A magistrate on Friday committed Adam Rhys Tempo, 39, to the Country Court after an unsuccessful application by the defence to have the matter heard in the Magistrates’ Court rather than the higher jurisdiction County Court.
Tempo has pleaded guilty to recklessly causing injury and two counts of dishonestly receiving stolen goods.
Director of Public Prosecutions prosecutor Julie Kretzenbacher told the court Tempo and a 17-year-old co-accused saw the victim in Cobram’s Blackwood Park around 11.15 pm-11.30 pm on November 7 last year.
She said Tempo recognised the victim as the person who had a falling out with their friend over a broken house key.
Tempo hit the man multiple times with a wooden walking stick he was carrying, before the co-accused held a knife and said ‘‘you want this into ya?’’, Ms Kretzenbacher said.
She said there was a tussle over the walking stick before the co-accused stabbed the victim in the back of the head.
Tempo continued to hit the victim with his walking stick after he was on the ground, before a witness heard him bragging ‘‘I got him real good’’, Ms Kretzenbacher said.
The court was told part of the victim’s skull was removed as part of surgery at the Royal Melbourne Hospital after the attack and had not yet been replaced with a mesh plate.
In handing down her decision in Shepparton Magistrates’ Court, magistrate Hayley Bate said Tempo’s barrister Katherine Rolfe had told the court her client had a lower degree of culpability than his co-accused as he had encouraged the assault.
Ms Bate also took into account that Ms Rolfe argued her client did not arm himself for the purpose of the assault, rather he had the walking stick with him to aid him in walking.
The defence had also argued Tempo was also not aware the co-accused had a knife.
She also said the defence had argued Tempo had limited intellect and suffered PTSD from a workplace attack, as well as having a possible brain injury from a car accident.
Ms Bate, however, also took into account the prosecutor’s argument that the attack was life-threatening and the victim had lost part of his skull in the attack.
She said Tempo’s culpability remained high and he was “not deterred by the fact he was on a community corrections order and bail at the time”.
Tempo was remanded in custody to appear in the Shepparton County Court, sitting in Melbourne, on March 11 next year.
He also pleaded guilty on Friday to one charge of committing an indictable offence on bail, but that matter will be heard summarily in the Magistrates’ Court.
