An Irish tourist will escape the mandatory minimum “one punch” charge for hitting his brother in Kings Cross over the weekend because he didn’t meet the legal alcohol threshold.
The law requires an attacker to have a high-range blood alcohol reading of 0.15 or more, to be convicted of a one punch attack.
Barry Lyttle blew less than 0.079. The legal blood alcohol concentration limit for most drivers in NSW is 0.05.
Superintendent Michael Fitzgerald said the incident is not alcohol-related, rather it is a “family tragedy that has happened to occur on our streets”.
Barry Lyttle, 33, charged with recklessly causing grievous bodily harm after punching his brother Patrick, 31, in the head following an argument outside a nightclub at 3am on Saturday. He was bailed on Monday morning.
Patrick Lyttle underwent a craniotomy on Saturday to relieve the pressure on his brain resulting from the injuries he sustained. He remains in intensive care in a serious but stable condition.
The incident comes almost a year to the day after death of 18-year-old Daniel Christie in Kings Cross. He died in hospital 11 days after the attack.
In May, Hugh Bacalla Garth became the first person charged under the new laws, which include a new minimum sentence of eight years for fatal one-punch assaults.
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