A teenager has been given a community-based order for knocking out a physically smaller victim during a prolonged and "extreme" reprisal that also involved a simulated sexual assault.
Jamie Mitchell Barry, 18, appeared via audio-visual link from the Alexander Maconochie Centre on Friday after pleading guilty to reprisal against a person involved in a legal proceeding, assault occasioning actual bodily harm, act of indecency, intentional threat to kill, and robbery.
A statement of facts reads that on March 4, someone Barry knows allegedly assaulted the same victim. That alleged offender was remanded in custody and that case is now before a court.
During the early hours of March 26, the victim went with another person to a Dunlop residence to smoke cannabis.
When the victim entered the house, Barry, in the presence of other people, fired off some questions at him after he said another male at the place looked like the person who allegedly assaulted him earlier that month.
It led Barry to a prolonged assault of the victim that spilled out at the front of the premises.
The assault, lasting more than 15 minutes, included numerous strikes to the face, including kicks that sent his head snapping backwards.
Barry said "I'll kill ya" and "I'll put a bullet in ya" before kicking him in the face some more times in which one roundhouse kick "with extreme force" knocked out the victim, who landed on his back and head.
Even as the victim was motionless on the ground, the offender stood over him and yelled "you f--king bitch c--t".
When the victim regained consciousness 83 seconds later, he got to his knees and hands.
Barry then squatted behind him and simulated sexually assaulting him by repeatedly thrusting his groin towards the victim's buttocks.
When the victim tried calling his mother, Barry took the phone before ordering the victim to take off his clothes at the front lawn.
He was finally able to escape, in the nude, and sought refuge at a neighbouring property before receiving help.
During the assault, raucous laughter and cackling could be heard from others at the scene.
CCTV and mobile phone footage of the vicious assault had been played in court.
The court on Friday heard that the assault has had significant ramifications on the physical and mental wellbeing of the victim.
Magistrate James Stewart said the objective seriousness included "the sheer domination of a physically smaller victim who submitted without any attempt at self defence".
He said the act of indecency was conduct "that had its origin in demeaning and controlling the victim rather than sexual gratification".
"Despite the extreme objective seriousness of the offending and some relevant criminal history, the youth of the offender is a paramount consideration," Mr Stewart said.
"Rehabilitation must take precedence over punishment and deterrence in this sentence."
The magistrate took into account the offender's disrupted upbringing that included exposure to alcohol misuse and his parents separating when he was 15.
Mr Stewart said the offender was given a chance to show the court he could be respectful to prison staff since the previous court date in August and he had done so.
He sentenced Barry, who had been remanded in custody since late March, to an intensive corrections order of three years and nine months from Friday.
He spoke directly to Barry afterwards, saying it was a significant sentence but not one that would crush him.
"I genuinely think that you've had a chance at not being a repeat offender, but there was no way that you've could've taken that chance if I sentenced you to serve that sentence in custody, so make the most of it," he said.
