“We Could Have Been a Murder Case”: Young Men Escape Jail for Unprovoked Teen Bashing | The Courier
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Two young men who violently attacked two teenagers on the way home from playing table tennis in Warrnambool have escaped imprisonment. Brody Harrison Burke, 21, and Bon Dylan Pails, 23, were convicted on Friday at the Ballarat Magistrates’ Court. Magistrate Letizia Torres said the two young teens did nothing to provoke the attack that was “hard to watch”, “confrontational” and “disturbing.” “It is incomprehensible to me how they fell victim to such serious and arbitrary violence,” she said. “The 16-year-old boy was hit on the head with such force that he was thrown halfway down the street.” The violence is disgusting. “The second victim, a 17-year-old boy, was punched in the face and fell to the ground before a football-style kick was delivered directly to his head. He was flown to the Royal Melbourne Hospital with a broken skull, cheekbone and eye socket and bleed to the brain behind the fracture. Ms. Torres said the victim suffered “sweeping” lasting effects from the attack, including problems with memory, pain, discomfort in the teeth, anxiety and anger. The court heard that the victim’s mother experienced ongoing concerns and despair over her son’s well-being and ongoing legal proceedings. Ms. Torres said Burke, who was then 19 years old, attacked the teenagers in a drunken state, but it was unclear why he started the violence, she said she rejected Burke’s allegation, was afraid or threatened by the young victim and she regarded the attack as ‘completely unprovoked’. The court heard that Burke lived with his parents in Cape Clear and had a previous violation of drink-driving. Ms. Torres said she was not convinced that Burke had a real understanding of his alcohol abuse and that more work needed to be done in response to his “excessive drinking.” Pails, who was 21 at the time of the offense, was drunk and vomiting into the bushes when Burke started the attack. Defense attorney Adrian Paull argued that Pails had misread the situation and got involved because he thought Burke needed help and should therefore receive a lower sentence. In her comments on the conviction, Torres said she should take into account the youth of Pails and Burke and the delay in the matter that has been resolved since the violation in January 2018. “The delay has shown that both have made progress on their rehabilitation pathway would now interrupt that path, “she said. Burke was sentenced and sentenced to a three-year community correction warrant with claims he underwent under supervision and assessment and treatment for binge drinking. He must donate $ 5,000, half to Warrnambool Base Hospital and the other half at Royal Melbourne Hospital. He can’t go to bars or nightclubs for a year and can’t drink alcohol in any other location. Burke will return to court for judicial review within six months. “You had that boys can kill. It only takes one attack or you fall in the wrong place and we could have had a murder case, “said Torres.” I hope you understand that. ” Pails was sentenced to a two-year community correction, with the requirement that he send 200 hours of unpaid community work, alcohol treatment and judicial review to court within six months. “That shovel could have killed the victim,” Torres said when sentencing Pails. “He was a boy and he was on the floor when you attacked him.” You have narrowly avoided entering prison. “This was a difficult decision for me.” Pails and Burke were supported at court by relatives. The victim’s mother and her partner watched the conviction through a video link from the court in Warrnambool. The victims were not known to the Ballarat men. You are a loyal digital subscriber to The Courier because we have made this story available to subscribers only Thank you so much for your support and for allowing us to continue to tell the story of Ballarat We appreciate your support for journalism in our great city.
Two young men who violently attacked two teenagers on the way home from playing table tennis in Warrnambool have escaped imprisonment.
TRUSTED: Brody Harrison Burke (left) and Bon Dylan Pails (right) were sentenced on Friday at the Ballarat Magistrates’ Court. Images: Lachlan Bence
Brody Harrison Burke, 21, and Bon Dylan Pails, 23, were convicted on Friday at the Ballarat Magistrates’ Court.
Magistrate Letizia Torres said the two young teens did nothing to provoke the attack that was “hard to watch”, “confrontational” and “disturbing.”
“It is incomprehensible to me how they fell victim to such serious and arbitrary violence,” she said.
The 16-year-old boy was hit on the head with such force that he was thrown down the street.
“The violence is disgusting.”
The second victim, a 17-year-old boy, was punched in the face and fell to the ground before a soccer-style kick was delivered directly to his head.
It only takes one attack or fall in the wrong place and we could have had a murder case.
Magistrate Letizia Torres
He was airlifted to Royal Melbourne Hospital with a fractured skull, cheekbone and eye socket, and bleeding on the brain behind the fracture.
Ms. Torres said the victim had “profound” lasting effects from the attack, including memory problems, pain, discomfort in the teeth, anxiety and anger.
The court heard that the victim’s mother experienced ongoing concerns and despair over her son’s well-being and ongoing legal proceedings.
Ms. Torres said that Burke, then 19 years old, attacked the teenagers in a drunken state, but it was unclear why he started the violence.
Brody Harrison Burke will leave court in Ballarat on Friday.
She said the claim that Burke was afraid or threatened by rejecting the young victim, and she considered the attack to be “absolutely unprovoked.”
The court heard that Burke lived with his parents in Cape Clear and had a previous violation of drink-driving.
Ms. Torres said she was not convinced that Burke had a real understanding of his alcohol abuse and that more work needed to be done in response to his “excessive drinking.”
Pails, who was 21 at the time of the offense, was drunk and vomiting into the bushes when Burke started the attack.
Bon Dylan Pails will leave the court in Ballarat on Friday.
Defense attorney Adrian Paull argued that Pails had misread the situation and got involved because he thought Burke needed help and should therefore receive a lower sentence.
In her comments about the conviction, Torres said she should take into account the youth of Pails and Burke and the delay in the matter that has been resolved since the violation in January 2018.
The delay has shown that both have progressed on their rehabilitation journey. If they end up in prison now, that path would be interrupted, ”she said.
Burke was sentenced and sentenced to a three-year community correction warrant with claims he underwent under supervision and assessment and treatment for binge drinking.
He must donate $ 5,000, half to Warrnambool Base Hospital and half to Royal Melbourne Hospital.
He may not visit bars or night clubs for a year and may not drink alcohol in any other location.
Burke will return to court for judicial oversight within six months.
“You could have killed those boys. It only takes one attack or you fall in the wrong place and we could have had a murder case, “said Torres.
‘I hope you understand that.’
Pails was sentenced to a two-year community correction with the requirement that he send 200 hours of unpaid community work, alcohol treatment and within six months to court for judicial supervision.
“That shovel could have killed the victim,” Torres said when sentencing Pails.
“He was a boy and he was on the floor when you attacked him.
“You have narrowly avoided going to prison.
“This was a difficult decision for me.”
Pails and Burke were supported at court by relatives.
The victim’s mother and her partner watched the conviction through a video link from the court in Warrnambool.
The victims were unknown to the Ballarat men.
If you see this post, you are a loyal digital subscriber to The Courier because we made this story available to subscribers only. Thank you very much for your support and for enabling us to continue telling the story of Ballarat. We appreciate your support for journalism in our big city.
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