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Bail granted for Joel Smith after striking causing death charge

The father accused of landing a fatal punch on Murrumba Downs man Luke Kenworthy in a Caboolture pub last week has returned to court.

Australia's Court System

The man accused of throwing the punch that killed a Murrumba Downs dad at a Caboolture hotel last week will be reunited with his family.

Barrister Doug Wilson, instructed by Jurgensen and Horne solicitor Kristie Horne, appeared in Caboolture Magistrates Court this morning for Joel Michael James Smith, 29, who is charged with one count of unlawful striking causing death.

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Mr Smith, a father of one, is accused of throwing one punch at Mr Kenworthy which ultimately led to Mr Kenworthy’s death at the Sundowner Tavern last Wednesday night, November 18.

The court heard an altercation broke out between the pair which allegedly resulted in one punch being thrown by Mr Smith.

Luke Kenworthy died at the Sundowner Hotel, allegedly after being hit by Joel Michael James Smith.
Luke Kenworthy died at the Sundowner Hotel, allegedly after being hit by Joel Michael James Smith.

Mr Wilson told the court the altercation was not a “protracted” fight, and his client did not use a weapon.

He also said Mr Smith was facing a minimum mandatory sentence of 15 years jail or 80 per cent of the imprisonment period imposed if convicted.

The court also heard the fatal fight was caught on CCTV which prosecution — opposing bail — said suggested a strong crown argument for a “classic case” involving alcohol and violence.

The scene of an alleged one punch attack at the Sundowner Hotel at Caboolture.
The scene of an alleged one punch attack at the Sundowner Hotel at Caboolture.

“This is a strong suggestion he will spend considerable time in custody,” the prosecution said.

Magistrate James Blanch heard Mr Smith, who had a minor criminal history, was a long-term resident of Caboolture and had a seven-year-old daughter.

The court also heard Mr Smith did not have a passport, reducing his risk of flight while on bail.

Magistrate Blanch described Mr Smith’s charge as a “serious offence” but granted Mr Smith bail with strict requirements which included reporting to Caboolture police five days a week and not consuming any alcohol.

Mr Smith will also be subject to random alcohol testing by police.

The matter was adjourned until January 20, 2021.

Original URL: https://www.couriermail.com.au/questnews/moreton/bail-granted-for-joel-smith-after-striking-causing-death-charge/news-story/9e37871ad631c9f6180cb2a89229ba51