Meth user had no motivation to kill drinking buddy, barrister says

Meth user had no motivation to kill drinking buddy, barrister says

news, crime, Joshua Higgins, Jae-Ho Oh A meth user accused of stabbing a middle-aged man to death after a heavy drinking session lacked any motivation

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news, crime, Joshua Higgins, Jae-Ho Oh

A meth user accused of stabbing a middle-aged man to death after a heavy drinking session lacked any motivation to kill his drinking companion, and the alleged victim could have well died because of his heart condition, a defence barrister has said. Joshua Higgins, 32, has admitted to stabbing Jae-Ho Oh in the early hours of March 11, 2019 in a Gungahlin townhouse. But he maintains he did so in self defence after he woke to his pants and underwear having been pulled down, with Mr Oh, 56, on top of him. Mr Higgins told an ACT Supreme Court jury trial earlier this month it was Mr Oh who came at him first with a knife before the pair wrestled on a bed and he stabbed him. Mr Higgins has pleaded not guilty to murder, and faces the alternative charge of manslaughter. Prosecutors have said Mr Higgins stabbed Mr Oh more than a dozen times, including in his neck, back and buttocks, but defence barrister Kieran Ginges on Monday said in his closing statements Mr Higgins believed he was “fighting for survival”. Mr Ginges said while the confrontation left the alleged victim with several stab wounds, only two that punctured Mr Oh’s lungs were integral in determining the 56-year-old’s cause of death. The barrister said there was at least a “reasonable possibility” the 56-year-old’s death wasn’t substantively caused by being stabbed. Instead, he said he could have died because of his long-standing heart condition, an “arrhythmia” – a problem with the rate or rhythm of his heartbeat – or because of how a police officer gave him CPR. READ MORE: Prosecutor Trent Hickey told the jury in his closing statements Mr Higgins’ account of what happened that night was “unsatisfactory” and unbelievable. He said the reality was Mr Higgins stabbed his friend in a “frenzied”, “violent and sustained” attack, and he must have been aware of the probability Mr Oh would die. The prosecutor said that, although Mr Higgins was drunk, he could still form the intent to kill his friend. He implored the jury to think about the amount of rage one would have to muster to inflict on someone the kind of injuries Mr Oh had. The trial continues before Justice John Burns. Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:

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Alleged murder victim Jae-Ho Oh.

A meth user accused of stabbing a middle-aged man to death after a heavy drinking session lacked any motivation to kill his drinking companion, and the alleged victim could have well died because of his heart condition, a defence barrister has said.

Joshua Higgins, 32, has admitted to stabbing Jae-Ho Oh in the early hours of March 11, 2019 in a Gungahlin townhouse.

But he maintains he did so in self defence after he woke to his pants and underwear having been pulled down, with Mr Oh, 56, on top of him.

Mr Higgins told an ACT Supreme Court jury trial earlier this month it was Mr Oh who came at him first with a knife before the pair wrestled on a bed and he stabbed him.

Mr Higgins has pleaded not guilty to murder, and faces the alternative charge of manslaughter.

Prosecutors have said Mr Higgins stabbed Mr Oh more than a dozen times, including in his neck, back and buttocks, but defence barrister Kieran Ginges on Monday said in his closing statements Mr Higgins believed he was “fighting for survival”.

Mr Ginges said while the confrontation left the alleged victim with several stab wounds, only two that punctured Mr Oh’s lungs were integral in determining the 56-year-old’s cause of death.

The barrister said there was at least a “reasonable possibility” the 56-year-old’s death wasn’t substantively caused by being stabbed.

Instead, he said he could have died because of his long-standing heart condition, an “arrhythmia” – a problem with the rate or rhythm of his heartbeat – or because of how a police officer gave him CPR.

Prosecutor Trent Hickey told the jury in his closing statements Mr Higgins’ account of what happened that night was “unsatisfactory” and unbelievable.

He said the reality was Mr Higgins stabbed his friend in a “frenzied”, “violent and sustained” attack, and he must have been aware of the probability Mr Oh would die.

The prosecutor said that, although Mr Higgins was drunk, he could still form the intent to kill his friend.

He implored the jury to think about the amount of rage one would have to muster to inflict on someone the kind of injuries Mr Oh had.

The trial continues before Justice John Burns.

Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:

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