Consent to fight sees Kasey David Vincent not guilty of Rasmussen street brawl

A long-running family feud that boiled over into a street fight involving a flung bicycle, baseball bat and shovel has unearthed a little-known Australian law that saw a man escape punishment.

A long-running family feud which boiled over into a street fight involving a baseball bat and a shovel has been the focus of a three-day trial in the Townsville District Court.

Five years ago, on October 24, 2018, Robert Francis Stanley was watering his front lawn after coming home from work when he began arguing with Kasey David Vincent, who was travelling down the Rasmussen street on his bicycle.

Mr Stanley told the court the man - who was a distant relative by marriage - was accusing him of going to the police about a car Mr Stanley’s cousin had given him several years ago.

Defence lawyer Kellie Mythen painted another picture, saying her client was simply riding down the street on his bike when he “copped a gobful”.

The pair started arguing and it ended with Mr Stanley on the ground with a laceration to the back of his head and his pregnant partner complaining of a hit to the stomach, the court heard.

Mr Vincent was arrested soon after for unlawful assault occasioning bodily harm while armed and common assault - despite calling Triple-0 himself to report the incident.

Mr Vincent has maintained his innocence since, and in late January 2024, a Townsville jury had to make sense of two very different stories.

The entire trial hinged on the principle of a person’s right to self-defence.

Judge David Burnett told the jury the law was there to protect people, and it did not require Australians to be “unnaturally passive” when threatened.

“Sometimes an attacker may come off second best, but it does not follow that the one who wins the struggle committed a crime,” Justice Burnett said.

He also explained to the jury that it’s possible in Australia for someone to consent to being assaulted.

“If a party voluntarily enters a fray, one might see they’ve consented (to the fight),” he said.

In a police interview watched by the jury, Mr Vincent told police he was scared of getting hit in the head as he’d acquired a brain injury several years ago which meant he needed a carer, and knew one hit could kill him.

“I’m quiet, I keep to myself, I live by myself, that’s how I like it. I just wanted to talk and they attacked me,” Mr Vincent told the police.

Mr Stanley said he was called a dog and had a bicycle thrown at him before he went onto his veranda to retrieve a wooden baseball bat.

The Rasmussen resident said he remained in his yard at all times - behind a six-foot high fence - and never actually hit Mr Vincent, but had the bat stolen out of his hands when he turned to leave and was hit over the head.

However, neighbours who witnessed the event saw Mr Stanley throwing punches and grappling with Mr Vincent on the street before he went to get the bat.

Mr Vincent said he was hit in the shoulder by the bat and reefed it out of Mr Stanley’s hands and threw it away to ensure he didn’t take a hit to the head.

After losing the baseball bat, the court heard Mr Vincent then turned away to get a shovel out of the garden - a fact which he stated in his comments to police at the time.

Mr Stanley’s partner Shannon Ryan was also involved in the fight and tried to pull the baseball bat from Mr Vincent’s hands while standing behind him - which the court heard led to her getting elbowed in the gut.

While in the witness box, Ms Ryan said she told Mr Vincent “you’ve hit Robert, you’ve hit me, you’re a dog” and followed Mr Vincent out as he went to get on his bike and leave.

The court also heard that out on the street, Ms Ryan pulled on the bike as Mr Vincent tried to ride away and punched at him.

Ms Mythen said having a baseball bat swung at you, when you have a critical brain injury, was enough provocation for Mr Vincent to act in self-defence - especially when Mr Stanley turned around to pick up a shovel when the bat was taken off him.

On Wednesday, January 31, 2024, Mr Vincent was found not guilty by a jury and walked free of the charges which have followed him for five years.

Originally published as Consent to fight sees Kasey David Vincent not guilty of Rasmussen street brawl