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Two teenage brothers, who spent less than a year in youth detention for a brutal racial attack on a group of Indians will not spend any further time in custody, an Australian court ruled on Wednesday.
The Times of India reports 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.
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.
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