Single punch not intended to kill: judge

By Michele Tydd
Updated November 5 2012 - 7:55pm, first published March 6 2009 - 11:18am
Solkan Donaczy, jailed for the manslaughter of Scott Mahoney in March 2007.
Solkan Donaczy, jailed for the manslaughter of Scott Mahoney in March 2007.

One punch has cost a Port Kembla man his freedom until at least 2012.Solkan Mohammed Donaczy, 28, was sentenced in Wollongong District Court yesterday to a total of six years' jail with 31/2 years non-parole for the manslaughter of Scott Mahoney, 33, on March 17, 2007.The punch was thrown outside the Port Kembla Hotel after the men had been drinking in different groups at nearby Commercial Hotel.CCTV footage captured Mr Mahoney falling from what appeared to be an unexpected punch to the head from Donaczy after a brief verbal exchange.Mr Mahoney never regained consciousness. As the case has progressed through the District Court the agreed facts have been disputed.Donaczy's barrister Cathy Doosey initially agreed with the Crown that Mr Mahoney had been an annoyance to Donaczy and had repeatedly got fired up about the presence of a certain person in Donaczy's group.Yesterday she submitted Mr Mahoney "exhibited continued and persistent aggression towards my client". This was strongly opposed by the Crown.Judge Conlon said he could not accept Ms Doosey's submission, having only conflicting witness statements on which to rely.He said, however, he accepted Mr Mahoney was upset and agitated throughout the night and that there was mutual aggressive posturing between the two men.Donaczy had earlier said in evidence he was irritated by Mr Mahoney's racial slurs toward him and his friends, but this was also rejected by Judge Conlon.He said he did not know the precise reason for the ongoing disagreement but "nobody seems to hear anybody uttering racial taunts or insults at the Commercial Hotel".He noted that during the final conflict outside the Port Kembla Hotel, the CCTV video showed Mr Mahoney's arms were at his side and not in a fighting posture.Judge Conlon said he believed Donaczy never intended "such catastrophic results".The case has generated large-scale interest from families of both sides who packed into court yesterday."While I understand your grief, the court process is not always capable of alleviating that sense of loss," Judge Conlon told Mr Mahoney's family.He took into account Donaczy had three children and had found continual employment despite a difficult background of abuse from his stepfather.The court heard Donaczy was a valued member of the Wadi Wadi dance group and had travelled overseas as an indigenous ambassador.Judge Conlon said Donaczy had good prospects for rehabilitation.

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