Wounding was beyond self-defence, court told
A magistrate says a Kendenup man went beyond self-defence when he wounded a man who threatened and attacked him with a fence picket in January.
Philip John Francis, 42, was sentenced in Albany Magistrate’s Court last Thursday after pleading guilty to unlawful wounding.
The court was told Francis was at a mate’s house in Albany after a fishing trip when a man known to him in company with a woman entered the rear of the property.
Prosecuting Sergeant Mike Russell said a verbal dispute then led to physical violence.
Defence lawyer Jamie Hodgkinson said his client picked up a fish filleting knife and set square because he feared for his life.
The court was told Francis swung the set square, which resulted in the complainant receiving 23 staples to his head and a wound near his ribs from the knife when the two men fell to ground.
Francis was struck repeatedly with the fence picket with nails.
Magistrate Raelene Johnston accepted the complainant was the aggressor but said Francis acted excessively.
Francis was placed on a 12-month community-based order with program and supervision requirements.
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