A teen accused of fatally stabbing Jack Beasley appealing sentence in Court of Appeal in Brisbane
The father of 17-year-old Jack Beasley - who was fatally stabbed in Surfers Paradise - says his killer “deserves to stay in jail” as the outcome of his sentence appeal can be revealed.
Police & Courts
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The boy who fatally stabbed 17-year-old Jack Beasley has had his attempt to appeal the length of his sentence rejected.
It took about half an hour for the Court of Appeal to deny the application of the boy - who was 15 at the time of the fatal stabbing - during a hearing on Friday morning.
Jack’s emotional parents Brett and Belinda Beasley hugged each other and supporters as they left the courtroom.
The family of the convicted killer were in tears.
Outside of court, Mr Beasley said: “How good was that? He got what we deserved as far as we are concerned.”
Brett Beasley, prior to the hearing, said his killer “deserves to stay in jail”.
Jack was fatally stabbed in the chest when he and his friends were confronted near the Surfers Paradise IGA by a group of teens on December 13, 2019.
One of Jack’s friends, also 17, was stabbed in the back and chest, leaving him with a punctured lung, it was alleged.
The boy appealing his sentence was 15 when he swung the knife and struck Jack in the chest, killing him about 8pm as shocked diners across the road watched on.
The boy – now 17 – pleaded guilty on May 9 to murder and two counts of committing a malicious act with intent.
Last year he was sentenced to 10 years prison and ordered to serve seven.
The teen lodged an appeal in August last year.
During court proceedings on Friday, the boy’s barrister Andrew Hoare argued the time the boy was set to serve in custody was too long and should be reduced to five years.
He said the special circumstances of the boy - including that he had no criminal history, had expressed remorse and had indicated he would participate in rehabilitation - meant the sentence should be reduced.
“Aside from the gravity of the offence there was nothing that indicated a need to keep this boy in custody to protect the community,” he said.
Crown prosecutor Sarah Dennis said there were no special circumstances in the case.
The Court of Appeal agreed with the prosecutor.
Outside of court, the Beasleys and their supporters cheered, including Mr Beasley punching the air and letting out a whoop as he walked out of the courthouse.
He described the case as a “no brainer”.
“I’m a bit speechless at the moment,” he said through tears.
“It’s always hard to hear (what was done) but we wanted the result today.”
Mr Beasley said they were looking to move one with Jacks’ Law.
“We are happy he is staying in jail where he belongs,” he said
“Ten years wasn’t enough anyway.
“It’s where he belongs… it’s where any murderer belongs - in jail.”
Asked if he thought the boy had any remorse about Jack’s death, Mr Beasley said: “He’s not sorry.
“He killed our son and he tried to kill his mate.
“He deserves to stay in jail.”
The denial of the appeal comes less than a fortnight after the signing of Jack’s Law which gives police powers to search people in safe night precincts - like Surfers and Broadbeach - and public transport with a hand held metal detector.
Mrs Beasley said the law was about the future.
“We couldn’t save Jack’s life but hopefully we can save some others,” she said.
“And there are lots of kids out there who have lost their lives to knife crime so if we can play our part.”
Mrs Beasley said they just wanted the court process over.
But, Mr Beasley had some immediate plans.
“I’m going to go and have a beer,” he said.
“We are a bit tired, we had a bit of a sleepless night last night waiting for this,” Mr Bealsey said outside the court prior to the hearing.
“We are hoping and praying that this boy doesn’t get his appeal today.
“As far as I’m concerned he is a killer and he deserves to stay in jail.”
Mr Beasley said he understood everyone had a right to appeal.
But added: “As far as I’m concerned if you murder someone you get your rights taken away.”
Mr Beasley said they wanted the case “done and dusted”.
“We have been to this place plenty of times and we thought it was all done but again we are here,” he said.
“It’s been a long-hard road and we have had a lot of highs lately with Jack’s law passing and that’s going great guns and then you get a kick in the guts to come back here.
“It’s pretty hard.”
The trial of the group of teens accused of Jack’s death took place in May last year.
In CCTV footage of the incident, played repeatedly to the court during the Judge-only trial in May, a group of teens are seen running from the scene immediately after the fight.
The group of five was aged between 15 and 18 at the time and the four youngest cannot be named for legal reasons.
The 15-year-old wielded the knife and is seen in the CCTV footage stabbing Jack’s friend first before stabbing Jack.
A 17-year-old was the one to start the brawl with the group by pushing Jack.
He – now 20 – pleaded guilty in April last year to manslaughter and two counts of grievous bodily harm.
Jack retaliated by flicking a cigarette in the teens’ face. The fight escalated from there.
Ma-Mal-J Toala and two teens – aged 16 at the time of Jack’s death – were acquitted in July of manslaughter and two counts of grievous bodily harm. They had maintained their innocence during a week-and-a-half long Judge only trial held in May.
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