By Adam Bennett
December 14, 2007 04:51pm
Article from: AAP
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A FRUIT-picking trip to southern New South Wales ended in the death of a Scottish backpacker who became embroiled in a bizarre row about creationism and evolution.
English backpacker Alexander Christian York, 33, was today sentenced to a maximum of five years jail for the manslaughter of Scotsman Rudi Boa in January last year.
Mr Boa, 28, died on January 27 after being stabbed by York at the Blowering Holiday Park, near Tumut.
Mr Boa and his girlfriend Gillian Brown arrived in Australia from Scotland at the end of 2005 and went to Tumut to pick fruit as their first port of call on a round the world holiday.
York had been in the country since April 2005.
The Scottish couple and York, neighbours at the caravan park, were becoming friends and spent the night of January 27 drinking at the Star Hotel in Tumut.
However, towards the end of the night, an argument between York and the pair about creationism versus evolution escalated into a shouting match at the pub.
The couple, both biomedical scientists, had been arguing the case of evolution, while York had taken a more biblical view of history.
"Although this became perhaps a little sharp edged, it did not really amount to anything," Justice Michael Adams said during York's sentencing in the New South Wales Supreme Court today.
"For some reason, however ... the offender's mood changed suddenly and he began to abuse Mr Boa and Ms Brown.
"There was no hint of a physical confrontation and what a happened amounted to little more than a brief verbal contretemps."
Although the altercation had been defused by the time the Scottish tourists left the hotel, it became inflamed again at the caravan park when all three were quite drunk.
According to Ms Brown, York was making dinner when he attacked the couple outside his tent, stabbing Mr Boa with a kitchen knife as the argument escalated.
York said he had lashed out in self-defence, after being attacked by Mr Boa.
In the NSW Supreme Court sitting in Wagga Wagga in July, York was found guilty of manslaughter but acquitted of murdering Mr Boa.
He was today sentenced to a maximum of five years in jail, with a non-parole period of three years.
He will be eligible for release on January 26, 2009.
Justice Adams said he had given York a sentence at the lower end of the scale, partly because of the accidental nature of the stabbing.
"I do not believe that he took aim but rather thrust out," Justice Adams said.
"I think he knew that the knife was in his hand ... but he did not actually turn his mind to the potentially serious consequences of doing this.
"The offender is a person of good character and the offence is a complete aberration."
York, unshaven and dressed in prison greens, sat impassively as Justice Adams read out the sentence.
Mr Boa's sister Debbie broke down when York was led into court, and during the sentencing.
