One-punch killer Dylan John Closter sentenced to six years jail over NYE death of David Cassai in Rye

A VICIOUS thug who chased down and fatally punched David Cassai, 22, as he tried to retreat with his hands up on New Year’s Eve has been jailed.

David Cassai's mother Caterina Politi outside court. Picture: Brendan Francis.

A VICIOUS thug who chased down and fatally punched 22-year-old David Cassai as he tried to retreat with his hands up has been jailed for at least six years.

David Cassai was killed in Rye.

Dylan John Closter, 20, bounced around like a boxer as his victim lay unconscious on the footpath following the ferocious attack at Rye on New Year’s Eve 2012.

Supreme Court Justice Elizabeth Hollingworth said, in sentencing Closter, a plumber, for manslaughter and affray, his unprovoked, alcohol-fuelled actions had catastrophic consequences.

“In the space of less than a minute, multiple punches had been thrown, one man was dead and five others were injured,” the judge said.

“You repeatedly chased after him, trying to punch him, even though he and his friends were trying to back away from you and defuse the situation.

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“By the time you inflicted the fatal blow, some of your friends had joined in the violence, leaving Mr Cassai’s friends injured, or too busy defending themselves, to help him out.”

Justice Hollingworth said the Launching Place teen angrily demanded that Mr Cassai’s friend put down a street sign he was carrying as they walked past the Rye shops, before approaching the group and deliberately shoving Mr Cassai with his shoulder.

After a brief verbal exchange, the then 18-year-old held his hands up like a boxer and began throwing punches at Mr Cassai, who was trying to back away and holding his hands up in a passive gesture.

Closter’s co-accused — Thomas McCluskey-Sharp, 26, and Tyrone Russell, 22 — ran over and joined the ugly fracas, which was largely caught on CCTV cameras, with one of them announcing, “Welcome to Rye, c---s.”

Mr Cassai stumbled and fell on the road after one punch connected, before getting up and being chased by Closter, who landed a powerful roundhouse punch to his left temple area.

Mr Cassai fell straight backwards, smacking his head on the pavement and fracturing his skull, causing the deadly brain injury to which he would succumb hours later.

The judge said Closter bounced on his feet like a boxer before fleeing, with him or another person in his group shouting, “That’s what we came here for”, adding to the terror of the situation.

She said Closter came forward to police out of “pragmatism, rather than remorse” and half-heartedly claimed he acted in self-defence — a claim he maintained until pleading guilty in August.

In sentencing Closter to nine years and three months’ imprisonment, with a non-parole period of six years, Justice Hollingworth told Closter: “What happened that night was entirely of your making.”

“Tragically, your immature, alcohol-fuelled actions have damaged so many lives, including your own.”

The offence of manslaughter carries a maximum penalty of 20 years’ jail.

Mr Cassai’s mother Caterina Politi, wearing a ‘Stop. One Punch Can Kill’ T-shirt, said they could never get justice for her only son’s death.

“It’ll never be enough but it doesn’t send a message of deterrence and of punishment for a man who took my son’s life,” Ms Politi said.

“He wasn’t a threat to Dylan Closter … they just went out to celebrate a birthday and they just wanted to get home.

“They were ambushed and they had no chance.

“We will never recover from this.”

She said recently introduced strict coward punch laws that impose a minimum 10-year sentence were a step in the right direction to preventing these senseless deaths.

“No one deserves this but David definitely didn’t deserve this,” she said.

Mr Cassai’s sister, Luisa, 22, said she hoped young people realised that hurting others was not a game and would think twice before throwing punches.

“Don’t let your friends do something they will regret forever,” she pleaded.

Russell, who earlier pleaded guilty to recklessly causing serious injury, causing serious injury and affray for his role in the ugly fracas, was jailed for 15 months, with an eight-month non-parole period — a term prosecutors are appealing on the basis that it is manifestly inadequate.

Thomas McCluskey-Sharp, 25, was also charged with affray and intentionally causing injury and is due to appear in court later this month.

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