Homeless man jailed after fatal punch claims father’s life
A homeless man who killed a man outside Dandenong Plaza when he punched him twice and sent him falling backwards on to concrete — and then said his victim “deserved it” — has been jailed for at least four and a half years.
Police & Courts
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A homeless man who fatally punched a father during a heated argument outside a suburban shopping centre has been jailed for at least four and a half years.
Jamie “JJ” Boothey, 51, had been drinking with friends outside Dandenong Plaza on October 15, 2018 when he was twice punched by Rorey Nolan, 37, sending him falling backwards onto the concrete pavement.
The killer blow was filmed by sniggering onlookers, with Nolan heard saying “he deserved it” while standing over his victim’s lifeless body before fleeing on foot, pushing bystanders out of the way as he did.
Nolan, who is intellectually disabled, had been released from prison just 12 days earlier.
Mr Boothey sustained catastrophic brain trauma and suffered more than two months of seizures before he succumbed to his injuries two days after Christmas.
Supreme Court Judge Lesley Taylor said Nolan made no attempt to help his victim and instead blamed him.
The court heard that while Mr Boothey had also raised his fists and pushed him, Nolan was clearly the instigator of the fight.
“While (Mr Boothey) showed some aggression, you were undoubtedly more aggressive,” Justice Taylor said on Friday.
“As a consequence of your actions, Mr Boothey’s family endured two months of distress,” she said.
In a victim impact statement to the court, Mr Boothey’s sister Tracy revealed her nephew had taken his own life because he was so heartbroken by the death of his father.
Justice Taylor said Mr Boothey was clearly a much loved family member.
“Your drunken impulsiveness took the life of another human being,” she said.
Nolan was sentenced to a maximum of seven years behind bars after pleading guilty to manslaughter.
The court heard Nolan had experienced an “appalling traumatic upbringing”, marred by physical and sexual abuse.
By aged 14 Nolan, who has an IQ of just 61, was drinking alcohol daily and suffers profound cognitive, psychiatric and psychological deficits, thus decreasing his moral culpability.
Justice Taylor said since his arrest in October 2018, Nolan has not had one single visit, phone call or piece of mail.
“Your time on remand has been a particularly lonely one,” she said.
Nolan will be eligible for parole in about three years with time served.