Brothers claim rock throw led to attack

What should have been a relaxing night watching a rugby league game imploded when two Ipswich brothers attacked a neighbour.

AWAITING SENTENCE: Ben Briody leaves court after appearing on an assault charge. Picture: Ross irby

WHAT should have been a relaxing night watching a rugby league game imploded when two Ipswich brothers attacked a neighbour.

A court this week heard the worst offender was Ben Briody, who smashed his way into the next door neighbour's house before striking him with a PVC pipe.

Ben's older brother Michael Briody didn't enter the neighbour's home until after the pipe was broken and the serious assault had ended.

Ben Joseph Briody, 34, from Redbank Plains, pleaded guilty in Ipswich District Court to break and enter while armed at Redbank Plains on September 23, 2017; and unlawfully assaulting and causing bodily harm.

Ben's case was adjourned to May 21 for sentence to allow time to gather medical evidence.

Michael Timothy Briody, 36, from Sadliers Crossing, pleaded guilty to the charge of assault causing bodily harm in company. His sentence proceeded.

Crown prosecutor Noel Needham explained the background to the assault, saying Michael (pictured below at Right) went to his brother's house to watch a football game.

Michael Briody was given a suspended jail term. Picture: Ross Irby

He said there had been a verbal altercation with the neighbour earlier that day about a dog.

While watching the game a loud noise was heard that the brothers believed to be caused by a rock thrown by the neighbour.

Mr Needham said Ben grabbed a PVC pipe and ran to the man's house.

"The man was home with his mother, aged in her 60s, when he heard glass breaking on the front door," said Mr Needham.

"Ben assaulted him with the fishing rod holder (PVC pipe)."

Mr Needham said the pipe was used with such force it shattered.

The Crown case was that Michael (Pictured at right) went into the house to remove Ben but while the victim was on the ground Michael punched him, and Ben kicked him the man in the ribs.

Defence barrister Ben McMillan said Michael Briody was a self-employed truck driver. At the time of the assault he was suffering depression and grief at the failure of his marriage.

Mr McMillan said Michael was trying to stop his brother Ben getting into trouble.

"Michael went into the house next door with the intention to remove Ben, not commit an offence," Mr McMillan said.

Judge Alexander Horneman-Wren SC said the men made the assumption a neighbour had thrown a rock and Michael had punched the victim who was helpless, the home invasion terrifying to the residents.

He noted he was convicted more than a decade ago for armed robbery with violence; his brother the co-offender. Michael was sentenced to nine months jail with immediate parole.