Kieren Damien Murphy sentenced for smashing wine bottle over roommate’s head at North Ward unit
A roommate who smashed a wine bottle over a man’s head during an argument that left the victim with permanent injuries has been sentenced. Here’s how the feud unfolded.
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An argument that broke out between two men resulted in one smashing a wine bottle over the head of the other, leaving him permanently injured with the victim taking the stand to reveal the traumatising consequences of the assault.
Kieren Damien Murphy appeared in Townsville District Court on Thursday morning, wearing a high-vis shirt as he stood in the dock.
Crown prosecutor Patrick Newman told the court that on May 21 last year 30-year-old Murphy was arguing with his roommate at their North Ward apartment before the roommate threw a beer can at him.
Murphy responded by arming himself with a wine bottle and smashing it over the 39-year-old’s head which caused two 3cm long, 4mm to 5mm deep cuts on the back of his head.
Mr Newman said it was unclear what the pair had been fighting over to begin with.
Photos of the man’s injuries were shown to the court, and the victim who was present sitting at the back of the courtroom was visibly distressed.
He took to the stand to provide details on how the assault has impacted his life permanently.
“I now have permanent scars on the back of my head that will be with me now for the rest of my life,” he said to the court.
“I took Murphy into my home when he was homeless and made sure there was a roof over his head.
“I now live as far away from Townsville as possible.”
He said he no longer felt safe living in North Ward and had difficulties in trusting people other than his family.
Murphy who sat in the dock while the victim read aloud the statement, sat with his eyes shut the entire time, until the victim returned to his seat.
Defence barrister Tom Hancock instructed by Rennick Lawyers said his client’s actions could be described as a “gross response” to “provocative conduct”.
“It was entirely spur of the moment there was no planning or premeditation,” he said.
“He grabbed a wine bottle after a beer can was thrown at him.”
Mr Hancock said his client who had no criminal history had grown up on the Gold Coast and was employed at the casino until losing his job due to Covid-19.
“He’s unlikely to commit another offence,” his lawyer said.
Judge Gregory Lynham agreed with the man’s lawyer and labelled the offending as a “grossly disproportionate response” but said he had to sentence the man as a first-time offender.
“Even if you took offence to him throwing a can of beer at you, you simply don’t pick up a bottle and smash someone in the back of the head,” His Honour said.
Murphy pleaded guilty to wounding.
He was sentenced to two years and three months jail and given an immediate parole release date, as His Honour declared the 289 days spent in pre-sentence custody as time already served.
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Originally published as Kieren Damien Murphy sentenced for smashing wine bottle over roommate’s head at North Ward unit
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