Ballina brothers Jarett and Tory Martin-Manton sentenced for stabbing
A court has heard the victim of a Byron Bay stabbing was “not blameless” and contributed to a fight despite suffering numerous wounds from broken glass.
Police & Courts
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Two Ballina brothers who stabbed a man in Byron with broken glass in a late-night brawl have been spared more time behind bars.
Jarett Martin-Manton, 26 and Tory Martin-Manton, 25, had both earlier pleaded guilty to reckless wounding in company.
A further offence of affray was taken into account for both men when they were sentenced in Lismore District Court on Friday.
Judge Warwick Hunt said their victim, Gregory Martin, was “not blameless” in the incident that unfolded shortly after midnight on September 20 last year.
The court heard Mr Martin was in Apex Park in Byron Bay with another man after having visited a number of licenced venues when the brothers and their group of friends entered the area.
All of the men involved had been drinking.
An initial fight broke out between Mr Martin and other members of the Martin-Mantons’ group.
Judge Hunt found the brothers “behaved well and over what was called to in response to any level of provocation”.
Tory was the first of the brothers to fight Mr Martin but Jarett got involved shortly afterwards, the court heard.
Punches were exchanged in various directions.
The court heard the fighting also stopped at times but then escalated.
The brothers inflicted numerous stab wounds and other wounds upon Mr Martin.
The court heard Tory picked up the neck of a broken Jack Daniels bottle and his brother then armed himself with another broken bottle.
Security guards from the nearby Byron Beach Hotel grabbed Tory after they saw him stab the victim in the back.
Mr Martin received “numerous” wounds, including to his neck, back, head and shoulder.
Judge Hunt said it was relevant that the victim “continued to physically engage himself” to the escalation of the fight.
He said the interaction with the brothers went on longer and went on at stages as a result of Mr Martin’s actions.
He said all three men were lucky the injuries weren’t far more serious.
“There was a risk of substantial harm although substantial harm wasn’t occasioned to the victim,” he said.
“Both the victim and each of these offenders are incredibly lucky (the injuries) didn't interact with vital organs.
“It’s just a matter of dumb luck they weren’t deeper or more serious than they were.”
Judge Hunt acknowledged evidence of personal difficulties faced by brothers and the fact they had both undertaken work to apply themselves to employment since being granted Supreme Court bail.
The pair had been remanded in custody for 45 days since their arrest.
The court heard Tory suffered an eye injury serious enough for police to take him to Byron Central Hospital.
“They are lucky to be boys that have a significant level of family support,” Judge Hunt said.
He found both of the men, who penned letters of apology to the court, were remorseful for their actions.
They both received three year intensive correction orders which will expire on November 4, 2024.
Among other conditions, they will be explicitly prohibited from taking any prohibited drugs under the orders.
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