Pair win GBH retrial after man’s jaw smashed on ill-fated boys’ weekend

Two men claiming self-defence over allegations they smashed a man’s jaw after meeting him during an ill-fated boys’ weekend on the Sunshine Coast have been granted a retrial.

Jake Michael Micallef leaves Maroochydore Court House. Picture: Patrick Woods.

Two men claiming self-defence over allegations they smashed a man’s jaw after meeting him during an ill-fated boys’ weekend on the Sunshine Coast have been granted a retrial.

Jake Michael Micallef and Jason Rudi Lourens have successfully appealed their convictions after being found guilty at trial last year of one count of grievous bodily harm – but not guilty of common assault.

The jury were told the men, from Dakabin and Morayfield, met the complainant while staying at a unit at Alexandra Headland for a boys’ weekend on July 21, 2021.

Appeal documents published this month note how tensions arose between Lourens and the complainant during the “ill-fated” weekend, in which the defendants had both been drinking and the complainant may have used cocaine.

The jury were told Lourens grabbed a knife from the kitchen and swung it at the complainant before punching him, with Micallef then joining as the complainant fought back.

Jason Rush Lourens leaves Maroochydore Court House. Picture: Patrick Woods

It was alleged Micallef and Lourens knocked the complainant to the floor and punched, kicked and stomped on him until others broke up the fight.

Those allegations resulted in the common assault charge – which the men were both acquitted of at trial.

The jury were told the complainant later assaulted Lourens without warning while Lourens was leaving the apartment complex with Micallef.

It was alleged at trial the complainant smashed a bottle over Lourens’s head, leaving a bleeding laceration and kicking off another physical confrontation.

The jury were told Lourens had chased the complainant while swinging a knife, and Micallef approached from behind and struck him in the head – causing him to fall to the ground.

It was alleged Micallef and Lourens both punched, kicked, and stomped the complainant – resulting in him suffering a broken jaw.

The men pleaded not guilty on the basis they had acted out of self defence – and aiding in self defence in Micallef’s case.

They were found guilty of grievous bodily harm and both sentenced to two years and six months’ jail – suspended after serving 12 months in custody.

In a published appeal, Justice James Henry found the jury was incorrectly directed to exclude the men’s self-defence arguments if they accepted the complainant’s account of events.

Justice Henry found the jury was further directed that their verdict on the grievous bodily harm charge should be the same for both defendants.

“The direction wrongly assumed there was only one interpretation open on the complainant’s evidence, namely that both defendants assaulted the complainant when he was on the ground,” Justice Henry said.

“If consideration of the varying interpretations of the complainant’s evidence had been left to the jury, their deliberations may well have involved quite different factual considerations for each defendant.”

Justice Henry said it wasn’t being suggested the jury would have reached a different verdict for Micallef and Lourens.

“The two directions’ implicit removal of such consideration denied the defendants a chance of acquittal fairly open to them,” he said.

Justice Henry set aside the convictions and ordered a new trial on the grievous bodily harm count.

The defendants remain acquitted of the count of common assault.

Originally published as Pair win GBH retrial after man’s jaw smashed on ill-fated boys’ weekend