Sex videos and pics led to killing: judge

Written By Unknown on Senin, 18 Februari 2013 | 18.59

JOSHUA Hickson was so angry that Gregory Elms had distributed nude photos and sex videos of his sister that he wanted to make him pay for it.

In early 2011 Hickson and friend Brendan Gobus visited Mr Elms, 44, at his home in Kewarra Beach, north of Cairns, to give him "a wake-up call".

But Hickson lost control and began stomping or kicking Elms.

Gobus then bound Elms' hands together with duct tape and left him propped up against a bedroom wall.

Mr Elms' severely decomposed body was found in the same position a week later.

In the Queensland Supreme Court in Cairns on Monday, 30-year-old Hickson, who pleaded guilty on day three of his jury trial last week, was sentenced to eight years' jail for manslaughter.

Gobus, 38, was handed a seven-and-a-half-year jail sentence on the same charge.

Owing to a number of factors, including his early guilty plea before trial, Gobus will be eligible for parole in six months.

Both men have been in custody since they were arrested in January 2011.

In sentencing, Justice James Henry said the men made a "grave error" confronting Mr Elms after he distributed nude photos and sex videos of Hickson's sister, who was Mr Elms' ex-girlfriend.

Taking matters into their own hands was similar to having their "own kangaroo court", the judge said.

In a victim impact statement, Mr Elms' parents said they feared the pain of losing their eldest son would never leave them.

"He was happy, and so were we, with the progress he was making in his life," the statement read.

A cause of death is not known but both the defence lawyers and prosecutors agreed Mr Elms most likely died from heart failure.

"It should be said that Hickson and Gobus's conduct was a substantial cause of death," Justice Henry said.

Other possible causes of death included a head injury and positional asphyxia.

Hickson's lawyer, David Feeney, told the court his client had been stunned to hear Mr Elms had died, as he had never meant to kill him.

Gobus' lawyer, Kevin McCreanor, said his client had only wanted to give Elms "a wake-up call ... a slap on the back of the head".


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