A VICIOUS assault of two elderly Hervey Bay men has been described as "less serious" than many other cases in a judgment dismissing an appeal for longer jail time for the attacker.
The Attorney-General argued Dylan Bradley Castle's four-and-a-half year sentence for the unprovoked beating on July 1, 2013, should have been longer.
He fought for the suprise attack to be declared a serious violent offence to ensure the 25-year-old would have to serve more of his sentence.
But Justice Hugh Fraser described the assaults, which have haunted the victims and left them frightened to be in public, as "less serious" in a Court of Appeal judgment handed down on Friday.
"In particular, the respondent committed the offences alone rathern than with co-offenders, he did not use a weapon, and the complainants' injuries were fortunately much less serious than those which have been seen in many other cases," he said.
Graham Law, 64, and his 73-year-old brother-in-law, Terrence White, had travelled from Hervey Bay to Brisbane so Mr Law could receive cancer treatment.
The night before he was to have the treatment, Castle brutally bashed them outside a Brisbane hotel.
CCTV footage showed the 25-year-old hitting Mr White in the head, then shoving Mr Law to the ground.
He viciously kicked Mr White seven times in the head, then punched him three or four times in the head when he tried to sit up.
Castle walked away, then returned to kick one of the men in the side of the head.
Both men suffered numerous injuries, with Mr Law having to delay his cancer treatment by a month and Mr White forced to have titanium plates and screws inserted into his face.
When Castle pleaded guilty to serious assault and grievous bodily harm against the men on May 2, 2014, it was not his first time before the court for assaulting people.
The judgment detailed how Castle, who had recently lost his job, was drunk and on methamphetamines at the time of the attack.
The court heard at sentence how death of his father triggered his drug abuse and a psychiatrist's report stated he was suffering from depressive symptoms after his mother was diagnosed with cancer.
The Attorney-General argued instead of getting professional help, he had turned the alcohol and drugs.
Castle will be eligible for parole on January 2, 2015.
- APN NEWSDESK