Brothers Brandon Adam Dower, Alex Benjamin Dower jailed for attack on Herbert Schmidt in Hungry Jack’s carpark

Two brothers have been jailed for bashing an elderly man who was out collecting recycling cans in an attack a judge described as “utterly deplorable.” Brandon Adam Dower, 21, and Alex Benjamin Dower, 23, pleaded guilty to bashing 78-year-old grandfather Herbert Schmidt in a Hungry Jacks carpark, leaving him with serious head injuries. CCTV footage of the attack in Jindalee on August 2 last year showed the brothers pushing the victim to the ground before punching and kicking him. Mr Schmidt spent seven days in Royal Perth Hospital seeking treatment to prevent him losing his eyesight. The court heard Mr Schmidt was on his early morning walk collecting cans with a torch at 3am when he was approached aggressively by Brandon. The brothers were drunk and doing burnouts in a vehicle in the carpark when they saw the torch light and formed the mistaken belief that Mr Schmidt was filming them. Prosecutor Nick Versteegen described how Brandon approached Mr Schmidt in an “aggressive manner,” prompting the old man to spray him with pepper spray. Brandon pushed Mr Schmidt to the ground and Alex approached and stomped on him nine times. The younger brother than kicked the elderly man repeatedly in the head. In sentencing the brothers, Judge Linda Petrusa told them, “this was a persistent attack by the two of you on this defenceless old man’. Judge Petrusa said although Mr Schmidt had made a full physical recovery, “I have no doubt that this has left a psychological scar on Mr Schmidt. I am told he suffers from anxiety now and he has some dizziness”. “You have robbed this elderly gentleman of his enjoyment of life,” she said. Lawyers for the brothers said they both expressed remorse for their actions. Brandon’s lawyer Neish Rados said at the time her client’s biggest concern was losing his licence. Alex’s lawyer Nicolas Brookes said his client became involved when his younger brother was pepper sprayed. Judge Petrusa said Mr Schmidt had the right to defend himself. Brandon was sentenced to three and a half years to be eligible for parole after one year and 10 months. The sentence was backdated to his arrest on August 2 last year. Alex was sentenced to seven years jail for the assault on Mr Schmidt and for breaching three previous suspended sentences for violent offences. He will be eligible for parole after five years with the sentence also backdated to the day of the attack.