Brothers get home detention"The victim will have to live with his injuries for the rest of his life, and society will have to pay for his upkeep," said Judge John McDonald, when sentencing two men in relation to an assault in Paihia in 2007.
Two brothers were sentenced to seven months home detention in Kaikohe District Court last Friday for attacking Kelly Joyce on December 19, 2007. They were ordered to pay no reparation because of their financial circumstances.
Mr Joyce suffered severe brain injuries as a result of the attack. He is now partially paralysed and unable to drive or work to support his three young children.
According to the summary of facts Adrian Thompson confronted Mr Joyce after the Lighthouse Tavern shut at 3am. He was intoxicated and allegedly ‘rarking up’ the crowd looking for a fight. Mr Joyce was punched in the head, and fell to the ground.
He regained his composure with the help of members of the public and walked into the road where he confronted Adrian Thompson trying to determine who attacked him.
Mr Joyce was seen to be bleeding from the head. Alan Thompson then approached Mr Joyce. After a discussion, they shook hands then Alan Thompson punched Mr Joyce in the head. Mr Joyce was knocked unconscious.
Adrian Thompson then picked up a bottle smashed it on the curb and challenged other members of the public to fight, before driving away.
Adrian Thompson pleaded guilty last July to unlawful injury and possession of an offensive weapon. Alan Thompson pleaded guilty to causing grievous bodily harm with reckless disregard.
A third brother, Jade Thompson was charged in relation to the attack but was sentenced through the youth court due to his age.
"The consequences of this attack have been catastrophic for the victim," said Judge McDonald, addressing the brothers. "He can’t fulfil his life like a 35-year-old man should be able to. He will never recover and society now has to pay for his upkeep because of your actions."
Judge McDonald said he took into account the offenders’ ages and the fact that they had no previous convictions.
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