SENTENCED: Ben (left) and Michael Briody leave Ipswich courthouse after appearing on assault charges earlier this year. Both brothers have now been sentenced.
SENTENCED: Ben (left) and Michael Briody leave Ipswich courthouse after appearing on assault charges earlier this year. Both brothers have now been sentenced. Ross Irby

Neighbourhood dispute turns ugly during footy

SUSPECTING his neighbour may have thrown a rock at his house, Ben Briody stormed next door, kicked open the front door and beat the man with a PVC pipe.

Ipswich District Court heard Briody, 35, told police he had simply "flipped".

Ben Joseph Briody, a truck driver from Redbank Plains, pleaded guilty to break and enter while armed at Redbank Plains on September 23, 2017; and unlawfully assaulting and causing bodily harm to David Murdoch.

The court heard defence argument with medical evidence that outlined the severity of a post-traumatic stress disorder.

Judge Dennis Lynch QC viewed the medical evidence favourably as being a mitigating factor and sentenced Briody to a jail term with immediate parole release.

In the Crown case, Briody had been home with his brother Michael Briody watching rugby league when the evening went bad.

Crown prosecutor Cameron Wilkins said there had been ongoing animosity between Ben Briody and the neighbour.

An alleged incident that same afternoon over a barking dog preceded Briody's offences four hours later at 8pm.

"They were watching football when a rock, a projectile was thrown at their house. He concluded it was thrown by (the neighbour). There is no evidence he did throw it," Mr Wilkins said.

"He (Ben) went to his ute to get his PVC pipe fishing rod holder. He took the pipe and went to the house, kicked the door open, and forced his way in."

Briody used the pipe to assault his neighbour who lay on the floor trying to protect his head from the blows.

Briody also kicked the neighbour in the ribs after his brother Michael Briody came into the house to take him back home but then the court heard he too took part in the assault.

The assault stopped when the victim's brother intervened.

Mr Wilkins said Michael Briody was sentenced in March to a nine month jail term with immediate parole for his lesser role that night.

The injured man suffered lacerations and bruising to his body and face.

Defence barrister Danae Younger outlined medical and psychiatric evidence that revealed Briody's chronic PTSD, which she said he suffered following an incident where a man committed suicide by jumping in front of Briody's truck in January 2017.

A report from a treating psychiatrist stated that Briody's behaviour was influenced by his PTSD.

Judge Lynch said it was clear there had been ongoing hostility between Briody and his neighbour, with some provocative conduct by the neighbour earlier that day, although there was no evidence he later threw a rock.

Judge Lynch said he was satisfied Briody was suffering a significant mental illness at the time.

Briody was sentenced to an 18-month jail term with immediate parole.



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