KARL Sibley and his family wept during a final embrace in Orange District Court on Wednesday after Sibley was sentenced to two years in jail, with a non-parole period of 12 months, for an assault on Tom Brown in January, which left the victim with critical head injuries.
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Judge Paul Lakatos described the injuries caused to Mr Brown and the jailing of Sibley as a tragedy, with consequences for both men.
He said a letter of apology written to Mr Brown’s parents the day after the assault, while Sibley was in custody, was an indication of Sibley’s remorse.
“It is rare, in my experience, that a person has, well before criminal proceedings have been taken, undertaken for such a letter to be written and undertaken community service as he has done,” Judge Lakatos said.
In his letter to Mr Brown’s parents Sibley said “I don’t remember what happened last night, but I have been told I hurt your son. I am a gentle person and I don’t like drugs or violence ... again I am so sorry.”
Judge Lakatos said the severity of the injuries to Mr Brown, which caused ongoing medical problems, warranted a jail term.
The court heard Mr Brown suffered a skull fracture and intracranial bleeding and underwent emergency neurosurgery at Westmead Hospital after Sibley followed the victim from a party and punched him once in the head outside a house in Honeyman drive on January 25.
After the initial surgery, Mr Brown developed pneumonia, sepsis and blood clots before coming out of a coma on February 19.
His ongoing health issues include long-term reliance on anti-coagulant drugs to avoid blood clots, fatigue, struggling to find words, not being able to engage in any contact sports and the loss of his sense of smell.
He said Mr Brown had lost income and fallen behind in his plumbing studies.
Judge Lakatos said he took into consideration a level of provocation by Mr Brown, who used his cupped hand to touch Sibley and other male guests at the party on the genitals, and that Mr Brown had knocked a beer out of the hand of the accused, calling him a “faggot”.
“This has been a very difficult decision which gives me no joy,” Judge Lakatos said.