A man was kicked in the head until he was in a permanent vegetative state because he had cowered like a dog, a court has heard.
Michael Jacob Connelly, 30, of Brisbane, was sentenced to 10 years in jail in the Brisbane District Court on Wednesday after pleading guilty to committing grievous bodily harm on 34-year-old Horst Highlands.
The court heard Mr Highlands is now in a vegetative state and is comparable to a "dead man living".
The attack occurred on October 7, 2007 in King Street, Caboolture.
Crown prosecutor Caroline Marco told the court the two men were in a yard 450 metres down the road in Christine Street, before Connelly started chasing Mr Highlands.
It is unknown why the chase occurred as Mr Highlands can no longer communicate or move any of his limbs or his head.
The court heard that Mr Highlands was screaming for help as he ran and tried seeking protection in a number of homes, but was turned away each time.
He then rolled onto his back on the ground and put his feet up in the air in an attempt to protect himself.
Connelly then kicked Mr Highlands in the head at least five times, fracturing his jaw in several places and causing brain damage.
When asked by police why he kicked Mr Highlands, Connelly replied: "Because he cringed up and rolled up like a bloody f***ing coward, like a bloody f***ing dog. That's what he did, man."
Connelly's defence lawyer Chris Wilson argued his client had been brought up in an abusive environment and had a drinking problem.
Connelly also cooperated with authorities and was not armed or in company during the offence, Mr Wilson said.
While Ms Marco sought an eight-year prison sentence with a serious violent offender order, Judge Nicholas Samios handed down a 10-year sentence and a serious violent offender order.
Judge Samios said despite there being no weapons involved, it was the worst possible result from a grievous bodily harm offence.
The judge also took into account that Connelly had breached a suspended sentence at the time for another offence.
"You chased a man down who was calling for help and who wanted nothing to do with a confrontation," Judge Samios said.
"You were not a youthful offender and you have a previous criminal history of violence."
He also noted that Connelly was not remorseful for his actions at the time of the crime and had left the scene.
Connelly has already served 621 days of his 10-year prison term in pre-sentence custody.
A serious violent offender order means he will have to serve 80 per cent of his sentence before being eligible for parole.
aap 10 Jun 2009
This is how the legal system treats it criminals. The offenders are released back into the community, then re-offend, and only a matter of time when they kill.
They do not posses any threat to the law-makers, and alike, but the the community at large, so the judges do not care about the sentences.
There are no excuses (abusive environment), and this trash breeds trash and DOES re-offend.
Castrate them and put them down.
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