Melbourne, Feb 17: The age of the attackers came in handy in one of the racial attack case on Indians in Australia, the Australian Court on Wednesday, Feb 17 suggested the release of the attackers, despite terming the attack as 'extraordinarily grave'.
Victorian County Court judge Christine Thornton, said that taking into consideration the age of the two teenage attackers, age 17 and 18, she suggested that the duo should not be locked up again for the Dec 2008 incident, a news agency report said.
However, the assault was termed by Thornton as 'extraordinarily grave'.
The attackers will face their re-sentencing shortly, after an appeal against the sentencing was made by director of public prosecution (DPP).
The system make is mandatory for Thornton to re-sentence the two boys, even if she does not increase their jail terms, the report said.
The duo were involved in unprovoked attacks in an Indian convenience store in Sunshine, in which eight men were wounded, out of which one sustained permanent brain injuries and was in coma for 15 days.
Chief crown prosecutor Gavin Silbert SC informed the court that 27 year old Sukhraj Singh was attacked with a piece of wood by the older brother which left him unconscious and bleeding with multiple skull and face fractures.
Singh was told that he had sustained permanent brain injuries and had chances of suffering from epilepsy.
Silbert said that the younger brother had asked the Indian men prior to the attack whether they were 'Singh or Desi', which he pointed out was a racist comment.
He added that one of them where hit without warning after they replied that they were 'Singh boys'.
After the viewing the entire incident which was captured in the CCTV, Thornton had said that it was a very serious attack and brothers were sentenced in the Children's Court to 12 months in a youth detention.
The duo were later released on parole.
However, the DPP appealed for the re-sentencing of the older brother to two and a half years and the younger to two years, stating that 12-month sentence for the injuries caused were inadequate.
Calling the attack to be 'extraordinarily grave' and 'entirely unprovoked', said that racial motive behind the attack was apparently evident.
"It was committed in company. It involved weapons. There is a racial motive apparent in this," Silbert told the court, adding the culpability is relatively high".
The duo accepted the charges of intentionally and recklessly causing serious injury and theft.