Emma Channon

Brotherly biff ends in court

A WARWICK teenager on probation for his part in a "cowardly attack" which left a man in intensive care last year has been brought back before the courts for similar offending.

Xylon Ray Smith appeared in Warwick Magistrates Court yesterday, where he pleaded guilty to assault occasioning bodily harm.

The court heard Smith became embroiled in a physical fight with his 25-year-old brother outside a Warwick licensed premises on April 15.

In just February of this year, Smith was placed on two years probation after pleading guilty to a similar charge.

Smith and a co-accused pleaded guilty to the 2011 attack, in which the victim suffered a fractured skull and brain haemorrhage and was placed in intensive care.

The sentencing judge gave Smith the benefit of having no conviction recorded against him for the 2011 offence.

Police prosecutor Steve de Lissa initially asked the court to impose a fine against Smith yesterday, but changed his mind after hearing about Smith's performance on probation.

A probation and parole officer yesterday told the court Smith had been "non-complaint" with the order and added the department was likely to seek revocation of the order in the near future.

Snr Const de Lissa told the court that in light of these revelations, Smith would be more suited to a period of jail.

The teenager was in court yet again in March this year, where he pleaded guilty to public nuisance, trespass and wilful damage.

He received a fine for those offences but did not have a conviction recorded against him.

Magistrate Graham Lee yesterday conceded that a jail sentence was the only appropriate penalty for the defiant 19-year-old.

Mr Lee sentenced Smith to a one-month jail term, wholly suspended for three months.

He was also fined $400 and a conviction was recorded against him.

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