Circus worker cleared over drunk roommate's one-punch death

A TRAVELLING carnival worker who pushed over his heavily intoxicated 65-year-old roommate, causing him to hit his head and be taken to hospital where he died 10 days later has avoided a jail term after prosecutors accepted he was not responsible for the man's death.

Robert Raymond Dennehy, now 51, spent nearly a year behind bars and another year subject to strict bail conditions after he was charged with the one-punch law of assault causing death and manslaughter over the death of Tony Williams in Kurri Kurri on October 6, 2021.

Dennehy and Mr Williams were at a neighbours' unit in Hughes Close about 7pm and were drinking when Mr Williams became abusive, according to an agreed statement of facts.

Newcastle courthouse.

Dennehy warned him not to speak like that and then pushed him in the chest, causing the already unsteady man to fall backwards and strike his head on a TV set or table.

Mr Williams suffered a 2.5 centimetre cut above his eye, but did not lose consciousness or require stitches, Newcastle District Court heard.

The next day, the neighbour became concerned about Mr Williams' general health and called an ambulance. He was taken to hospital, where he died from "unrelated illnesses" 10 days after he hit his head.

Dennehy was initially charged with reckless wounding and assault occasioning actual bodily harm, but after Mr Williams' death an autopsy was conducted and the DPP upgraded the charges to include manslaughter and the one-punch law of assault causing death.

Dennehy was refused bail and was looking at a maximum of 25 years in jail.

He spent 12 months behind bars before pleading not guilty and being released on strict conditional bail in October, 2022.

In August this year, public defender Lizzie McLaughlin sent a no bill application to the DPP, arguing there should be no further proceedings against Dennehy.

And a few weeks later, the DPP withdrew the more serious charges after Dennehy pleaded guilty to reckless wounding.

Judge Roy Ellis said on Monday that the prosecution now "accepts there is no causal link between the victim's ultimate passing and the conduct of Mr Dennehy".

Ms McLaughlin argued given the degree of provocation and the fact it was only a push to the chest that Dennehy could be given a conviction but no other penalty.

She said she had spent the height of the COVID-19 pandemic in jail in lockdown and since his release had moved to Queensland, reconnected with his family and gained employment.

Ultimately, Judge Ellis convicted Dennehy and ordered he be placed on a nine-month conditional release order, essentially a good behaviour bond, because of the time he had spent behind bars.