Ballarat man awaits sentencing over assaults of two taxi drivers

Toby Biggs appeared in the Ballarat Magistrates Court on Tuesday where he pleaded guilty to 13 charges including two counts of recklessly causing injury.

The court heard Biggs, who breached two undertakings of good behaviour by offending, walked to Little Bridge Street after kicking a door of a local take-away business, and attempted to wave down a taxi.

Police prosecutor Senior Constable Kathleen Hewitt said the taxi driver, who was headed to a job, saw the accused in the middle of the road and slowed down to avoid hitting him and let him know he was unable to take him. The court heard there was some sort of connection made between the taxi and Biggs. Unsure if he had hit Biggs or if Biggs had hit the taxi, the driver pulled over to investigate when the accused became agitated.

As the driver attempted to get back in the car Biggs began punching the driver to the head and face.

The driver placed the car in neutral and rolled down the hill and up onto a path while Biggs continued to punch him. Biggs then accused the driver of having his phone. A second taxi driver arrived at the scene after answering a distress call to see Biggs ranting about the phone.

Acknowledging the second driver, Biggs attempted to strike the man before tackling him to the ground and knocking him temporarily unconscious.

The court heard both men needed time off work and were financially "diminished" as a result of the assaults. Senior Constable Hewitt said police were called to the scene to locate Biggs who resisted arrest before being taken to the Ballarat Police Station. He made a no comment interview.

Biggs' defence lawyer David Taminika said his client, who owned his own business, had been drinking with friends on the night.

He said his client understood he acted irresponsibly and felt stupid about his actions.

Mr Taminika said his client didn’t recall much of the assaults on the taxi drivers but was extremely remorseful of his actions. 

He said Biggs had since apologised to one of the drivers. 

He added his client no longer binged on drinking and urged the magistrate to consider the benefits of a rehabilitative CCO. 

Biggs was assessed for a community corrections order and will be sentenced on Wednesday.