A Queensland man convicted of the bashing murder of another man will face a retrial because the jury wasn’t given manslaughter as an option.
A Queensland man found guilty of bashing another man to death has had his conviction overturned on appeal.
Jamie Rex Teichmann will face a retrial over the killing of Michael Manson in December 2010 following a Court of Appeal decision on Friday.
Mr Teichmann was sentenced to life imprisonment last year after a jury found he murdered Mr Manson in December 2010.
The victim’s battered body was found in a ute tray on a dirt track near Coominya, west of Brisbane.
Mr Teichmann’s friends testified that the father of two admitted to killing the other man in a fight by punching him and jumping on his head.
On appeal Mr Teichmann argued there was evidence Mr Manson provoked him and the jury should have been asked to consider a manslaughter verdict.
Queensland’s Court of Appeal agreed, saying the judge erred by failing to direct the jury to consider the defence of provocation.
“The failure to do so has deprived the appellant of a real chance of acquittal fairly open to him and has thereby occasioned a substantial miscarriage of justice,” Justice Catherine Holmes said in a written judgement delivered on Friday.