'Snap his neck, kill him, just kill him'
TWO mates brutally bashed their Northern Beaches neighbour tag team-style with one friend egging the other on saying "snap his neck, kill him".
Victim Joshua Evans answered a knock at his door at 11.15pm on March 11 last year and was greeted with a savage punch to the face by Joshua James Lilley, who then shoved him backwards.
Lilley tagged Cameron John Spann in saying "hit him, hit him" - and he did, causing the victim to fall to his knees.
Lilley continued the onslaught, punching Mr Evans in the head and kicking him in the back.
"He then stood back while you Spann punched the (victim) in the head," Judge Tony Moynihan said.
While Mr Evans was on the ground, Spann sat on his back wrapping his arms around the victim's throat.
"The complainant struggled to breath," Judge Moynihan said.
Lilley yelled encouragement from the sideline saying: "This is how we fight one on one ... snap his neck, kill him, just kill him".
As a result Lilley, 34, spent about seven months in custody and 32-year-old Spann spent 38 days in custody following their arrest before they were granted bail.
Both pleaded guilty in Mackay Magistrates Court to assault causing bodily harm in company and common assault. Now one man has walked free and the other was returned to jail.
Crown Prosecutor Tiffany Lawrence said there was little to differentiate the co-accused's individual criminality in the attack and that both had previously been given "the benefit of almost every order under the sun" including suspended sentences, immediate parole, community service and probation.
All three at lived at the same Bucasia resort.
On the day of the assault, Lilley and Spann had been drinking with a different neighbour, who had complained the victim kept making unwanted advances.
The court heard this formed the basis for the assault, which began with the two mates yelling abuse at Mr Evans saying, "you're nothing but a d***head" throughout the afternoon.
At one point, the victim "got his back up" and stood over the pair, which resulted in a brief struggle before Mr Evans walked away.
Defence barrister Scott McLennan, for Spann, said this escalated the situation.
He said his client "came to his senses" after putting Mr Evans in a headlock and walked away.
Spann offered to pay $1500 compensation.
Defence barrister Matthew Heelan, for Lilley, said his client had spent too much time in custody, which had been a significant deterrent for him.
Since his release on bail Lilley had fallen in love and wanted to move away from Queensland.
Judge Moynihan jailed both men for 12 months. Lilley's term was immediately suspended and the 215 days in pre-sentence custody was considered time already served.
Spann must return to jail with a parole release date on August 5.
Convictions were recorded.