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The Canberra Times
The Canberra Times
National
Toby Vue

'Cowardly piece of thuggery': COVID fear drove brothers' unprovoked bashing

The violence by a teenager who bashed his sister's then partner because of a COVID fear was a "cowardly piece of thuggery" with "little thought", a magistrate has said.

The ACT Magistrates Court on Wednesday heard that on April 8, the sister of Braedon Baker, 19, entered his Moncrieff premises while she had COVID and was not wearing a mask.

Baker took offence to that and believed his sister's then partner, who was outside, also had COVID, which was confirmed after the incident.

A physical altercation occurred between Baker and the partner, including the latter pushing the former up against a wall.

While the partner was outside after the scuffle, Baker's older brother, Tyson, arrived at the premises where he began bashing, without provocation, their sister's partner.

Braedon then also took part in the assault, including delivering numerous punches to the victim while he was on the ground.

The onslaught was witnessed by other members of the public, including a child.

Braedon fronted the court on Wednesday for sentencing after pleading guilty to joint commission assault occasioning actual bodily harm.

Magistrate Robert Cook said Braedon's offending could be assessed only "as unprovoked and a cowardly piece of thuggery".

"At the time, you formed a view about his [victim's] entry into the property," Mr Cook said.

"I can understand those circumstances were deeply confronting for you. But then what happens is a disconnect."

Mr Cook said the victim suffered "significant injuries at your hands and the hands of your co-defendant" with photos of the injuries being "clear and recognisable".

"It [the offending] is one of impulse. Little thought has gone into it," he said.

However, the magistrate said it was optimistic Braedon had no issues with drug or alcohol and that there was no evidence of any long-lasting injury or breaks to the victim's face or anywhere on his body.

Mr Cook said Braedon not having a criminal history and coming before the courts for the first time was also in his favour.

He noted the offender had not been charged with further offences since the April bashing, which he said may be described as an aberration.

"You are clearly on notice about these things of course," Mr Cook said.

He ruled against Braedon's lawyer's argument for a non-conviction, saying that while the offender had factors in his favour, including still being young, he was not satisfied the offending was trivial and said that the violence was not justified.

Mr Cook said a non-conviction was not appropriate nor expedient based on the extent of the assault.

Braedon was convicted and sentenced to a 12-month good behaviour order. His brother, Tyson, was also previously sentenced to the same order for his role.

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