Hamilton man pleads not guilty to high-end assault offences

Mitchell John Sebbens, 41, has pleaded not guilty to charges of intentionally causing serious injury in circumstances of gross violence, intentionally causing serious injury, and recklessly causing serious injury in circumstances of gross violence.

The maximum penalty for the offences is 20 years' imprisonment.

Mr Sebbens is accused of seriously assaulting his former friend and housemate Travis Knight on August 31 last year.

Police allege the men were at an address in Hamilton's Kenna Avenue when the alleged assault took place about 1.30pm.

The accused man fronted Warrnambool Magistrates Court this week for a two-and-a-half day committal, which heard from a number of witnesses, including neighbours and the victim.

A female neighbour said she heard "quite a large bang" before observing Mr Knight trying to crawl out of the house.

She said she then observed Mr Sebbens repeatedly smashing a tennis racquet across the victim's head.

"(The victim) was, like defenceless," she said.

She said Mr Sebbens then tried to pick up her whipper snipper but it was grabbed out of his hand and taken back inside her house.

The neighbour said the accused man was in a rage and he proceeded to punch the victim in the head.

She said the victim was lying down and unable to get up as he was in too much pain.

She said Mr Sebbens "just lost it" and that the two men were like brothers but had previously argued about rent, drugs and food.

The witness said during the incident the accused man took her phone and said "people don't call the police".

Another witness told the court he observed Mr Sebbens continuously kicking and punching Mr Knight, who was either lying down or crouched over on all fours.

He said the victim had his hands over his head trying to protect himself.

Another neighbour said he attended the scene and was asked by the accused man to help get the victim in the shower.

But he said Mr Knight was too heavy and he instead waited for an ambulance to arrive.

The victim told the court he recalled Mr Sebbens pushing a smashed bottle toward his face while they were inside the property.

He said he suffered a cut from the left side of his nose through to his right eyebrow.

Mr Knight said his face was swelling up but he managed to get to the front door and outside the property where he felt himself being hit him from behind.

He said he didn't know what it was that hit him but he was suddenly in a "lot of pain".

Stephanie Galian, representing Mr Sebbens, said there was not enough evidence to prove her client offended in circumstances of gross violence or that the victim was incapacitated.

She said at no point was Mr Knight unconscious and therefore was able to defend himself.

Magistrate Simon Guthrie disagreed and said it was a matter for a jury to consider.

Mr Sebbens was committed to stand trial and will front Melbourne County Court for a directions hearing on November 8.

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