed no threat and that Burton returned with speed to deliver the fatal blow.

Mr Curtis was no threat to Mr Burton or anyone else.

— Stephen MuirThe Crown prosecutor argued that the victim posed no danger.

Defense barrister Anthony Kimmins presented a different narrative, stating Curtis had directed a "barrage of vitriol" at Burton and his former girlfriend. Kimmins highlighted Burton's police interview, where he claimed Curtis threw a punch that missed during their first scuffle and continued to make verbal threats. Burton reportedly told detectives, "He was going to knock me out, so it was either me or him on the ground."

It seems at no stage did he back down from wanting to fight Declan.

— Anthony KimminsThe defense barrister described the victim's persistent aggression.

Justice Peter Davis instructed the jury to consider whether the strike was legally authorized, justified, or excused. The jury has retired to deliberate on the verdict.

[James Curtis] was going to knock me out, so it was either me or him on the ground.

— Declan BurtonThe accused recounted the victim's alleged threat during his police interview.
DistantNews Editorial

Originally published by ABC Australia. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.

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