A New Zealand man who walked free from court yesterday over a one-punch attack that killed a teenager has been re-arrested while he awaits deportation.
Daniel Maxwell, 21, received an 18-month suspended sentence in the Brisbane Supreme Court Thursday morning, after admitting to assault and affray over the death of Cole Miller, 18.
But just hours after his release Maxwell was taken back into custody by Australian Border Force officers, following the cancellation of his visa.
Daniel Maxwell, 21, (pictured) received an 18-month suspended sentence in the Brisbane Supreme Court Thursday morning, over the one-punch death of Cole Miller, 18, but just hours after walking free he was taken back into custody to face deportation
Australian law states that non-citizens who serve a term of imprisonment for more than 12 months, such as Maxwell, will have their visa automatically revoked by the government.
‘The individual’s visa has been cancelled and he has been detained,’ a Federal Government spokesperson told The Courier Mail.
Earlier in the day Maxwell had refused to comment as he left court, after his charge of unlawful striking causing death was downgraded.
Mr Miller, 18, died after Maxwell challenged him to a fight while he walked through a mall with a friend to catch a taxi on January 3, 2016.
Maxwell had told his friends ‘do you want to see something funny?’ before walking up to the teenager and punched him in the chest without provocation.
Co-accused Armstrong Renata, 22, then entered the fray and punched the teenager once in the back of the head, causing him to fall and hit his head on the pavement.
Australian law states that non-citizens who serve a term of imprisonment for more than 12 months, such as Maxwell (pictured), will have their visa automatically revoked and will be deported
Maxwell admitted to assault and affray in relation to Mr Miller’s (pictured) death, after he challenged him to a fight and was heard saying ‘do you want to see something funny?’
Mr Miller never regained consciousness following the attack and his parents turned off his life support the following day.
The court heard Thursday that Renata was the one to deliver the fatal blow but Justice Ann Lyons had said Maxwell was ‘looking for a fight’ and ‘he wanted to cause harm’.
‘What happened in the mall… it was cowardly on every level. Nothing you did that night was honourable. Nothing you did puts you in a good light.,’ she said.
‘You were laughing as you left. Your lack of respect, your lack of empathy, is difficult to fathom.’
Mr Miller’s father provided a written statement following the verdict yesterday, according to the ABC.
‘We understand the reasoning behind the 18-month sentence, but we are disgusted that a convicted criminal who is now an illegal immigrant is allowed to walk free on Brisbane streets,’ it read.
Co-accused Armstrong Renata, 22, (pictured) delivered the fatal blow after he joined the fight and punched the teenager once in the back of the head, causing Mr Miller to fall and strike his head on the pavement
More than 1,000 people attended Mr Miller’s funeral where his father Steven wiped away tears as he spoke of his son’s years growing up in the family home on the Sunshine Coast
Maxwell’s lawyer said his client, who had no prior convictions and had spent 19 months in jail already, was deeply remorseful for his actions.
He also said he had been celebrating his 21st birthday on the night Mr Miller died and was drunk when he started the fight.
More than 1,000 people attended Mr Miller’s funeral where his father Steven wiped away tears as he spoke of his son’s years growing up in the family home on the Sunshine Coast.
‘He was always good for a kiss and a cuddle,’ he said.
‘Still in year 12, the whole family always stopped for a hug and a kiss from him. It was our family tradition.
‘This young boy, Cole, could hold my heart in his every being. He did so then and he still does.’
At court, Maxwell’s lawyer said his client, who had no prior convictions and had spent 19 months in jail already, was deeply remorseful for his actions