Jake’s re-trial, under the new legislation, required the prosecution to prove only that when Dallas Kahl ‘king hit’ Jake, he foresaw as a possible consequence of his actions, actual bodily harm. The jury found Kahl to be ‘not guilty’ of foreseeability, which is the crux of the Criminal Code excuse of accident.
The implications to Jake’s family are immense. Having waited years for a confirmed conviction, they want to share their story to help others at the same time as trying to work out their future.
The Coffs Coast Advocate have been following their story. You can read various articles on Jake’s case at http://www.coffscoastadvocate.com.au/topic/jake-brook/
In Queensland, a campaign called “One Punch Can Kill” has gained momentum and has been used successfully to prove foreseeability in cases (see Jonty Bush article)
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