Breaking: Men walk free over Ballina River St fatal assault
38-year-old Iluka man Aaron Marks was visiting Ballina in 2018 when a punch changed his friends’ and family’s lives forever. Now the two men charged with the fatal assault have faced their day in court:
Police & Courts
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One man has walked free and another is eligible for release over a fatal assault in Ballina as a Lismore judge dictated their fate.
Bradley Presbury, 23 and Justin Anderson, 26, were sentenced for assault occasioning death and assault occasioning actual bodily harm on Thursday, June in Lismore District Court for an event resulting in the 2018 death of Iluka man Aaron Marks.
The court heard Mr Marks, previously from the Sunshine Coast, had been visiting Ballina when the attack arose from a failed drug deal on May 12, 2018.
When Presbury failed to provide Mr Marks with $150 worth of pingers, Mr Marks asked to meet up to have his money returned.
While Presbury met with Marks on River St, along with co-accused Anderson and another friend, after handing Mr Marks back his cash, Presbury dealt an “unprovoked” punch towards the Iluka man.
Believing Mr Marks was attacking Presbury, Anderson pushed Mr Marks and the intoxicated Mr Marks fell onto the hard concrete.
Within minutes, the back of his head began to bleed.
Mr Marks was later found in the early hours of May 13 by a resident who found him in a pool of his own blood and barely breathing.
The 38-year-old was taken to Gold Coast University Hospital but tragically he died three days later.
Presbury and Anderson had previously pleaded not guilty to manslaughter prior to heading to trial in March but changing their pleas day out from the trial.
On Thursday, Anderson pleaded guilty to assault occasioning death.
Meanwhile, Presbury pleaded guilty to assault occasioning actual bodily harm, as well as supplying a small quantity of a prohibited drug and perverting the course of justice.
During their sentencing, Presbury appeared in person while Anderson appeared via Clarence Correctional Facility videolink.
The court heard material from Wendy Marks, Aaron's mother, and psychological assessments for the two men.
Judge Jeffrey McLennan condemned the two men for their actions and for leaving the body of Mr Marks.
“An aspect in the tragedy of all this is that neither Mr Presbury or Mr Anderson had the wit or the courage to call an ambulance,” he said.
Presbury’s barrister Megan Cusack argued the drug and pervert the court of justice charges were at the “lower end” of offences.
However, Judge Jeffrey McLennan disagreed, based on Presbury’s criminal history.
“What must not be forgotten of course, when sentencing for this offence, is that a life has been taken and as the mother of Mr Marks makes clear, a much loved son, has been taken away from the family,” he said.
“Ms Marks has had enough grief in her life, as her victim impact statement reveals, without her son having been taken from her in this deeply stupid way.”
Eventually, Judge McLennan ruled that Presbury face an aggregated sentence of 501 days, backdating the sentence to February 9,2020 as time spent in custody.
The sentence expired from June 23, 2021, meaning Presbury could walk free that afternoon.
He was convicted for all three charges.
Anderson’s barrister Jason Watts also argued for a non-parole period, which Judge McLennan refused.
However, in his sentencing, Judge McLennan said the push was “by no means an especially violent response”.
“Mr Anderson’s role on this night, in one point of view is minimal, that is, until the fatal act,” he said.
“He was simply there as the driver.”
Given that, Judge McLennan convicted Anderson to a head sentence of three years, including time spent in custody from June 2,2019.
He will be eligible for parole from June 23, also meaning he could leave jail that afternoon.
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