Manslaughter conviction being appealed by Huth
Brandon Carl Huth has asserted B.C. Supreme Court Justice Malcolm Macaulay erred in convicting him of manslaughter in the November 2011 death of Shawnigan Lake's Tyler Noble and has filed a notice of appeal.
After being struck by a single blow from Huth in downtown Victoria, Noble died a few hours later after hitting his head on the sidewalk. Huth was sentenced March 4 to two years less 10 days in jail plus three years probation.
Huth is representing himself. Among the specifics where he claims Macaulay erred were in rejecting his self-defence argument and rejecting his credibility.
Ken Noble, Tyler's father, wasn't buying those claims.
"It was an easy conclusion for Judge Macaulay to come to that Brandon Huth was untruthful and telling falsehoods in his testimony,'' noted Noble. "Everyone in the courtroom saw this. Peter Firestone, Huth's defence lawyer, said he feared for his life, yet his client towered over everyone and outweighed our son by 60 pounds.
"After his picture came out in the paper, our family was contacted into the double digits by his victims, some who wanted to address the judge at sentencing but were told by the Crown they could not,'' Noble indicated.
"If he applies for bail while awaiting his appeal, the public should be concerned.''
Huth is asking to be acquitted of manslaughter or be granted a new trial.