Prosecutor Alex Poulos has called for a full-time custodial sentence for Barry Lyttle after he pleaded guilty in a Sydney court to recklessly causing grievous bodily harm to his younger brother.
Magistrate Graeme Curran said a jail sentence was likely. "The issue is whether or not I suspend a prison term," he said.
Patrick Lytttle (31) was punched in the head by his older brother during a minor disagreement in the Kings Cross entertainment district at around 3am on January 3rd, causing him to fall backwards and hit his head on the footpath.
He was taken to the nearby St Vincent’s Hospital and, following surgery, was on life support for six days before regaining consciousness.
Patrick Lyttle was in the Downing Centre Local Court today to support his 33-year-old brother.
Though Barry Lyttle’s lawyers made several attempts to negotiate a lesser charge over the attack, the state prosecutors proceeded with the original charge and Lyttle subsequently entered a guilty plea.
The prosecution did, however, make a significant concession in agreeing that Lyttle will be sentenced in the Local Court where the maximum term he faces is two years in jail, rather than in the District Court where he could have been imprisoned for up to 10 years.
In a victim impact statement Patrick Lyttle told the court that: “It has been an awful ordeal for me but everyone can see it has been for Barry too.”
He said his father Oliver's health had also suffered during the almost four months he has been in Australia.
“He doesn’t want to go home without his two sons,” Patrick Lyttle said.
He added that when they go home to Ireland both brothers plan to speak to young people about the dangers of one punch assaults.
“Youth work could be my future,” he said.
Barry Lyttle's barrister Chris Watson said his client was remorseful, unlikely to reoffend and of good character.
Speaking after a court appearance last week, Patrick Lyttle said he had made a “fantastic recovery” from his injuries and that he wanted the case against his brother to be dealt with quickly so that “we can all just go home” to Ireland.
Medical reports showing that Patrick Lyttle had recovered fully from his injuries and would experience no long-term health effects had previously been presented to the court.
Patrick Lyttle had been travelling around Australia since last June and met his brother and their father in Sydney in late December.
Barry Lyttle will return to court for sentencing on April 24th.
