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A Canberra man has avoided jail time for his part in a vicious attack on two men who were crossing Northbourne Avenue ''minding their own business''.
Patrick Gillies, 24, told the ACT Supreme Court through his lawyer that he thought his mother was in danger when he set upon the pair shortly after 6pm on June 28 last year.
According to a statement of facts, the victims were crossing the road when they heard someone call out expletives, and turned to find Gillies, his mother, Lisa Chatfield, and another woman, Maria McIntosh, following them.
Gillies caught up to the men on the median strip and repeatedly punched one of them, then tackled the second, who suffered blows from one of the women before freeing himself and calling police.
The trio then attacked the first man, kicking him in the head as he lay on the ground.
They went across the road and returned with a shovel that Gillies used to beat the man, yelling, ''I am going to kill you, c---.''
One of the women repeated the assault, then, when the man tried to get to his feet, Gillies whacked him between the shoulders.
Police later arrested the assailants and the man was taken to Canberra Hospital with facial injuries, a scalp wound and broken teeth.
Yesterday, the court heard Gillies, who pleaded guilty to assault occasioning actual bodily harm, was drunk at the time of the offence and had mental health problems.
Justice Richard Refshauge said sentencing Gillies for his part in the ''vicious, brutal, prolonged and apparently unprovoked'' attack in Braddon was difficult, partly because he had no previous convictions.
Gilles did not give evidence and provided no explanation for the violent assault, other than that he felt his mother was in danger and he would ''do anything to protect [her]''.
But Justice Refshauge said there was nothing in the statement of facts that indicated Gillies had a reason to attack ''two men apparently minding their own business''.
A pre-sentence report said Gillies had dropped out of school because he felt he was being racially vilified, and had never held a job.
He started drinking heavily in his early 20s, when his mental health problems increased, but said he had not drunk since the incident save for at Christmas.
Justice Refshauge gave Gillies a nine-month prison sentence, fully suspended on him signing a two-year good-behaviour order and 50 hours of community service. The court heard Chatfield was sentenced to six months of weekend jail for her part in the attack and that McIntosh was given an eight month suspended sentence with a two-year good-behaviour order, and that both women had significant criminal histories.
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