Suspended sentences over bashing death of homeless man Ricky Dermody
Two men who punched and kicked a homeless man who later died have been given suspended sentences in the Northern Territory Supreme Court.
The Darwin Supreme Court heard Zachary Wurramarrba, along with a 16-year-old and a 17-year-old, attacked the homeless man at Casuarina shopping centre in October 2013.
Wurramarrba pleaded guilty to assault and was given a suspended sentence, while one of his co-accused pleaded guilty to engaging in conduct that gave danger to serious harm. He was also given a suspended sentence.
The other co-accused pleaded guilty to engaging in violent conduct causing death, but will not be sentenced for another two weeks.
Justice Judith Kelly heard the incident happened after the accused men asked homeless man Ricky Dermody for a lighter and Mr Dermody began making racist remarks.
A few days later the men, who were drunk, were in a larger group and saw Mr Dermody again, according to evidence.
Justice Kelly said Mr Dermody, who was also drunk, spat in one of the boys' faces and again made racist remarks.
Wurramarrba and the 16-year-old then began punching and kicking Mr Dermody, Justice Kelly found.
Mr Dermody was swinging punches and threatening the group with a broken glass bottle, the court was told.
The 17-year-old then kicked Mr Dermody in the head, according to evidence.
Mr Dermody died in Royal Darwin Hospital five days after the incident.
An autopsy found he suffered from extensive brain damage, a broken jaw and had a high blood alcohol reading.
Justice Kelly read out a Victim Impact Statement by his daughter to the court.
It said she was estranged from her father for many years and had only just reconnected with him.
"I've now lost that second chance. I won't have a father to walk me down the aisle, to have father-daughter chats with, and my future kids won't have a grandfather," she said.
During sentencing Judge Kelly said she needed to send a message about alcohol-fuelled violence.
"There is too much drunken violence in this community. I want this sentence to show the community that this violence has to end," Justice Kelly said.
The court heard Wurramarrba had been employed on Groote Eylandt since the incident and had good prospects of rehabilitation.
He and the 17-year-old were sentenced to a two-year, seven-month suspended sentence, subject to strict conditions that included not taking alcohol or drugs, and keeping a job.
