A MARYBOROUGH man who killed another during an alcohol-fuelled punch-up has appealed his life sentence in the state's highest court.
Simeon Frederick George Blair, 23, was found guilty in the Maryborough Supreme Court last year of murdering Cleveland Paul Clay, 31, during a fight at the Carlton Hotel in the early hours of April 28, 2012.
The court heard the two men got into a fight before Blair armed himself with a piece of wood and struck Mr Clay several times over the head.
Mr Clay died at the scene.
Blair appealed his life sentence on the grounds the murder conviction was unsafe and unsatisfactory.
Defence barrister Soraya Ryan told the Queensland Court of Appeal yesterday that the jury could not have concluded Blair acted with intent based on the evidence at the trial.
"There was no apparent motive and things escalated very quickly," she said.
"There was a distinct lack of intent or purpose surrounding the fight on both parties' behalf.
"Both men wanted to win the fight and get on with drinking - but that does not mean Blair acted with intent to kill Mr Clay as defined under the law."
Crown prosecutor Glenn Cash told the court there was ample evidence produced at the trial that showed intent.
"He armed himself with a stick and attacked the victim, who sustained three to four blows to the head," he said.
"All blows were within an inch of each other and the Crown says that shows intent.
"A pathologist gave evidence at the trial that the blows were delivered with severe force."
The court reserved its decision. - APN NEWSDESK.
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