Kane Flanders, 32, is standing trial in the NSW Supreme Court for the murder of Ashley Morgan, 38, following a violent confrontation in Raymond Terrace on April 9, 2024. Prosecutors allege Flanders killed Morgan with a metal scooter after Morgan arrived at the property brandishing an axe. Flanders has pleaded not guilty, claiming he acted in self-defence.
The Events of April 9, 2024
The incident began in the early hours of the morning when Ashley Morgan and his partner arrived at a street in Raymond Terrace. According to Crown prosecutor Brendan Queenan, Morgan was in a state of panic, believing his phone had been stolen and his bank accounts compromised. Morgan, who had been identified as drug-affected the previous night, brought an axe to the scene.
CCTV footage presented in court allegedly shows the couple yelling verbal abuse and swinging the axe at local letterboxes. Kane Flanders and his brother, Andrew Cameron, emerged from their homes to confront the pair, citing concerns over the noise and the distress caused to their dogs. The Crown alleges that during this encounter, Flanders told his brother, “Hurry up bro, get me that little machete. This c*** is going to get chopped.”
The Fatal Confrontation
The situation escalated when Andrew Cameron reportedly retrieved a metal scooter from the veranda and handed it to Flanders. Prosecutor Queenan told the jury that Flanders struck Morgan with the scooter, causing him to fall to the ground, before stomping on his head. Paramedics and police arrived at the scene, but Morgan could not be revived.
An autopsy confirmed that Morgan died from blunt force head injuries. Toxicology reports detected both cannabinoids and methamphetamine in his system at the time of his death. Following the incident, Flanders told police officers at the scene that he had been “clobbered” by the axe, stating, “I hit him, he’s literally attacking me with an axe.”
If the Crown cannot prove beyond reasonable doubt the 32-year-old did not act in self-defence, the jury can still find him guilty of manslaughter if they determine he acted excessively.
Legal Defense and Trial Proceedings
Flanders has entered a plea of not guilty to the charge of murder. His barrister, Stuart Bouveng, did not deliver an opening statement to the jury. The prosecution’s case rests on the argument that while Morgan was armed, the force used by Flanders was not proportionate to the threat, potentially opening the door for a manslaughter conviction if the jury determines the defense of self-defence was excessive.
The trial is presided over by Justice Desmond Fagan. Proceedings are scheduled to continue on Tuesday as the court examines the sequence of events and the claims of self-defence versus excessive force.
Frequently Asked Questions
What is the difference between murder and manslaughter in this context?
Manslaughter may be considered if a jury finds that the defendant acted in self-defence but used excessive force that resulted in death.
What evidence is being used in the trial?
The Crown is relying on CCTV footage of the confrontation, police testimony regarding statements made at the scene, and autopsy results confirming the cause of death.
Is drug use a factor in the case?
Yes. Toxicology reports confirmed the presence of methamphetamine and cannabinoids in the deceased, which the Crown noted in relation to the victim’s state of mind prior to the confrontation.
For more updates on this case and other legal proceedings in the NSW Supreme Court, subscribe to our newsletter or explore our legal news archive.
