A 20-year-old Prospect man who kicked a man in the face at the end of a vicious group bashing has received a discounted sentence because of his willingness to give evidence in upcoming trials.
Jake Douglas Herlihy was sentenced on Monday to four years and nine months' jail for his part in the attack on an associate at Waverley on January 9, 2018.
He pleaded guilty to aggravated armed robbery and intentionally causing grievous bodily harm. Herlihy was one of four men who allegedly set upon a 47-year-old man and gave him what Justice Robert Pearce described as a "prolonged, vicious and brutal beating".
Towards the end of the beating the then 18-year-old kicked the man in the face as he lay covered in blood on the floor.
"The kick was a savage and cowardly act to a man already severely injured," Justice Pearce said.
"The location of the blow is consistent with some of the more serious injuries he received."
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The man's injuries included fractured cheekbones and eye sockets, a dislocated lower jaw and fractured ribs, which were delivered in part by the use of a chair leg.
He was kept in an induced coma for five weeks and spent a further five weeks in hospital.
Justice Pearce said that he had discounted Herlihy's sentence by 20 per cent because of his guilty plea and his willingness to give evidence in upcoming trials.
"You have agreed to give evidence in two further trials that will be necessary and your evidence will be of some value," he said.
"That will make your life more difficult in jail and you are scared of what might happen."
But Justice Pearce said that if Herlihy failed to cooperate the sentence could be reviewed and subject to appeal.
The court heard that the men had lured the victim to the Waverley unit with the aim of stealing crystal methamphetamine and cash from him.
Herlihy, who was originally charged with attempted murder, received $400 from the robbery.
Justice Pearce ordered a non-parole period of two years and 18 weeks.
His sentence compared with one of five years and six months handed to a co-accused Clinton Wilson in December 2019.
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