A man accused of repeatedly bashing a male with a piece of timber and abandoning him on a Dandenong roadside has alleged his victim is a rapist, a court has heard.
Police say they found the wounded male victim alone with his phone stolen near Railway Parade during a patrol on 29 April 2017.
He was hospitalised with a fractured skull, left arm and right hand as well as a lacerated liver, the court was told.
Truck driver Harpreet Singh, 27, confessed to the assault after being found with the victim’s SIM card in a phone in Nhill a year later.
Singh had told police that he’d gone looking for the victim in revenge for allegedly raping a female a week earlier, the court heard.
No sexual assault charges have been laid against the bashed victim, police told the court.
In a sentence indication hearing, police submitted for a jail sentence or a combination of jail and a community corrections order given the “multitude and seriousness” of the “random attack”.
“It’s at the higher end of recklessly causing serious injury,” the prosecutor told Dandenong Magistrates’ Court on 10 September.
“An aggravating feature is that the victim was left on the side of the road suffering these injuries.”
A defence lawyer argued for a CCO only, with “extensive” unpaid work hours and an anger management course.
The lawyer said that Singh made full admissions despite the victim being unable to identify his attacker.
“It’s almost due a (sentence) discount because there was no evidence placing him at the scene of the crime.”
An “extremely remorseful” Singh was described as being part of a hard-working Indian family that ran a trucking business. He was without drug or alcohol issues, his lawyer said.
“He simply works, goes to the gym and spends time in the company of his family.
“It’s almost as if it’s out of character for him.”
Magistrate Sharon McRae indicated that she’d jail Singh for six months followed by a CCO, if he was to plead guilty.
Ms McRae noted Singh’s absence of prior offences and cooperation with police but also the victim’s serious injuries.
Singh had wrongfully placed himself as “judge and jury” against the victim, Ms McRae said.
“It appears Mr Singh has clearly put matters in his own hands here.
“It’s something the court must send a very strong message to the community.”
Singh rejected the sentence indication.
He will instead contest the charges, including recklessly causing serious injury, assault with a weapon and stealing the victim’s phone.
Singh’s defence lawyer told the court he’d seek medical evidence to test the seriousness of the victim’s injuries two years since the incident.
The lawyer said that police had stated they’d had difficulty locating the victim since last year.
Mr Singh was bailed to appear at a contest mention at Dandenong Magistrates’ Court on 12 November.
