Carnival killer who stomped workmate’s skull claims sentence ‘excessive’

A Mareeba show worker who fatally punched, kicked and stomped a workmate’s head over a drunken threat towards his girlfriend has been refused leave to appeal his nine-year sentence.

Tasmanian man Kyam Keith Broadby was found guilty of manslaughter at a trial in 2022. Picture: Facebook

A Mareeba show worker who fatally punched, kicked and stomped a workmate’s head over a drunken hammer threat towards his girlfriend has attempted to appeal his sentence in a bid for earlier parole release.

Kyam Keith Broadby was found not guilty of murdering Mareeba show worker Nathaniel Wailu after a nine-day trial at Cairns Supreme Court in November, 2022.

The jury found him guilty, however, of manslaughter and he was convicted and sentenced to nine years in jail.

Following a judgment published this week, it can be revealed Broadby applied for leave to appeal – claiming the sentence, which states he must serve over seven years before becoming eligible for parole, was “manifestly excessive”.

The jury had been told throughout the trial how Mr Wailu sustained fractures to his neck after being assaulted by his co-worker and “friend” Broadby on July 10, 2019.

During the trial the court heard Mr Wailu had been drinking in excess at a party on the night he was killed.

At the party Mr Wailu was punched following a confrontation after he headbutted a female show worker. Justice Peter Flanagan noted in the recent Supreme Court documents that this did not contribute to his death.

Justice Flanagan stated Mr Wailu was later holding a hammer when he was either pulled out or fell out of his truck.

Broadby, 23 at the time, was one of a group of individuals who approached Mr Wailu as he started swinging the hammer around – threatening to hit Broadby's BMW and moving towards Broadby’s then-girlfriend.

Justice Flanagan said Broadby then punched Mr Wailu, who swung the hammer towards him.

“The applicant (Broadby) took off his shirt, picked up a hammer and told the deceased he would kill him,” Justice Flanagan said.

He said Mr Wailu lowered his hammer and tried to flee but Broadby chased after him yelling, “Keep away from my f — king woman”, punching and kicking him, before stomping on his head.

Justice Flanagan said Broadby’s “short but ferocious” assault resulted in Mr Wailu’s facial structure becoming disconnected from his skull and contributed to him going into cardiac arrest.

Show worker Nathaniel Wailu died in hospital six days after an assault in Mareeba. Picture: Facebook

Mr Wailu – who was mourned by his family as a beloved son, nephew, brother and uncle – died six days later in hospital.

In sentencing Broadby back in 2022, Justice Sue Brown found that his blows substantially caused or significantly contributed to Mr Wailu’s death – but accepted he did not intend to inflict grievous bodily harm or death.

She accepted Broadby had been provoked by Mr Wailu and had “sought to teach him a lesson”, but also noted that Mr Wailu had attempted to escape and Broadby had chased after him.

She further emphasised that Broadby had been sober, while Mr Wailu was so drunk he had had trouble walking.

Justice Brown declared the manslaughter a serious violence offence – meaning Broadby would be required to serve 80 per cent of his sentence in actual custody before being eligible for parole.

Broadby applied for leave to appeal that serious violent offence declaration, claiming it was manifestly excessive.

Reviewing his application, Justice Flanagan noted Justice Brown had taken into account Broadby’s relatively young age and difficulties with anger management – balanced with his prior assault convictions and issues with drug use.

He concluded that the sentence was not manifestly excessive, considering the nature of the “ferocious assault” and Broadby’s pursuit of Mr Wailu in the lead-up to it.

Justice Flanagan found that the nine-year-sentence and serious violent offence declaration was “well within range” and refused Broadby leave to appeal.