Michael David Magarry, 34, has been sentenced for a serious 2017 assault along with his brothers Blaine Terrence Magarry and Timothy Sean Magarry.
Michael David Magarry, 34, has been sentenced for a serious 2017 assault along with his brothers Blaine Terrence Magarry and Timothy Sean Magarry.

Frenzied attack lands three brothers with three sentences

A DISPUTE between friends that spiralled into a ferocious brawl has landed three brothers with convictions.

It began when Blaine Terrence Magarry, 27, known as "Terry", got wind of a dispute involving his sister, his friend Karl Sternbeck and another man.

Terry texted Mr Sternbeck asking: "Did you tell my sister you were going to annihilate my family?" and the pair planned to meet for a one-on-one confrontation early on the morning of July 16, 2017.

But Timothy Sean Magarry, 25, and Michael David Magarry, 34, met their brother at the scene.

Judge Dina Yehia described what then unfolded as "a sustained attack ... involving a degree of ferocity" when she sentenced the men before Lismore District Court on Tuesday.

Terry, who didn't enact violence toward Mr Sternbeck but pleaded guilty to one charge of affray, received a two-year community corrections order and 50 hours' community service.

His brothers, who waged ongoing attacks on their victim, faced more serious penalties for the offence of recklessly causing grievous bodily harm.

The men met on the corner of Kennedy Drive and Gray St and Sternbeck, accompanied by a friend, retreated to a nearby unit when he saw the group.

While Terry threw a wine bottle up at the unit's windows, Michael followed the victim up the stairs before assaulting him with a bottle and a broken golf club.

After running back toward the street, Mr Sternbeck was knocked to the ground and repeatedly kicked and punched.

Outside a nearby service station, part of the incident was captured on CCTV.

There, he was again knocked to the ground, punched and kicked.

Timothy assaulted him with a wooden post and Michael punched him in the head three times.

Mr Sternbeck was holding a hammer, which his girlfriend handed him for "self-defence".

Timothy told the court he'd believed this was a knife at the time.

CCTV and a video, shot by Mr Sternbeck's girlfriend, showed parts of the frenzied incident.

Mr Sternbeck - who later required surgery - suffered facial and rib fractures, an eye socket fracture and other injuries and Judge Yehia said it was difficult to distinguish who was responsible for each of these.

"Due to the number of attackers and the nature of the assault ... it's unclear who caused which injuries," Judge Yehia said.

While she found Mr Sternbeck was initially "just as enthusiastic about having a one-on-one confrontation with Terrence as Terrence was", she wasn't persuaded he provoked the brutal attack.

But she also found Michael and Timothy hadn't planned to unleash the violence they did.

"Once at the scene, however, the violence escalated quickly," she said.

Judge Yehia found Michael was "the instigator of the physical violence" while Timothy, despite his repeated assaults upon the victim, was "very much the impressionable young brother".

"Timothy said he followed his brother and as the violence escalated he became lost in it," she said.

Michael, however, was serving a 12-month probation period for a serious assault on police and public nuisance offence in Queensland at the time of the incident.

"This type of street violence in company must be met with condemnation and punishment," Judge Yehia said.

She sentenced Michael to three years' prison, including 18 months without parole, and Timothy received a two-year intensive corrections order and 150 hours' community service.



YOUR SAY: Rate hike for Lismore residents

premium_icon YOUR SAY: Rate hike for Lismore residents

Residents have reacted to the council's decision to apply for a SRV

Water restrictions for region expected to kick in soon

premium_icon Water restrictions for region expected to kick in soon

Strict new rules on consumption for residents could be here soon

Man guilty of dog rape, sexual assault back in court

premium_icon Man guilty of dog rape, sexual assault back in court

The Bangalow man has pleaded guilty to 96 charges