A car chase in the west suburbs of Melbourne, Australia ended up in an assault occasioning actual bodily harm by two men. It was reported that stolen tools were used to bash the man who was assaulted, leaving him with serious facial injuries.
The two strangers beat the man with shovel and hammer who had allegedly stolen from a ute parked outside their home. According to the local authorities, the victim was stealing the tools when one of the offenders confronted him and chased him when the victim was driving away with their tools.
When the two strangers were able to chase the victim, they ram their vehicle to his car for him to stop. They then started beating him with the tools allegedly stolen by the victim. The report indicates that the victim was dragged back to the scene of the crash and waited for the paramedics and police to arrive. The victim had to undergo major surgery to repair his fractured nose, cheekbone and eye socket.
The two offenders pleaded guilty to the charges against them, which include assault occasioning actual bodily harm.
Assault intentionally causing serious injury in Victoria is governed by Section 16 of the Crimes Act in which a person who, without lawful excuse, intentionally causes serious injury to another person. Any person who is proven guilty of this crime can be penalized with a maximum of 20 years imprisonment. On or after 1 May 2011, offenders found guilty of committing a serious offence is no longer eligible for a suspended sentence.
The local authorities, to hold the guilt of the offender, must prove that the accused caused a serious to another person; that the said injury was made intentionally; that the same was made without any lawful excuse; and that the serious injury is defined under section 15 Crimes Act 1958.
The possible defences for intentionally causing serious injury differs from case to case, it can be either due to duress, factual dispute, identification dispute, lack of intent, mental impairment, necessity or self-defence. In this case, the offender may interpose the defence of duress and necessity depending on the attending circumstances and sufficient evidence that they may provide.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.