Two brothers were "up to no good" on the day they bashed a top Victorian police officer, with one spared jail because of his tragic background.
Jay Stephens, 21, and his brother Isaiah, 19, admitted recklessly causing serious injury over the attack last June.
The pair bashed Victoria Police assistant commissioner Chris O'Neill on the grounds of the elite St Kevin's school at Toorak.
"It was needlessly started by you, Jay Stephens, and you, Isaiah, stupidly joined in," Victorian County Court Judge Paul Lacava said of the assault on Monday.
The brothers had abused tennis players and train passengers before they were kicked off at Heyington station, where Mr O'Neill spotted them.
"His instincts and training told him that the two of you might be up to no good," the judge said.
The victim followed them to the school grounds, where Jay Stephens launched the attack.
"What are you looking at you old c***" and "you're f***ed", the then 20-year-old said before the assault.
The pair had been drinking alcohol during the day and the older brother took eight Xanax anti-anxiety pills before the assault.
The younger man was also in a "drunken state" and joined in the bashing after he saw his brother was fighting.
Mr O'Neill was left with broken ribs, bleeding on the brain and in the chest and spent two days in hospital.
Jay Stephens blamed the attack on the alcohol and drugs he'd taken because he was depressed about not seeing his young child.
But the judge said it was "no excuse" for his behaviour and the attack on the assistant commissioner.
He also had prior convictions in Queensland for violent offending.
The older brother was jailed for 20 months but has already served 336 days, leaving less than nine months left in prison.
However, the judge took into account both of the brothers' "deprived and tragic" background including violence, neglect and drug use in the family home.
Meanwhile, Isaiah Stephens had no prior criminal history, complied with his strict conditions while on bail, was remorseful and planned to improve his life.
He was ordered to serve a two-and-a-half-year community corrections orders.
"It's in a nutshell to help you," Judge Lacava told the 19-year-old.
The judge asked the young man to step out of the dock and addressed him directly about the sentence.
"A lot of people have put in a lot of work ... please don't let them down. I know you won't."
Australian Associated Press
