NSW: Brother of Sydney QC jailed over bashing

AAP General News (Australia)
12-19-2001
NSW: Brother of Sydney QC jailed over bashing

By Ruth Peters

SYDNEY, Dec 19 AAP - The brother of a NSW senior barrister has been sentenced to three
years' jail for the drug and alcohol induced bashing of his uncle.

Graham Bruce Higgs, 47, had pleaded guilty to maliciously inflicting grievous bodily
harm in the bashing of 60-year-old John Malin.

He also bit off Mr Malin's finger during the August 5, 2000, attack.

Higgs is the brother of Sydney Queen's Counsel (QC) David John Higgs.

In sentencing Higgs, Judge Robert Bellear told the NSW District Court the seriousness
of the injuries warranted a prison term.

However, Judge Bellear took into account Higgs' attempts to rehabilitate his 25-year
drug and alcohol addiction.

He sentenced Higgs to three years, two months and one week jail with a non-parole period
of 18 months.

The court heard on the afternoon of August 5 last year, Mr Malin visited his nephew
at Higgs' request because he had been feeling lonely and needed company.

When Mr Malin arrived at the home unit at around 2pm, Higgs, who had been smoking cannabis
and drinking, had a picture of his parents strapped to his chest, chairs were upturned
and a number of ornaments were scattered around the lounge room.

Higgs then ordered Mr Malin not to touch anything, saying the "Mafia" was after him.

Over the course of Higgs' violent rage he threatened his uncle with a knife, attacked
him with a golf club and umbrella, bashed him around the head and bit his right index
finger.

Judge Bellear said Higgs used these objects as weapons of harm and the consequences
of which could have resulted in death.

"He used it (the umbrella) in such a fashion that it became an offensive weapon used
to inflict serious bodily harm," Judge Bellear said.

He said Mr Malin had to have his finger amputated, and also suffered internal laceration
to his throat and multiple head and neck injuries.

"These offences ... are very serious and the injuries suffered were extensive and also
very serious," Judge Bellear said.

Judge Bellear accepted Higgs had made "exceptional" progress at the Salvation Army's
Westside Mission rehabilitation centre since being released on bail on June 18, 2001.

The court heard in letters from family members that Higgs' actions were "out of character",
but he found life very hard, was lonely and had feelings of rejection.

It is a condition of the sentence that Higgs undergo continuing rehabilitation for
his drug and alcohol problems on release, the judge said.

AAP rhp/nf/cjh/sb

KEYWORD: HIGGS

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