Johnny William Walters jailed for manslaughter of frail friend John McLellan at Gilberton

An intoxicated man who set upon his frail, older friend at a Gilberton apartment block over a bottle of whisky has learned the penalty for the crime.

A man who beat his frail friend to death over a bottle of whisky has been jailed for the violent, drunken attack.

Johnny William Walters, 49, had been drinking with his friend of 30 years, John McLellan, at a James St, Gilberton, housing estate on May 23, 2020.

The pair had travelled into Adelaide’s CBD by taxi and had been drinking before travelling separately home later in the day.

In sentencing, Supreme Court Justice Laura Stein said Mr McLellan – a frail man with emphysema who used a walking stick – was “significantly intoxicated” when he became angry when he discovered Walters had been drinking from his bottle of booze.

“Mr McLellan yelled at you, waving his walking stick and took off his jacket,” she said.

She said Walters had also become angry and despite the efforts of a witness trying to calm the men, Walters punched Mr McLellan multiple times over a number of hours.

An image of John McLellan (back seat) and Johnny William Walters (front seat) in a taxi on May 23, 2020. Picture: Supreme Court.

Mr McLellan, 63, suffered injuries including a fractured cheek bone, brain injuries and bruising to the face, head and chest, but no single injury could be “regarded as responsible for death”.

Justice Stein said that at the time of the incident Walters was under the influence of alcohol and methamphetamine, while Mr McLellan had alcohol and illicit drugs including heroin in his system.

Walters was found guilty after a trial by judge alone of a charge of manslaughter by unlawful and dangerous act, which carries a maximum penalty of life imprisonment.

At trial, prosecutor Patrick Hill told the court Mr McLellan had suffered up to 40 blows to his head and body over about three hours.

He said the heroin in his system “must have dulled the pain of the blows causing him to talk back when he was in no position to fight back”.

A resident of the housing estate had told the court Mr McLellan had goaded Walters into beating him.

Justice Stein said Walters had “profound regret, had apologised to the court, community and Mr McLellan’s family and was visibly distressed in his interview with police after the incident.

“I recognise the lack of intent to kill or grievous bodily harm and that you are remorseful,” she said.

She said Walters had endured an “unfortunate” life, never having had a stable job, relationship or family support. She said he had been the victim of assaults and a stabbing and was burnt trying to save a friend from a house fire in 2005.

She said Walters had a “significant” criminal history including more than 30 prior convictions and had spent about 15 of the past 20 years in custody.

Justice Stein said that regardless of Mr McLellan’s frailty and actions, and the pair’s intoxication Walters conduct was “serious with all the risks inherent in the delivery of at least multiple punches to the head which risks include the risks of death”.

She said she must impose a sentence to deter others from drunken violence and set a head sentence of almost nine years and three months, including time for a breached bond.

She set a non-parole period of just under seven years.