THREE of the four men originally charged in relation to a vicious assault which resulted in the death of Port Macquarie teen Mitchell Voysey and the permanent disability of Luke Blundell in 2010 have ultimately avoided jail.
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The tragic series of events could not have been anticipated to unfold as they did, a Supreme Court has heard.
Brothers Wayne Nickolas Galbraith, 28, Brendon David Galbraith, 26 and Robert James Galbraith, 22, appeared for sentencing at the Port Macquarie Supreme Court on Friday, April 5, 2013.
In November last year, a jury found Wayne guilty of causing grievous bodily harm to a person with intent, and Brendon and James guilty of recklessly causing grievous bodily harm.
But in two separate hearings during 2011, and 2012 the trio were found not guilty first of murder, and later of manslaughter charges.
In his judgement Chief Justice Ian Harrison explained his sentencing would not be concerned with making reparation of Mitchell's death nor with "allocating responsibility for it".
"Most importantly, I make it plain that in light of the juries' verdicts, none of the offenders have been found liable for Mitchell Voysey's death and none of the offenders is to be sentenced as if they had been," his honour said.
The vicious assault occurred shortly after a violent altercation between Brendon Galbraith and a group of Mitchell's friends who were at a house party at Lockslea Place, Port Macquarie on February 26, 2010.
Brendon confronted the teenagers after they engaged in anti-social behaviour including vandalising property on the street and pulling out his letter box, attacking his vehicle and smashing his door.
In the early hours of February 27 when the Galbraiths came upon the same group of teens on Lake Road they abruptly stopped their car.
As soon as he exited the vehicle Wayne ruthlessly attacked Mr Blundell, striking him on the side of his head and rendering him unconscious.
Brendon and Robert Galbraith then began chasing Mitchell.
Brendon stopped because of his asthma, but Robert continued until Mitchell veered onto the road and into the path of an oncoming car.
Mitchell lay motionless as the Galbraith brothers fled the scene without stopping to assist him in any way.
Mr Blundell was left with a fractured skull and permanent deafness in one ear.
Mitchell died in hospital.
Although the Crown and a number of witnesses alleged the brothers had used weapons, Justice Harrison said this could not be proved beyond reasonable doubt.
At the pre-sentence hearing the prosecution and defence were in dispute of events relating to the night of the crime including whether Wayne Galbraith used a metal pole to strike Mr Blundell, whether the men intended to cause serious harm, if the brothers set out to find Mr Voysey and his friends, or whether Mr Blundell suffered long-term medical problems.
Wayne Galbraith will spend a minimum of two years and a maximum of three years behind bars for his assault on Mr Blundell.
Brendon and Robert have been given suspended sentences pursuant to Section 12 good behaviour bonds for their grievous bodily harm charges for a period of one year and 18 months.
They were also given concurrent section 9 good behaviour bonds of two years for their charges of affray.
A fourth man, originally charged with the Galbraiths, was given an indemnity in exchange for evidence.
Justice Harrison said the trio were in disbelief of their predicament and expressed deep and genuine remorse for their actions.
