Von Stanke brothers who killed Rex Court at Mount Gambier want home detention sentence

It took two brothers just 39 seconds to bash a man to death, before they fled the scene, burned their clothes and hid their car. But today they asked a judge to release them from jail and allow them to serve their sentence on home detention.

Jordon and Dominic Von Stanke at the Adelaide Magistrates Court for an earlier hearing.

It took brothers Dominic and Jordon Von Stanke just 39 seconds to bash a man to death, before they fled the scene, burned their clothes and hid their car.

But on Monday they asked an Adelaide District Court judge to release them from jail and allow them to serve their sentence on home detention.

The pair have pleaded guilty to manslaughter over the death of 32-year-old Rex Court at Mount Gambier in 2017.

Marie Shaw QC, for Jordon, said the brothers were young at the time of the attack, had no relevant criminal history and had shown genuine remorse for their actions.

“My client, who was only 23, and his brother, who was only 19, made that split-second error of judgement and the consequences were catastrophic,” she said.

Supported by counsel for Dominic, Ms Shaw asked Judge Geraldine Davison to impose a non-parole period of no more than two years and allow the brothers to serve their sentences at home.

Victim Rex Court.

That would take into account time since their arrest they had already spent on home detention bail and time spent in custody.

However, prosecutor Mark Norman SC said the manslaughter was very serious because Mr Court was outnumbered and the attack continued after he was likely unconscious.

“Within those circumstances, it can’t be said that anything other than an immediate and very significant custodial sentence is sufficient,” he said.

Mr Norman said, on the night of the incident, the pair were told during a phone call their brother’s friend was being attacked, but by the time they arrived the fight was over.

He said Mr Court was not acting in a violent or threatening way when the men set upon him.

“He was alone, he was unsupported, he was outnumbered and he was attacked,” he said.

“He’s grabbed by Jordon Von Stanke, he’s thrown to the ground, he’s then set upon.

“And then, of course, we have the final act of shocking violence where Dominic Von Stanke picks him up and throws his head against the pavement.”

The court heard the Von Stanke brothers were at the scene for only 39 seconds before they fled, burned their clothes and hid their car.

Mr Court was left with severe head injuries and died after being flown to Adelaide for emergency treatment.

In a victim impact statement read to the court in December, his sister Samantha Warner said the brutality of the attack “chills me to the bone”.

“You kept going when he was unconscious, when you knew what you had done was so wrong,” she told the Von Stankes.

“You left him there to die.”

Judge Davison remanded both men in custody for sentencing later this month.