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Violent Assault or Self-Defense? Defendant in Chinese Restaurant Stabbing Case Successfully Granted Bail

Home » Blog » Violent Assault or Self-Defense? Defendant in Chinese Restaurant Stabbing Case Successfully Granted Bail

Case Background

A Sydney Chinese restaurant chef was charged with intentional infliction of grievous bodily harm and criminally prosecuted for allegedly stabbing a co-worker in a restaurant. The incident occurred at a Chinese restaurant in Sydney’s north-west, where a heated argument over a customer’s order for food escalated into a violent confrontation.

The incident

According to the charging information provided by the police, the accused chef was accused of assaulting a co-worker in the restaurant with a meat cleaver and another knife, causing multiple injuries to the victim’s head, face and arms. According to the police, they quickly arrived at the scene after the incident and arrested the accused chef on the same day at the scene of the incident.

The District Court prosecutor noted that the victim suffered scalp lacerations and a wound close to the carotid artery, which could have led to more serious consequences if he had not been rescued in time. The prosecutor concluded that the defendant had committed an “extremely violent attack”, which constituted a serious and unacceptable danger that could pose a threat to the victim’s life, and that there was a risk of absconding.

Defense Opinion

Our solicitor Ming Zhao fought for the defendant’s bail, pointing out that the police’s description of the case was mainly based on the victim’s statement, and claiming that the actual situation was still in dispute. Our counsel mentioned that there was a verbal altercation between the two parties and that the defendant himself was injured, so there may be grounds for self-defense. Our counsel further explained that the defendant had no criminal record, had lived in Australia for a long time, was an Australian citizen and had strong ties to the community, which made it less likely that he posed a risk of absconding.

Court Decision

After reviewing the case file, Magistrate Judge Beverley Schurr found that the victim did suffer “near fatal injuries,” particularly one injury that was close to the carotid artery. However, Judge Schurr recognized the defendant’s stability in life and believed that he was willing to comply with the court’s bail conditions. Ultimately, the court granted the defendant bail with conditions that included reporting to police twice a week, surrendering his passport, and not entering the specific area where the crime occurred. (Source for above information: Inner West Courier)

Consultation with Specialized Lawyers

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Violent Assault or Self-Defense? Defendant in Chinese Restaurant Stabbing Case Successfully Granted Bail

Ming Zhao

David Ho

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