A Deer Park man has avoided a jail sentence after twice facing manslaughter charges for a single punch incident that led to the death of another man.
On January 10, 2015, David Majok punched Kuach Deng as they were crossing Furlong Road, St Albans, causing Mr Deng to fall to the ground.
Majok reached the other side of the road before turning around to assist Mr Deng, but before he could reach him, Mr Deng was struck by a car and killed. The car driver was unaware what had happened until he was flagged down nearly three kilometres from the incident by Majok and some friends.
Earlier in the night, Majok had ejected an intoxicated Mr Deng from his sister’s flat, where it is believed he had been behaving violently and inappropriately towards the woman.
Majok was on bail for another affray that happened in late 2013 at the time of the offence.
Majok was initially charged with manslaughter, to which he plead not guilty, and first faced court in February last year.
But juries were twice discharged after only a few days of evidence, and the matter was listed for a third trial in October 2016.
Following a plea hearing in September last year, Majok was charged with reckless conduct endangering life, to which he pleaded guilty.
Due to the charge being revised, the subsequent death of Mr Deng was not taken into account in determining sentencing, only the punch itself and the danger that posed.
Judge Michael Croucher said there was no precedent case to reference in sentencing Majok, with charges of this type typically involving firearms or motor vehicles, not fists.
Judge Croucher imposed an 18-month community corrections order on Majok, as well as ordering him to complete 100 hours of unpaid community work in the next nine months.
He must also undergo mental health assessment and treatment, and rehabilitation.
Judge Croucher said a jail term would most likely do more harm than good.
“It seems … he is at a critical stage of his life,” Judge Croucher said. “I think a CCO will give him a better chance of ultimate reform.”
