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A violent fight after an NRL grand final left one teenager dead and another in hospital after an 18-year-old boy pulled a knife.
Wesley Dates, aged 20, and his brother Peter Dates, aged 22, stand trial in the NSW Supreme Court in connection with a deadly stabbing incident on the night of October 1, 2023.
According to the details, the brothers were consuming alcohol and watching rugby league with friends at an apartment in Miller, located in western Sydney, when George Woods, 18, and Joshua Ratu, 19, joined them.
The court heard that Peter and Ratu engaged in a fistfight on the street, during which they exchanged several punches before Wesley Dates got involved.
It is not disputed Wesley fatally stabbed Woods before using a knife to seriously wound Ratu.
He pleaded guilty to wounding Ratu with the intention of causing him grievous bodily harm and to the manslaughter of Woods, but prosecutors rejected the second plea.
Instead, they argue Wesley is guilty of murder because he intended to kill the 18-year-old or at least cause him grievous bodily harm when he wielded the knife.
If they are unsuccessful in establishing intent, prosecutors will rely on manslaughter as a backup offence.
“Whatever the verdict you return in this case, Wesley Dates is to be held accountable for his actions on that night,” his lawyer Tom Quilter told the jury during his opening remarks.
“Neither of those stabbings was an accident.”
He said the now-20-year-old had accepted that what he did was wrong and criminal, but he acted rashly in “excessive self-defence” which didn’t amount to murder.
Although Wesley stabbed Ratu, Peter is accused of participating by forming an unspoken agreement with his brother to wound the other man with the intent of causing grievous bodily harm.
Either that or the brothers had a less specific agreement to inflict unlawful violence on Ratu when they assaulted him together, prosecutors contended.
There was no agreement to wound Ratu and Peter didn’t consider his brother would act in that way, his lawyer Denis Stewart told the court.
He said the then-20-year-old was so intoxicated that his vision was blurry and he was laser-focused on his one-on-one fight with Ratu.
“He wasn’t in a position to notice very much else that was going on around him,” Stewart said.
Peter didn’t see his brother stab Woods and hadn’t contemplated a knife would be produced to stab Ratu suddenly and “without warning”, his lawyer said.
The trial will explore the intentions and beliefs of the brothers at the time of the stabbing, the court was told.
It will continue before Justice Peter Hamill tomorrow.