'A recipe for tragedy': Mount Clear housemate assault

Toby Kelly, of Sebastopol, was arrested for the assault on Wednesday at a Vale Street property after police attended on an unrelated matter and a name check alerted them to an arrest warrant for the 2021 incident.

The court heard on June 4 last year, at a Mount Clear address, Kelly's housemate was driving a car belonging to a mutual acquaintance when he wanted to borrow it.

When the housemate arrived home without the car, Kelly went into his bedroom and began yelling at him, punching him with a closed fist.

The victim picked up a pair of scissors from the floor and Kelly said, "come on, stab me".

The victim then left the bedroom and being too fearful to contact police, he messaged a friend on social media to call the authorities on his behalf.

The court heard the victim had visible injuries and was bleeding when police attended the home, and when giving a statement later that month at Ballarat Police Station, he told police he had fractured a finger trying to defend himself.

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Kelly was bailed for the assault but later failed to appear in court and a warrant was issued for his arrest.

Defence for Kelly said he did not have a violent history and his arrest on Wednesday impacted him.

"He's spent the better part of 24 hours in the cells ... it's been a bit of a wake up call," the defence said.

Magistrate Jonathan Klestadt said violence was only justified in self-defence and Kelly's attack on his housemate violated his right to feel safe.

"Violence is never a way of solving the difficulties you have with the behaviour of another person," he said.

"We all have a right to be physically safe whether that be in our houses, on the streets, or at the pub - we all have a right to be safe."

Mr Klestadt said Kelly's actions could have seriously injured his housemate or resulted in death.

"Once violence is commenced nobody is in charge of what happens next ... the result of even a relatively mild assault can be tragic," he said.

"It's a recipe for tragedy if you behave violently towards another person."

Kelly was convicted and fined $500 for a charge of recklessly causing injury, and $250 for a charge of failure to appear while on bail.

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