Ricky Lefoe: Twist in heated chip battle that cost Brazilian student Ivan Susin his life on the Gold Coast

The man found guilty of manslaughter in the death of a Brazilian student with a single punch during a brawl over a stolen chip is appealing his four-year sentence.

Ricky Lefoe, 32, was found guilty in February of murdering Ivan Susin outside a Gold Coast kebab shop in September 2019 after his friend stole a fryer from Mr Susin’s friends.

Shortly after a fight broke out between the two groups, the 29-year-old Brazilian student was knocked down by a single punch from Lefoe.

Mr Susin died 11 days after sustaining the fatal head injury.

Lefoe’s friend Shaun Simpson had stolen a chip from two of Mr Susin’s friends who were sitting on a nearby bench, causing an altercation between the two groups.

Mr. Susin walked over to the group to help his friends and punched Mr. Simpson.

During the trial, CCTV footage was shown showing Susin throwing the punch but completely missing.

This action prompted Lefoe to deliver the fatal blow, causing Mr. Susin to fall unconscious to the ground.

Ricky Lefoe, 32, is appealing his four-year prison sentence for delivering the punch that killed Brazilian student Ivan Susin

Ivan Susin was tragically killed in September 2019 during a fight outside a kebab shop on the Gold Coast

Lefoe filed his appeal with the Queensland Court of Appeal on Wednesday.

Her lawyer Stacey Francis told the court that the prosecutor had asked a series of questions during the trial which “closed down” part of her client’s defence.

Mrs Francis said the jury was inadvertently left to decide whether Susin’s failed punch at Simpson showed he had a degree of “self-control”. If the jury was “satisfied” he “acted deliberately” to protect his friend, the prosecution’s argument that he was provoking could not be accepted.

“The appellant (Lefoe) did not do what he did for the protection mechanism, but because he wanted Mr Simpson to win the battle,” Francis said.

‘The appellant’s conduct is no more serious than the deceased’s conduct. It may even be less serious because it did not attract that element of violence.

‘The Crown did not present the case to the jury on the basis that there was any threat posed by the deceased other than the risk of serious bodily harm.’

The disagreement between the two groups broke out over a stolen chip, but it had deadly consequences

Judge Debra Mullins said she understood Ms Francis’s “argument theoretically” but after watching the CCTV footage of the fight “many times” she found there was “only one answer” to the question of whether there was any provocation for Lefoe’s actions, and that answer was “yes”.

“A person may deliberately join a fight because he or she has been challenged by someone who started the fight,” Judge Mullins said.

“All the references you make to us have nothing to do with provocation.”

Ms Francis said Mr Susin’s actions were “deliberate” and that he had not lost control when he became involved in the fight.

“This was a calculated blow, a blow meant to hurt someone,” she said.

‘Taking all these arguments as a whole, we hold that the deceased acted deliberately, with deliberation and calculation and that there was no loss of self-control.

“If the jury accepts the logic that the deceased was rational, controlled and purposeful … they lose their forensic battle.”