A MAN who bashed a dementia patient, who allegedly made homosexual advances towards him, has failed to convince the Supreme Court to overturn a conviction for wounding with intent.
Jamie Gurran was convicted on the wounding with intent charge following a district court trial in which the Crown alleged he had over-reacted to what he perceived to be a homosexual advance by the victim, a 75-year-old man who at the time happened to be a friend of the accused.
He unsuccessfully appealed the decision to the Court of Appeal and then recently filed an appeal against that ruling with the Supreme Court.
The victim told police he had been kicked in the shins, stomach, ribs and around the head by Gurran, who also slapped him in the face. He denied making a homosexual advance.
The victim was unable to give evidence at the trial and died shortly afterwards, apparently from natural causes.
Gurran claimed the victim’s injuries had occurred when he ‘fell in the toilet’, not because he had beaten and kicked him.
However, after the trial Gurran wrote to the sentencing judge ‘in terms which the Court of Appeal (subsequently) said could only… be read as an admission to the offending where he expressed regret for what had happened and apologised.’ Read more »