By CAM LUCADOU-WELLS
A MAN has been jailed for three years after repeatedly kicking and wielding a garden stake on another man lying on the ground at Dandenong’s Pop Up Park.
Nhial Nhial, 27, pleaded guilty to intentionally causing injury, affray, and committing an indictable offence while on bail over the incident on the Foster Street sports court at 9.30am on 10 October.
CCTV footage depicted a fight between a shirtless Nhial and the victim, who appeared armed with a bottle.
During the dispute, an unknown male hands Nhial a wooden garden stake, which with one blow felled the victim.
As the victim lay on the ground, Nhial struck him with the stake a further seven times and then kicked the motionless victim’s head twice.
Nhial wielded the stake three more times, each time lifting the stake above his head before delivering the blows.
According to a police summary, the victim appeared “helpless” and unable to defend himself during the “extremely violent” attack.
The victim was taken to Dandenong Hospital with a cut to his head, a broken left hand and an injured leg.
He was subsequently cleared of serious head injuries, which led to police dropping more serious assault charges.
Nhial was on bail at the time for cannabis possession, obstructing an ambulance officer, resisting police, public drunkenness and abusive language in public.
Defence lawyer Chris Edwards unsuccessfully argued at Dandenong Magistrates’ Court for a community-based sentence.
Mr Edwards told the court on 10 February the Sudanese refugee had suffered persecution in his homeland and then been bullied and assaulted in Australia.
Mr Vandersteen said the “vicious” and “unrelenting” assault was too serious for Nhial to receive a community corrections order.
Nhial will be eligible for parole in 20 months.
