An “over-defensive” transgender adult has taken offence at another train passenger and punched him hard in the face, a court has heard.
The victim and his friends had got aboard a commuter train at Sandown Park railway station and started talking quietly amongst themselves about 10pm on 4 April, police told Dandenong Magistrates’ Court.
The 18-year-old accused, who had been sitting nearby, approached the victim, told him he “shouldn’t talk s***” and thumped the window next to him.
The victim apologised and said he meant no disrespect.
He was then hit in the face with a clenched fist – leaving marks that led magistrate Jack Vandersteen to comment at the hearing that it was obviously a forcible blow.
An apologetic accused, of Endeavour Hills, later told police that it was a “stupid” act, the court heard.
Defence lawyer Nick Power said the accused had been subject to continual bullying due to her gender identity issues.
She had identified herself as transgender for the past three years, with the support of her parents, Mr Power said.
However, she had never had counselling or intervention from doctors.
“I think there’s almost a predisposition she has that people are speaking negatively towards her, because that’s been a pattern since her teens.”
The “remorseful” accused realised that was no excuse for the assault, Mr Power said.
Mr Vandersteen noted her youth, guilty plea and lack of priors.
“This was completely unnecessary. As the man said, they meant no disrespect to you.”
She was sentenced to a 12-month good behaviour bond.
