No extra time in jail for teens who attacked Indians: Oz court

Victorian County court judge Christine Thornton said the 12-month detention order for the brothers, now aged 17 and 18 respectively, by the Children's Court last year over the 2008 incident, was lenient but should stand because of the delay in bringing an appeal against the sentence, AAP reported.

Director of Public Prosecution (DPP) had appealed against the sentence given by the Children's Court, with Chief Crown prosecutor Gavin Silbert, SC, describing it as "manifestly inadequate".

However, judge Thornton confirmed the pair's original sentence, saying though the punishment was lenient, the brothers' rehabilitation would be impeded if they were again detained.

"I consider the sentences imposed were lenient for what can only be regarded as serious offending," Thornton said and re-sentenced the duo, who were not identified, to the same 12-month term, for which they got early parole.

The brothers had in December 2008 carried out an unprovoked attack in an Indian convenience store in Sunshine, where eight men were injured, including one who spent 15 days in coma and was left with permanent brain injuries.

Silbert told the court that the older youth smashed 27-year old Sukhraj Singh with a piece of wood, leaving him unconscious and bleeding with multiple skull and face fractures.

The younger brother is believed to have started the spat, asking the Indian men in the store if they were 'Singh or Desi', which the prosecution said was a racist remark.
Silbert said when the Indian men said they were "Singh boys", he punched one of them without warning.

A group of four co-offenders, including his older brother, entered the store and caused mayhem, assaulting the victims and stealing a till containing several hundred dollars.
The assault was captured on CCTV and when the judge viewed it she said it was very serious attack.

The DPP had asked the County Court to re-sentence the older brother to two and a half years and the younger to two years.

"There is a racial motive apparent in this," Silbert had told the court, adding "the culpability is relatively high."
He had also called the offence as "extraordinarily grave" and said "it was entirely unprovoked."

"It was committed in company. It involved weapons," Silbert had said.
The offenders had admitted to charges of intentionally and recklessly causing serious injury and theft.

The re-sentencing was delayed by some hours today because the older youth turned up nearly an hour late and his brother 20 minutes late. At two prior hearings, they were both at least 20 minutes late but the judge took no action against them, the report said.
Thornton said she took a number of sentencing considerations into account, including the need to protect the public, but the law said rehabilitation of young offenders was the most important.

The judge said the youths were remorseful for the attack.

She also said the victim with brain injuries would continue to suffer from the bashing. "The effects on him have been profound and this is a serious example of the offence," she said.

Others who joined the brothers in the attack had already been sentenced in various courts and their sentences were not appealed.

Defence barrister Andrew McKenna, for the older brother, had urged judge Thornton not to send his client back into custody, saying he had completed his sentence and was on the road to rehabilitation.

McKenna denied it was a racist attack and said the welfare of the child offender was the most important issue in sentencing young people.

Simon Moglia, advocate for the other brother, argued his client had received a substantial penalty and it was not the rare and exceptional case that required the County Court to intervene.