One of the teenage boys involved in the frenzied and brutal attack of a Sydney man has appeared in court for sentencing.
Melbourne father Brett Halcro was beaten senseless by a group of teens and left for dead in the inner Sydney suburb of Pyrmont last year.
Most of the teens involved in the bashing, which saw Mr Halcro stabbed in the eye after a girl claimed she was raped, have received probation orders and been spared time in custody.
The latest boy involved in the attack faced court on Wednesday to be sentenced for his role after pleading guilty to assault occasioning actual bodily harm in company.
According to a statement of agreed facts tendered in court the boy, aged 17 from south western Sydney, was one of seven teens who were at a party at an Airbnb apartment in Pyrmont on July 31, 2020.
When two teens left the apartment they struck up a conversation with Mr Halcro and another man who produced a small bag of MDMA which one of the teens stole.
Shortly afterwards a girl who was at the party, but left and went outside, made a call to someone in the apartment claiming she had been “groped”.
The boy was in the apartment at the time and he joined fellow partygoers, including one who was wearing black gloves and a face mask, when they fled outside.
After exiting the apartment one of the boys said “Is that the one that raped you?”.
Court documents state that she replied, saying “Yeah, that’s the one”.
The group of teens then proceeded to punch and kick Mr Halcro, knocking him unconscious as one member of the group used a knife to stab him in the face, piercing his right eye.
After the onslaught Mr Halcro was left in a coma in intensive care suffering a fractured jaw, bleeding behind the eardrum, shoulder damage, extensive bruising and other injuries.
A court previously heard he has been left with five per cent vision in one eye and no hearing in his right ear.
Appearing for sentencing in the Surry Hills Children’s Court, the boy, who was 16 at the time of the attack, was supported by his mother.
Defence lawyer Bridget Kennedy said the boy had no criminal history and had not committed any further offences.
“His impression was that someone had been groped,” Ms Kennedy said.
“He was not part of this social group generally, he knew one of the other young people present.
“This is an aberration in this young person’s history and one I think Your Honour could find is not likely to be repeated. It was an immature response to a situation that arose around him.”
Magistrate Sue Duncombe said while the statement of agreed facts did not clearly say what role the boy played in the attack on Mr Halcro, the sentence she handed down would reflect his involvement in a “joint criminal enterprise”.
“It’s never for members of the public to take into their own hands any punishment in relation to any allegation,” Magistrate Duncombe said.
The boy had spent five days remanded in custody, three of which were because he failed to comply with bail conditions, Magistrate Duncombe told the court.
“I am concerned about your lack of engagement with Youth Justice and the fact you didn’t engage well for the first period.
“The Youth Justice report is largely a very positive report so I can’t explain why you haven’t engaged.
“I note you have not associated with the co-accused since the incident.”
Magistrate Duncombe said the boy had expressed regret and remorse and admitted to being unsure if what the girl claimed about first being groped, then raped, was factual.
He was sentenced to a probation order for 12 months, which requires Youth Justice supervision.
“Each of your co-offenders in the Children’s Court, the majority of them, have received probation orders,” Magistrate Duncombe told the boy.
“I won’t record a conviction and I’ll waive the victims compensation levy.”
The only adult involved in the attack, 19-year-old Jalen Morrison, was previously handed a one year and nine month prison sentence.
He will be eligible for parole in September after receiving a conviction for assault occasioning actual bodily harm in company.
The teen who stabbed Mr Halcro has been committed for sentence in the District Court after pleading guilty to charges including causing grievous bodily harm to a person with intent.
