The Stainforth Court public housing units at Cornelian Bay.
THE bashing murder of a man at a public housing estate was not premeditated but appeared to have sprung from a sudden drunken dispute, the Supreme Court in Hobart heard today.
Jamie Peter Smart, 32, of Glenorchy, and Rhys Louis Gardner, 19, of Bellerive, went to Shayne Anthony Waller's Stainforth Court unit at Cornelian Bay on February 18 last year after a night of drinking.
While they were there, a fight broke out. Michael David Williams, 39, of Kingston, was killed and Mr Waller, 52, was seriously injured.
Smart and Gardner were found guilty of murder and assault by a Supreme Court jury in September.
Gardner's lawyer Greg Richardson today said his client had been deserted by his mother when he was seven months old and had been raised by his strict father -- a violent alcoholic ex-sailor who suffered from depression.
He said on the night of the attack, Gardner had consumed a large quantity of beer and spirits.
"He was intoxicated, there can be no doubt about that at all. How we was still standing up is difficult to understand," he said.
Through a series of chance encounters in the early hours of the morning, the accused men ended up in Mr Waller's unit.
Mr Richardson told the court Gardner had joined in an assault started by his co-accused on Mr Waller and was unsure how Mr Williams came to be attacked.
"Mr Gardner says he doesn't have the faintest idea why he jumped in, he just did.
"What happened was totally unplanned."
He said Gardner had written a letter of apology to the families of both victims.
Smart's lawyer Todd Kovacic said his client had not gone to the unit with the intent of harming anyone and was also affected by alcohol.
"There was no intention of doing any harm to anyone in the unit. They went up there for a drink, a fight started and it got out of hand," he said.
He said his client had taken steps to beat his alcohol problem and urged the judge to show some leniency.
Justice David Porter will sentence the men on November 23.
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