Alan William Delaney has been sentenced to 16 years' imprisonment, with a non-parole period of 12 years, for murdering Aaron Baxter under the Queens Bridge in Queanbeyan, NSW, on Boxing Day in 2019.
In sentencing, NSW Supreme Court Justice Des Fagan described how Delaney punched his victim repeatedly in the head before using his knee to strike Mr Baxter's abdomen.
Justice Fagan said he accepted that Delaney did not know he had murdered Mr Baxter as a result of bashing him, saying that he left the scene yelling, "Come down to the river and I will drown you" — a reference to the future in which he expected the man to still be alive.
"It seems perfectly clear to me that there was not an intention to kill," Justice Fagan reasoned.
He also accepted that Delaney had used his fists and knee in the murder rather than a weapon, saying the accused was not to know that his force could have combined with Mr Baxter's ill health to kill the victim.
Mr Baxter, 46, had pre-existing damage to his liver and spleen as a result of alcoholism that caused the organs to be enlarged and vulnerable to haemorrhages.
Court hears of offender's abusive childhood
Delaney's barrister, Duncan Berents, said his client had shown considerable remorse, and before learning of Mr Baxter's death, had asked about the victim's condition as he was being arrested.
Th e court heard that Delaney had also cried at the end of his two-hour interview with police when he was told Mr Baxter had died.
Mr Berents said Delaney had suffered a traumatic childhood that predated his drug and alcohol abuse and included an attempt to end his life due to mental distress at the age of 18.
The court also heard the offender had a violent upbringing, was sexually abused between the ages of four and 11, and used substances including heroin and methamphetamines.
Justice Fagan asked Crown prosecutor Nerissa Keay whether she accepted that Delaney's moral culpability was somewhat reduced due to his poor mental health, substance abuse issues and emotional instability.
"I agree with that, your honour," Ms Keay responded.
'He was my idol': Family speaks of loss
Mr Baxter's older sister Dana Souter described in a victim impact statement how she had been left to care for her brother's grieving son.
"Charlie is now 13," she said.
"That innocence of a child, that innocence of not knowing what violence was, was taken away from Charlie."
Ms Souter said she has been determined to show the boy who his father was by introducing him through her own memories.
"I see so much of Aaron in Charlie," she said.
"Aaron was honestly one of the best guys to get a laugh from … and I catch myself thinking of our past and all the amazing adventures we used to have."
Ms Souter said the murder also dramatically affected their mother who was "ruined" over the absence of her son.
She described how her elderly mother had been writing letters to her dead son begging him for forgiveness.
"But she shouldn't blame herself", Ms Souter said of her mother.
The court also heard how the timing of their loved one's murder on Boxing Day had meant that Christmas had morphed into a time for mourning rather than celebrating.
She said her brother's murder was the worst thing that has ever happened to her family and that she cannot bring herself to forgive Delaney.
Trial hears victim's head bounced off wall
In February a jury unanimously found Delaney guilty of murder after a week-long trial in the NSW Supreme Court.
The court had heard from an eyewitness that Delaney had struck Mr Baxter's head repeatedly, causing it to bounce off a concrete wall.
The witness added that Delaney had kneed Mr Baxter in the torso under the ribs and yelled threats that included, "I'm going to f***ing kill you" and "You are a dead c**t".
The victim was alive when Delaney left the scene but died in hospital from a ruptured spleen.
The pair were known to each other and had socialised in the months leading up to the attack, but on the evening before committing murder, Delaney had suspected Mr Baxter had stolen money from him and also blamed him for a break-up with his girlfriend.
Delaney will be eligible for parole in 2031.
