Teenagers found not guilty of unlawfully killing man outside Ipswich takeaway
PUBLISHED: 15:34 04 September 2020 | UPDATED: 16:45 04 September 2020
Two teenage boys have been cleared of unlawfully killing a man outside an Ipswich takeaway.
A jury returned not guilty manslaughter verdicts for both boys on Friday afternoon.
A majority verdict could not be reached in respect of violent disorder. Members of the jury have been discharged from further deliberations.
Richard Day, 45, 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.
Two boys, aged 17 and 16, from Ipswich, had denied manslaughter and violent disorder throughout the trial at Ipswich Crown Court. A third boy of 16 admitted manslaughter before the trial.
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.
One of the boys 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 jury retired at 2.21pm on Wednesday to consider its verdict.
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