An Adelaide man, who bashed a frail associate to death in a dispute over a bottle of scotch, has been found guilty of manslaughter.
At his judge-alone trial, it was alleged Johnny William Walters, 47, hit John McLellan 30 to 40 times during an argument in May 2020.
Both men had been drinking and taking drugs at the time, with the fiery dispute sparked when Mr Walters took a swig from his victim's bottle of whisky.
By the time police and paramedics were called, the 63-year-old could not be revived.
Walters was charged with murder, but in a verdict on Thursday, Supreme Court Justice Laura Stein found him not guilty of the more serious offence but guilty of manslaughter.
The defence had argued that it could not be established beyond reasonable doubt that Mr Walters' actions were a substantial or significant cause of death.
It was put to the court that Mr McLellan was seriously ill with emphysema, cirrhosis, chronic obstructive pulmonary disorder, which combined with having consumed significant amounts of medication, illicit drugs and alcohol, made him very susceptible to any kind of assault.
In reasons for her verdict, Justice Stein said the prosecution had failed to prove that Walters intended to cause death or grievous bodily harm.
But she said the acts which were the substantial cause of Mr McLellan's death were unlawful and dangerous.
"Punching another to the head of itself poses an appreciable risk of serious injury," the judge said.
"Mr Walters knew Mr McLellan was older, smaller, had mobility issues and used a walking stick.
"Mr McLellan's injuries caused visible bleeding and his face was bruised. His hair was blood-soaked and his blood was spattered in locations around the lounge room."
Justice Stein said Walters would have realised that he'd exposed Mr McLellan to an appreciable risk of serious injury.
"Accordingly, I find Mr Walters guilty of the manslaughter of Mr McLellan." she said.
