Mala Owen Geissler, 32, from Mackay was found not guilty of murder, but guilty of manslaughter.
Mala Owen Geissler, 32, from Mackay was found not guilty of murder, but guilty of manslaughter. Facebook

Tubby was doing DIY project, stabbed to death minutes later

ON the sunny Sunday afternoon of October 11, 2015, Tyrone 'Tubby' Baynton was whiling away the hours lacquering a wooden chair as part of a DIY project.

Minutes later, a 70cm long samurai sword had been jammed through his front door by Mala Owen Geissler, piercing Mr Baynton's neck, severing his carotid artery and windpipe and perforating his right lung.

Three or four minutes later, Mr Baynton bled out in his backyard in Arcturus Street, North Mackay, a court was told.

Geissler, Jeremy Kenneth Abell and Joshua Don Francis Wales had knocked on Mr Baynton's door about 6pm - broad daylight - high on ice, alcohol and marijuana, aiming to steal money or drugs.

Mr Baynton's housemate, Jaydon Stevens, opened the door and promptly slammed it shut, after noticing the trio - Geissler armed with the sword and Wales with a short pool cue - had black T-shirts covering their faces.

Tyrone 'Tubby' Baynton was killed on October 11, 2015 at North Mackay.
Tyrone 'Tubby' Baynton was killed on October 11, 2015 at North Mackay. Facebook

Rushing to help as Wales and Abell booted the door (made of wooden veneers and a cardboard interior), Mr Baynton popped the door open and managed to hit Wales on the top of the head with a wooden bat.

Geissler screamed words to the effect of "oi c---", thrusting the sword horizontally at the hollow core door - with fatal consequences.

The weapon punctured right through to the other side and sliced 17cm into Mr Baynton's body, as he leaned up against the door.

After Geissler and Wales entered and ransacked the unit, seemingly making off with a small amount of marijuana, the crooks dashed to their ute parked across the road from the unit block.

Geissler later threw the bloody sword into McReady's Creek boat ramp at Andergrove, where it was eventually recovered by police divers, covered in surface rust.

In the coming months and years, Abell and Wales would plead guilty to manslaughter.

But Geissler's two attempts to have his charge downgraded were refused, and he ended up going to trial in the Supreme Court in Mackay.

 

The sword used in the manslaughter of Tyrone 'Tubby' Baynton.
The sword used in the manslaughter of Tyrone 'Tubby' Baynton.

The trial began on March 20 and lasted a week, involving 20 prosecution witnesses.

A jury of seven women and five men found Geissler guilty of manslaughter, but not guilty of murder after just over an hour of deliberations.

They did not find Geissler intended to kill Mr Baynton, or to thrust the sword completely though the door during the armed robbery.

Geissler faced Justice James Henry for sentence on Wednesday, backed by a small group of supporters.

The rest of the courtroom's public gallery was largely filled by Queensland Police officers and Mr Baynton's family and friends.

Crown prosecutor Caroline Marco detailed Geissler's lengthy criminal record, which included a range of violence, domestic violence, weapon, drug, property and other offences beginning as a teen.

Ms Marco told the court Geissler should be sentenced on the basis he did not intend or expect Mr Baynton's death due to his actions but did foresee injury, albeit less serious than grievous bodily harm.

 

Police outside of the unit where Tyrone 'Tubby' Baynton was killed by Mala Owen Geissler on October 11, 2015.
Police outside of the unit where Tyrone 'Tubby' Baynton was killed by Mala Owen Geissler on October 11, 2015. Tony Martin

The manslaughter of Mr Baynton was aggravated because it occurred during a robbery, Ms Marco added, noting Geissler had evaded police and ditched the sword.

Defence barrister Tim Ryan argued an accident, as defined by law, had not been excluded by the jury and there had been a "non-deliberate infliction of an injury", not a "direct application of force".

Mr Ryan forwarded an apology of sorts from Geissler to Mr Baynton's family and friends.

"He expressed his instructions ... that no one was supposed to be injured that day and he is sorry that this all happened," he said.

Mr Ryan said Geissler, a dad of three children and former concreter, rigger and landscaper, "plans to return to Cairns to look for work" when he is eventually released from prison

Justice Henry said Geissler had shown "no remorse", had "pointed the finger" at Abell during his trial and could not expect a discount in his sentence.

"He did not have the intestinal fortitude to face up to the consequences of his actions," Justice Henry said, adding Geissler "must go to jail for a very, very long time".

Justice Henry sentenced Geissler to 12 years jail, minus 878 days already served.

Geissler will have to serve at least 80% of the sentence before he's eligible for parole.

He was also sentenced to serve 12 months jail (to be served concurrently) for breaking into a Glenella school shortly after Mr Baynton was killed.

Ms Baynton and her supporters remained in Mackay Courthouse for some time after the penalty was handed down.

 

The Arcturus Street, North Mackay unit block where the stabbing took place.
The Arcturus Street, North Mackay unit block where the stabbing took place. Tony Martin

Tubby had a 'heart of gold'

SOBS filled a courtroom as a man killed with a sword during a home invasion was remembered as a "loving, caring person" with a "heart of gold".

Dianne Baynton read her victim impact statement on Wednesday, after Mala Owen Geissler was found guilty by a jury of the manslaughter of her 29-year-old son, Tyrone 'Tubby' Baynton.

"Tyrone's death had a devastating effect on myself and the rest of my family," she said.

"For all three (offenders), no punishment will ever be sufficient. We will never forgive the horror that you have put our family through.

I do hope justice will be served for taking the life of our much-loved son, brother, brother-in-law and uncle."

Mr Baynton's aunt, Sandra Holmes, also read a statement and said she would "give anything to have my old sister back" - touching on how deeply her family had been affected.



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