Vic brothers spared jail over racism row

Two brothers have received community corrections orders over an assault near a Melbourne club last year.

Two Melbourne brothers have been spared jail over a "sustained and brutal" assault triggered by a confrontation about racism.

James Bruce, 20, and his brother Matthew, 19, were both handed community corrections orders on Monday over the incident near a club in Prahran last year.

James was leaving a bar on Chapel Street when a man of African background walking past overheard him say "my n*****" and an argument ensued, the Melbourne Magistrates' Court heard.

The man confronted James about his use of the word, and then walked away from Chapel Street.

CCTV footage captured James, who had been out drinking to celebrate a new job, following the man towards a car park.

He savagely punched and kicked his victim, as one of his brothers tried to stop him.

Matthew kicked the man once in the groin as he lay on the ground, before he and his brother pulled James off the victim. All three left the scene.

"Footage of this event was sickening and disturbing," Magistrate Carolene Gwynn said.

"The attack was cowardly."

James, who was aged 19 at the time, says he was singing a song and the word "n*****" was not in reference to the victim.

Police do not allege the June 2015 attack was racially motivated, and the forgiving victim doesn't say it was either.

While recovering from his injuries - including broken teeth, bruising and abrasions - the victim told police: "I just believe they were being stupid and it ended in someone being hurt".

The brothers pleaded guilty to one count each of affray, and James also admitted a charge of intentionally causing injury.

The event seemed a "one-off" for the pair, who made full admissions to police, showed remorse and voluntarily took part in a youth alcohol program, Ms Gwynn said.

Both were assessed as being a low risk of reoffending, and neither has drug or alcohol issues.

James was handed a two-year CCO, which includes 400 hours of community work, supervision and assessment for offending programs.

Matthew's 14-month CCO includes 200 hours of community work and similar conditions.

James' lawyer, Domenic Care, unsuccessfully asked the court to stop media showing images of his client.

He said four males of African appearance had set upon James while he was out jogging on Sunday, leaving him with a black eye and other injuries.

Mr Care claimed the attack was "racially motivated", but Ms Gwynn said there was no evidence the two were linked.


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Source: AAP



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