‘Cowardly act’: Court hears how man died day after he was kicked by brother

A man who kicked his younger brother in the face a day before he died has been given a jail sentence with immediate release on parole.

Gregory Jason Krause. Picture: Tara Croser.

A man who kicked his younger brother in the face, causing eye and nose fractures, a day before he died has been given a jail sentence with immediate release on parole.

Gregory Jason Krause, 49, was originally charged with unlawful striking causing death, but that charge was discontinued and he pleaded guilty to assault causing bodily harm.

Justice Martin Burns said the evidence of an eminent ear, nose and throat specialist did not prove that the blow to the head was the substantial cause of Justin Krause’s death.

However, in sentencing Krause, Justice Burns said: “There can be no excuse for kicking someone on the ground. It is a cowardly act.”

The Supreme Court heard Gregory Jason Krause was living at Nanango with Justin, 41, their parents, sister and her daughter, then 14, on February 24, 2020.

After hearing Justin verbally abusing their sister and her daughter, in the family home, Krause told Justin to leave the house and the brothers then were involved in a struggle.

Krause claimed that he was struck in the back of his head, and there was a struggle.

Krause was pulled away from his brother by their father, after he knelt over Justin, putting his hands around his throat, the court heard.

Gregory Jason Krause leaving Brisbane Supreme Court. Picture: Tara Croser.

Justice Burns said while Justin was still on the ground, on his hands and knees, Krause kicked him once in his face, with considerable force.

Justin Krause then went to his room and called police and he was later taken to Kingaroy Base Hospital.

A CT scan the next day revealed Justin had fractures to his nasal bone, nasal septum and right eye socket and a blow out fracture to his eye socket.

His nose and septum had been “considerably deviated” and it took some work by hospital staff to stem the extensive bleeding from Justin’s nose.

Later that day his condition deteriorated, he suffered cardiac arrest and died at 6.18pm.

Justice Burns said Justin had a constellation of medical issues, including a serious drug addiction.

“Tragedy is a word that I think is overused, but it can be applied to the circumstances in this offending,” Justice Burns said.

He said from the moment he heard that his brother had died Krause had been struck with remorse and he had had to live with it since, suffering anxiety and depression.

The medical evidence from the ENT specialist was that the blow he struck to his brother, if anything, could only have been a minor contributor to his death, the judge said.

Justice Burns said the blow was spontaneous, but it was “a gross and unnecessary over-reaction, and a cowardly one”.

On Wednesday, Justice Burns sentenced Krause to two years’ jail, with immediate release on parole, for the domestic violence offence of assault causing bodily harm.

He declared the 259 days Krause had already spent in custody was jail time fully served on the sentence.