Gosford Hotel: Dylan Brady appeals ‘particularly vicious attack’

A man who flogged a stranger in a “particularly vicious attack” has appealed his sentence because he had brain “deficits” from too much boxing, cocaine and a car accident, a court has heard.

Police released CCTV still images of Brady following the incident. Picture: NSW Police

A 29-year-old man jailed for beating a stranger unconscious at a Gosford pub for no reason whatsoever has appealed the severity of his sentence.

Dylan Brady, of Davistown, appeared at Gosford District Court on Tuesday where his barrister argued his client should be able to serve his sentence in the community because he had brain “deficits”.

Brady’s barrister told the court his client was involved in a car accident, which was “the beginning of his descent into depression” and was also hospitalised following an assault by an unknown assailant.

He said Brady’s neurological deficits were also worsened by boxing and a seizure he suffered after taking too much cocaine and consuming 20 standard drinks.

Brady faced Gosford District Court on Tuesday. Picture: NCA NewsWire / David Swift

Brady pleaded guilty to affray and one count of assault occasioning actual bodily harm after attacking a man in the gaming room of Gosford Hotel about 11.20pm on February 6.

An agreed set of facts states the victim, 40, approached Brady and a woman he was sitting with to borrow a cigarette lighter.

“After about a minute the accused approached the victim and without hesitation or provocation the accused has swung his arm and slapped him with his right hand, striking the victim to the left side of the head,” the facts stated.

The victim put his hand up to block Brady who leant down and head butted him before shifting his weight and swinging a “haymaker” punch at the victim’s head.

He then slapped him again and the victim put his hand up to protect himself.

Brady was identified as the offender after police released CCTV still images from the night of the attack. Picture: NSW Police

The facts state Brady then delivered a “coward punch to the back of the victim’s head” which caused him to slump in his chair.

“The accused has then bent over, put his face near the victim and thrown an upper cut hitting the victim in the head causing him to slouch over the poker machine,” the facts stated.

The court heard Brady was sentenced to an aggregate penalty of 18 months jail with a non-parole period of nine months.

Brady’s barrister told the court his client was only appealing “the affray” component of the sentence and given his mental “deficits” Brady was a candidate for an intensive corrections order (ICO).

Brady’s barrister argued a community-based sentence was enough but the Crown prosecutor argued for full-time custody. (File image)

An ICO is considered the equivalent of a jail sentence but served in the community.

However the Crown prosecutor said there was no evidence of neurological disorders or depression and an ICO was “too lenient of a sentence”.

“Alcohol is the main issue here,” she said.

“What we have here is senseless gratuitous violence.”

Judge Alistair Abadee said Brady’s character references spoke of an adept sportsman and someone who ran a successful concreting business.

Judge Abadee said Brady’s brain “deficits” did not appear to diminish his ability in these two endeavours and the “gravity of offending” in this instance did not qualify for an ICO.

“This was a particularly vicious attack,” Judge Abadee said.

He dismissed the appeal and upheld the sentence imposed in the Local Court.

Brady, who had been on bail since lodging his appeal, was led into custody.