Shane Thomas Moy appeals sentence following manslaughter conviction

A man with a significant criminal history who killed a homeless man in a vicious assault has had his appeal heard by the Queensland Court of Appeal. Find out the outcome

A criminal who attacked a homeless man, threw him down the stairs, and punched and kicked him had his appeal against a manslaughter sentence thrown out by the Queensland Court of Appeal.

Shane Thomas Moy, now 54, was sentenced in mid-2022 by Justice David Boddice in Cairns Supreme Court to eight and a half years prison for the April 2020 attack.

Justice Boddice said it was gratuitous violence and Moy had a callous attitude after the attack.

He did not declare the 783 days Moy spent in custody as time served – effectively making his sentence 10 and a half years – and did not set a parole eligibility date.

Shane Thomas Moy, 50, was sentenced to eight and a half years in jail for manslaughter, with Justice David Boddice not declaring the 783 days he had served in pre sentence custody as time already served, meaning Moy will effectively spend 10 and a half years in jail. Picture: Facebook.

Moy appealed on the basis the sentence was manifestly excessive, did not adequately recognise his guilty plea – but the case was listed for trial until Moy had an eleventh hour change of heart – and argued because he was serving more than 10 years, his parole eligibility date should be brought forward.

Justices Soraya Ryan, John Bond and Declan Kelly dismissed the appeal.

They noted Moy attacked another man with a meat cleaver during a home invasion a month before his ultimately fatal attack on homeless alcoholic Keith Williamson, and was charged over those offences on April 6.

On April 3, Moy pushed Mr Williamson down stairs, dragged him across a car park and kicked him in the stomach and back at a Manoora unit complex.

Moy was charged with grievous bodily harm and it was upgraded to manslaughter when Mr Williamson died 13 days after the horrific attack.

Sadly, Mr Williamson died from wounds to his spleen that were not detected when he went to hospital on April 3.

He was discharged on April 4 but came back ad was re-admitted on April 5, being discharged later that afternoon.

Shane Moy, who was 50 at the time of the offence, and is now 54, had his appeal against a manslaughter sentenced dismissed. Picture: Supplied

Mr Williamson was readmitted on April 6, where a haematoma of the spleen with extensive bruising was found, and he underwent surgery on April 7 which revealed his abdomen was full of blood.

He underwent further surgery on April 10, but suffered a catastrophic bleed on April 16, and died.

The court acknowledged Mr Williamson’s liver dysfunction meant he was more likely to have bleeding problems and that he had an enlarged spleen.

At the sentencing, Mr Wilkinson’s sister Annastacia MacMillan sobbed as she gave a victim impact statement.

She said her brother was abused as a child and turned to alcohol to cope, developing a severe addiction.

“He was a very much loved human being and family member, despite the way he looked as a homeless man he was very charismatic, he lifted people’s spirits,” she said.

“He was kind and generous and just wanted to make people laugh.”

The judges said the fatal injury could have been caused by one forceful kick and Mr Williamson was a vulnerable victim.

Medical witnesses were cross-examined at a committal hearing before Moy changed his plea to guilty.

Originally published as Shane Thomas Moy appeals sentence following manslaughter conviction