THE man found guilty of the bashing death of a friend he was drinking with in Tamworth says he is “deeply sorry” and “should have walked away”.
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Steven John Johnson told his NSW Supreme Court sentencing hearing in Tamworth that “as a result of my decision, I’m responsible for Kenny’s death”.
In May, a jury found Johnson guilty of the manslaughter of Kenny Matthews after a fight broke out on the night of May 15 that spilled onto Goonoo Goonoo Rd in Tamworth. Mr Matthews died 24 hours later in hospital.
He took the stand in his sentencing hearing on Wednesday morning, apologising to the Matthews’ family, seated in the court, as well as his own mother and other extended family members.
“I shouldn’t have handled things differently, I should of walked away, I shouldn't of done what I done,” he said.
“It troubles me to think that I took the life of another man.”
The Leader can reveal Johnson offered to plead guilty to the manslaughter charge before his six-week trial that saw dozens of witnesses called, but the Crown elected to continue on the charge of murder.
After two days of deliberations, the jury cleared Johnson of murder and two other charges, finding him guilty of the lesser offence of manslaughter.
Defence barrister David Carroll told the court Johnson did not intend to cause grievous bodily harm but "he is guilty by virtue of an unlawful, dangerous act".
Justice Richard Button acknowledged "this whole tragedy wasn't planned by your client" and noted “he intended to inflict some harm”.
"He did not act in self-defence, that's the jury's verdict," he said.
“Someone’s died as a result of the deliberate act of violence,” he told the court.
Someone’s died as a result of the deliberate act of violence ... regrettably, he has a long history of violence.
- Justice Richard Button
“Regrettably, he has a long history of violence.”
Justice Button said Johnson was “a bit more drunk than he claimed”.
Crown prosecutor Lee Carr conceded Johnson was entitled to a discount for his plea offer, telling the court it should be in the range of five to 10 per cent.
He said Johnson delivered the “crunching blows” and clearly lost his temper, and delivered the “violence, along one of the busiest roads”.
The court head Johnson had clear psychological problems that had stemmed from his childhood and turned to alcohol and drugs, that in turn, led him to be angry and violent, Justice Button said.
Three victim impact statements were tendered, including that of Thelma Saunders, Mr Matthews’ sister, who read out an emotional statement to the court.
Ms Saunders detailed “the terror that gripped me and my family” as they were confronted by their brother in an intensive care hospital bed after Tamworth hospital rang them to tell them he was about to pass away.
“Watching him screaming … and taking his last breath, it was just too much to bear,” she said, describing the sleepless nights and anxiety attacks she has endured since his death.
Watching him screaming … and taking his last breath, it was just too much to bear.
- Sister Thelma Saunders
“On many days, I have just cried and cried … it has affected me in more ways than you could ever imagine.”
She said her brother was always helping others, and in the days before his death, had stopped to help a random motorist in distress, changing her tyre.
“Ken had a heart of gold, he would help anyone out he can,” she said.
Ken had a heart of gold, he would help anyone out he can.
- Sister Thelma Saunders
The court heard Johnson, who is being held in custody in Tamworth, was only allowed out of his prison cell for about five-and-a-half hours a day, with a murder charge hanging over his head for two years.
But he said what he was going through “is nothing compared to what Ken’s family have gone through and Kenny”.
“It wasn’t my intention for this to happen,” he told the court, telling them he was “deeply sorry”.
The court heard Johnson had been appointed a delegate in the prison by staff to help deal with issues with inmates, and in the challenging role, had been subjected to abuse, including being called a “dog”, as well as physical abuse.
He has been charged with intimidation and fighting in custody, he said as a result of that role, but had abstained from drugs and alcohol – something he wants to continue in the future.
An unhealthy man, Mr Matthews had abused alcohol for a long period and suffered several medical conditions.
The 52-year-old died as a result of internal bleeding into his abdominal cavity after small lacerations to his spleen had increased, which the Crown had maintained was the result of the bashing.
He will be sentenced on Friday.