One-punch brother Barry told he won't be going to jail for attacking younger brother

Patrick Lyttle leaves hospital in February after weeks of treatment
Patrick Lyttle leaves hospital in February after weeks of treatment

An Irishman who carried out a one-punch assault on his brother has been told he will not be going to jail for the attack.

Barry Lyttle (33) was today given a 13-month suspended sentence at an Australian court for punching his brother during an incident outside a nightclub in Sydney in January.

The 33-year-old pleaded guilty to the attack on his brother Patrick (31) in the early hours of 3 January. Patrick spent a week in an induced coma before making a miraculous recovery following the attack. 

He was released from hospital on 3 February after recovering from serious head injuries. 

Lyttle was facing up to two years in prison having pleaded guilty at Downing Centre Local Court, but his brother vehemently pleaded for leniency from the court. 

At a court in Sydney, Magistrate Graeme Curran sentenced him to 13 months but suspended the full term. 

Speaking to the court he said the actions of Mr Lyttle were "reckless" but that the defendant posed no problem to the community. 

"In my view, given what I have said as to his good character and his realisation and acceptance of responsibility for his actions at an early stage, I would conclude that protection of the community from this offender and his rehabilitation are also not major considerations", he said. 

He took into consideration the good character of the defendant, the offence not being planned in advance and the likelihood of him re-offending. 

"After consideration of all the issues the circumstances of this case persuade me that this is such a case that is appropriate to be dealt with by way of a suspended sentence. 

"This, of course, will be predicated upon the defendant entering into a good behaviour bond for a period of the sentence, namely 13 months."

His brother Patrick also pleaded with the court to allow his brother return home. 

"When my family is healed I will be healed,” he said in a victim impact statement. Victims often want to see deterrence. But everyone can see how much my brother has suffered."

They were seen embracing each other after the verdict was handed down.