THE youths who attacked an Indian student and left him blinded in one eye have all avoided jail.
Majang Ngor, 20, the last of the gang to face court, was yesterday given an eight-month suspended jail term for the unprovoked attack on Kanan Kharbanda in Melbourne in 2008.
Prosecutors had wanted him jailed for four years.
But Judge Susan Cohen said this would be unjust, given the penalties imposed on gang members who were more culpable. Ngor hadn't been an instigator or a ringleader.
At least three other youths - who can't be named because of their age - were given nine-month youth supervision orders in the Children's Court.
The Director of Public Prosecutions is appealing against those sentences.
Ngor pleaded guilty in the County Court to recklessly causing serious injury, intentionally causing injury, robbery, and attempted robbery over the attack.
Mr Kharbanda, an accounting student, had been walking a friend to a railway station in the suburb of Sunshine when he was attacked.
One of Ngor's group demanded a dollar before hitting Mr Kharbanda in the face. Others joined in, kicking and punching; Mr Kharbanda's friend was also hit and kicked to the ground.
Mr Kharbanda suffered a fractured eye socket and broken nose. He has lost the sight in his right eye.
Crime Victims Support Association president Noel McNamara said it was beyond belief that the youths had been let off "scot free".
"It's disgraceful. The Indian community has the right - all citizens have the right - to be up in arms about it," he said.
Ngor told police they'd been drinking at a party and one of the group had suggested they go "hustling".
He admitted joining the pack, but denied striking either victim.
Judge Cohen said the Sudanese refugee had since worked hard to reform himself.
To his credit he'd finished year 12, got a stable job, and had stopped binge-drinking.
She said he hadn't caused the worst injuries, but had helped those who did. Violence at railway stations was of major public concern, but the matter was "less serious" than if weapons had been used.
The judge suspended the jail term for 15 months and ordered Ngor to do 40 hours of community work, saying the greatest public benefit would come from his rehabilitation.
Shadow attorney-general Robert Clark said it was extraordinary that none would spend time behind bars.
