Teenager admits unlawful violence in attack which led to death of Richard Day
- Credit: Supplied by family
A teenager who was cleared last week of unlawfully killing a man outside an Ipswich takeaway has admitted using or threatening unlawful violence during the incident.
The 17-year-old boy had denied the manslaughter of 45-year-old Richard Day and was acquitted along with a 16-year-old co-defendant by a jury last week after a month long trial.
The defendants had also denied an offence of violent disorder and the jury was discharged after jurors were unable to reach a majority verdict.
On Monday (September 7) the teenagers returned to court and the 17-year old, who accepts kicking Mr Day during the incident, pleaded guilty to violent disorder.
He will be sentenced on Friday (September 11).
The 16-year-old defendant will face a retrial on the charge of violent disorder on a date to be fixed.
During the trial, the court heard that a third teenager, aged 17, had admitted manslaughter.
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None of the defendants can be named because of their age.
Mr Day was pronounced dead 36 hours after the incident outside Kebapizza, in St Matthew’s Street, where he was found laying on the ground just after midnight on Sunday, February 23.
Mr Day died due to blunt force trauma from one fatal blow, according to pathologist Nathaniel Cary, who told jurors the first blow – a punch – was followed by a kick and three successive fist blows, then a kick and another kick or stamp.
Prosecutors alleged Mr Day was “set upon” by the boys following a confrontation.
The 17-year-old boy gave evidence during the trial, claiming Mr Day had sworn and acted aggressively before walking “decisively” towards one of his friends.
The boy argued he had “spontaneously” decided to try to split Mr Day and his friend up.
He denied punching Mr Day, claiming that when he was seen on CCTV kicking his lower back, he had not intended to hurt him.
The 16-year-old defendant chose not to give evidence during the trial.