Court upholds homeless man’s murder conviction
A homeless man who fatally stabbed Nathan Wiseman during a drunken Boxing Day brawl will remain behind bars after he failed to convince a court that the death was unintentional.
Robert John Nott was found guilty of murdering the 21-year-old after he flew into a jealous rage over his "lady friend" while drinking on the banks of the Noosa River on December 26, 2015.
Mr Wiseman was stabbed twice with a stainless-steel fishing knife and his body was found on Ernest St at Tewantin on the Sunshine Coast shortly after midnight on December 26, 2015.
Nott was sentenced in the Brisbane Supreme Court in February last year to life behind bars with a non-parole period of 20 years.
His lawyers appealed the conviction in the Queensland Court of Appeal arguing the verdict was unreasonable because of Nott's level of intoxication on the night and because he had told police that he had not meant to kill Mr Wiseman.
This morning Justice David North handed down his judgment, saying that while Nott had been drinking, his drunkenness was not "so gross" that it would have stopped him from forming an intent to kill.
Justice North said it was beyond reasonable doubt that when Nott "pulled that blade out" he intended to either kill or cause grievous bodily harm to Mr Wiseman.
The appeal was dismissed.
Originally published as Court upholds homeless man's murder conviction