A MAN accused of kicking his Warrnambool brother to the jaw when he tried to pick up his glasses plans to fight the charges to avoid serving a suspended jail sentence.
Shane Harrison, 33, of Kirrae Avenue, Framlingham, appeared in Warrnambool Magistrates Court yesterday for a contest mention hearing.
He has been charged with intentionally causing injury, recklessly causing injury, assault by kicking and breaching an intervention order.
Police allege that on July 15 Mr Harrison was intoxicated after drinking beer at his mother’s Pecten Avenue home when he started abusing her about 9.40pm
His brother Robbie Harrison, who has an acquired brain injury, told him to stop. There was a scuffle between the brothers and Robbie’s glasses came off.
When Robbie bent down to pick up his glasses, Shane Harrison is alleged to have kicked him with his right foot to the jaw.
The victim then went outside and tried to ring police.
Mr Harrison is then alleged to have run at his brother and executed a flying karate kick to his chest. Robbie suffered injuries to his jaw, chest, hip and a knee.
The incident is also alleged to have breached an intervention order which was put in place during 2011 for three years.
When interviewed by police Mr Harrison claimed his brother attempted to assault him with a knife and he acted in self-defence.
If found guilty the alleged offending would breach a six-month previously suspended jail sentence.
The contest mention hearing was adjourned until tomorrow so Mr Harrison can be legally represented.