The Irish tourist who was charged this weekend following an alleged “one-punch” attack on his brother outside a Sydney nightclub will not face the mandatory minimum sentence for drunken assaults.
On Saturday, Barry Lyttle appeared before Parramatta Court on charges of causing grievous bodily harm, after a punch to the head left his brother Richard in critical condition in the early hours that morning.
The mandatory four-year minimum sentence for drunken assaults, introduced in NSW after the one-punch death of Daniel Christie, requires offenders to blow a high-range blood alcohol reading of 0.15.
Today, however, the Sydney Morning Herald report that Lyttle blew a “low-range reading of less than 0.079” after his arrest, and police have said that alcohol was not an “aggravating factor” in the attack.
Barry Lyttle and his father arrived in Australia late last week to visit Patrick, who had been travelling around the country for more than six months (earlier reports that all three arrived together were incorrect).
Patrick remains in “serious but stable” condition in St Vincent’s hospital, after surgery to remove swelling on his brain.
Daniel Christie’s father has spoken out in the wake of this latest assault, saying: “Once again a single moment of rage has a catastrophic outcome for all concerned.”
“I cannot begin to imagine the remorse and pain that Barry will be feeling, although I can understand what the rest of the family is going through. My family wishes that we had solution for this violence.”
