The teenager jailed for inciting the king hit that claimed the life of Jamie Purdon at the 2009 Maitland Show has lodged a High Court appeal after his manslaughter conviction was quashed earlier this year.
The teenager, who turns 18 this year but was 15 at the time of Mr Purdon's death, was sentenced to five years' imprisonment last year with a non-parole period of two years and six months after he was found guilty by a jury of inciting another teenager to punch Mr Purdon.
Mr Purdon, 21, fell backwards after the punch and hit his head.
The 17-year-old who threw the punch was sentenced to periodic detention and later testified against the 15-year-old.
The 15-year-old was released from custody in February after serving less than a year in juvenile detention before the Court of Criminal of Appeal ruled in April that his trial miscarried.
The Court of Criminal Appeal ordered that he be re-tried, but Newcastle District Court heard yesterday that Legal Aid NSW has lodged an appeal against that decision to the High Court.
It could be a number of months before the High Court makes a ruling on whether it will hear the appeal.
A trial date, if one is needed, will not be set until later this year.
The 15-year-old was accused of attending the show on a Friday night expecting to see fights.
He was accused of taking part in a joint criminal enterprise with the 17-year-old when he allegedly recruited the 17-year-old who was an acquaintance, but not a friend.
He was accused of pointing Mr Purdon out and saying words similar to "that's him, let's go, bro".
Mr Purdon died instantly after being punched and hitting his head.
The 17-year-old was later jailed for king hitting another man at a Maitland hotel.