Bryson Larsen-Tai and Tyrese Hickling to be sentenced for roles in fatal assault

A court has heard of the “intense grief” caused by a fatal attack as two men involved wait to receive their sentences.

Jesse Vilkelis-Curas, 24, died in hospital after a brawl outside a pub in Ballina. Picture: Facebook

Loved ones of Jesse Vilkelis-Curas have told a court of their heartbreak over the Ballina assault that led to his death in 2019.

Mr Vilkelis-Curas was fatally assaulted during a fight in East Ballina days before Christmas in 2019.

A sentencing hearing was held for two men involved in the circumstances.

Bryson Larsen-Tai, 19, has pleaded guilty to manslaughter for laying the fatal blow that led to Mr Vilkelis-Curas’ death in hospital on Boxing Day.

Tyrese Hickling, 20, meanwhile pleaded guilty to affray and assault occasioning actual bodily harm.

Mr Vilkelis-Curas’ partner, Jemma Fowler, prepared a victim impact statement which was read to Lismore District Court by a support person on Thursday.

More than 200 people farewelled 24-year-old Jesse Marijonas Vilkelis-Curas after his death.

She recalled the “four long heart-wrenching days” sitting by his side in hospital before his death.

“I went home to a place that would never feel like home again without Jesse,” she said.

“This is a void in my heart and my soul that will never be filled.

“My life has changed forever physically, mentally and emotionally.”

To his attacker, she said no penalty could make up for her loss.

“Whatever the sentence may be … I have a life sentence of loss and grief and your time in prison will never compare,” she said.

A memorial for Jesse Vilkelis-Curas, 24 at Shaws Bay, Ballina.

“All I ask is that you become a better person throughout this process and when you finish your sentence you live your life to the fullest because Jesse can no longer.

“With that being said, I can never forgive you.”

Mr Vilkelis-Curas’ mother, Kristina Vilkelis-Curas, was visibly distressed as she spoke of her family’s “intense grief”.

“Jesse’s death has blanketed me in a darkness and loneliness that I wouldn’t wish upon anyone,” she said.

“There will never be a single moment in life I won’t be missing my beautiful boy and the life he should be living.”

Tyrese Hickling is awaiting his sentence for his part in the assault.

The incident

The court heard the Shaws Bay fight came after a dispute at a nearby pub.

The court heard Jeral Milner – previously convicted of assault offences and affray – pushed Mr Vilkelis-Curas after punching his brother in the vicinity of the pub.

“At this point (Larsen-Tai) removed his shirt, obviously prepared to fight, but security intervened,” Crown prosecutor Brendan Campbell said.

Larsen-Tai’s group was ejected from the pub and the Vilkelis-Curas brothers were held back for some time to give them time to disperse.

But the two groups collided again outside.

“In my submission … some of that group were spoiling for a confrontation and that’s precisely what happened,” Mr Campbell said.

The court heard Larsen-Tai struck Mr Vilkelis-Curas to the side of the head while he wasn’t looking.

This, Mr Campbell said, caused his fatal injury.

He then stole Mr Vilkelis-Curas’ phone, but this was later abandoned.

The court heard Hickling stomped on the victim’s body while he was lying unconscious in a gutter.

“To stomp an unconscious person on the ground, in my submission, is repugnant,” Mr Campbell said.

Emergency services were called to the scene at Hill and Park Streets at 8pm on December 23, 2019.

Mr Vilkelis-Curas was taken to Gold Coast University Hospital, where he died on Boxing Day.

Another man, Heath Lynden Cooper, was also convicted of involvement by way of affray, property damage and failing to leave a licenced premises when required.

More than 200 people farewelled Jesse at his memorial.

Defence submissions

Defence barrister for Larsen-Tai, Jason Watts, argued it was “incorrect” for the prosecution to suggest the Vilkelis-Curas brothers were “trying to calm the situation down”.

He did acknowledge the victim was “walking backwards” and was “not in a fighting pose” at a significant moment prior to the fatal strike.

This was based on mobile phone footage of the incident played to the court.

The court heard Hickling, arrested over his involvement in the Ballina incident in February 2020, was later released on bail for just three months before being involved in another assault in Lismore.

During that incident, he kicked the victim, being assaulted by a group, three times while he was on the ground.

Hickling’s defence barrister Simon Apps stressed his client was “not a part of either of the original groups who were at loggerheads”.

He argued Hickling’s involvement was “spontaneous” and said his client’s actions, if isolated, did not cause substantial harm.
The court heard Hickling later told police: “I feel like shit now” and “I feel bad for stomping on his gut … I don’t remember jumping up”.

The court heard at the time of the Ballina incident, Larsen-Tai was on parole for a reckless wounding offence during which he stabbed his victim in the back.

The defence for both men raised subjective issues such as difficulties in their upbringing, exposure to violence and mental health challenges, as factors that may mitigate their offending.

Judge Warwick Hunt acknowledged in particular the impact of domestic violence on many offenders.

“Both of these cases … demonstrate why domestic violence is such a prevalent and odious problem in our community because those who experience it when they’re growing up in that environment – not inevitably but often – end up acting in the way these two offenders have,” he said.

“It’s a terrible cycle.”

Judge Hunt is expected to hand down sentences for Larsen-Tai and Hickling on November 12.