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Qld one-punch accused's bail bid postponed

Daniel Jermaine Lee Maxwell, one of two men accused over the death of Brisbane teen Cole Miller, must wait three more days to learn if he'll be released.

The casket of Brisbane teenager Cole Miller
A 21-year-old accused over the one-punch death of Brisbane teen Cole Miller has applied for bail. (AAP)

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Source: AAP


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A 21-year-old man accused over the death of Brisbane teen Cole Miller has had his bail bid postponed at the request of police.

Daniel Jermaine Lee Maxwell is one of two men facing a charge of unlawful striking causing the death of Mr Miller earlier this month.

He applied for bail at the Brisbane Magistrates Court on Tuesday, with his lawyer arguing that he had been mischarged.

Magistrate Wendy Cull postponed the hearing until Friday to allow police more time to prepare their case against Maxwell.

Ms Cull wanted more details about the operation of the new one-punch laws under which Maxwell and co-accused Armstrong Renata, also 21, are charged.

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"These are things that shouldn't be, because of the seriousness of the matter, something (where) a decision is made lightly," she said.

In his earlier submissions, Maxwell's lawyer Michael Bosscher told the magistrate that moments before the attack in Fortitude Valley, Maxwell had turned to his friends and said "do you want to see something funny?".

He then randomly selected nearby Mr Miller and challenged him to a fight, before throwing the first punches.

There was no evidence to suggest Maxwell struck Mr Miller and it was clear Renata delivered the fatal punch, Mr Bosscher argued.

"The crown case, clearly, mischarged Mr Maxwell with this offence," Mr Bosscher said.

"Their evidence is patently clear that the strike that caused the death, directly or indirectly, was delivered by the co-defendant."

But police prosecutor Senior Constable Jason Beasley said it could be argued Maxwell encouraged Renata by his words.

Sen-Const Beasley asked for more time to review the defence material, prepare submissions, and check the Melbourne address where Maxwell wants to live while on bail.

Ms Cull agreed to adjourn the hearing until Friday.

Mr Miller, 18, an elite water polo player, died in hospital from massive head trauma on Monday January 3, a day after the alleged assault.

Maxwell and Renata were charged under tough new laws introduced in Queensland in 2014 designed to combat alcohol-fuelled violence.


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