Shepparton’s Toby Watts stabbed two people in ‘excessive’ self defence

A Shepparton man stabbed two people during a neighbourhood dispute in “excessive” self defence when he was approached by a man with a baseball bat.

A Shepparton man stabbed two others on a residential street during a neighbourhood dispute.

A Shepparton man stabbed two people during a neighbourhood dispute in “excessive self defence” when he was approached by a man with a baseball bat, a court has heard.

Toby Lee Watts, 43, pleaded guilty to two counts of intentionally causing injury in Shepparton County Court and was sentenced on Thursday to 12 months’ jail.

Watts was at co-offender Sean Kosterman’s house with a friend when they became involved in an argument with people in the same street on December 12, 2020.

Police attended the address and spoke to Watts about 8.45pm after the neighbours reported a male had been yelling and screaming.

The argument resumed later in the night and two men, one carrying a baseball bat, approached and followed Watts and Kosterman down the street.

When interviewed by police the man carrying the bat said he wanted to “intimidate” Watts and Kosterman so that they would “shut the f--- up”.

Watts lunged at one of the men who punched him before being stabbed three times, suffering a 3cm wound to his abdomen, a 5cm deep wound to his chest and a 10cm wound to his left flank.

Toby Watts was sentenced for intentionally causing injury in Shepparton County Court on Thursday.

He stabbed the other man once causing a 15cm deep open wound to the lower abdomen.

The two men were taken by air ambulance to the Alfred Hospital.

Watts was hit in the head, suffering face fractures, bruises and grazes, and Kosterman was also hit in the affray.

In his police interview Watts denied stabbing anyone and said he had been hit with a weapon like a pole or bat.

Judge Robyn Harper said while she couldn’t exclude it was self defence, it was “excessive”, “extreme” and “disproportionate” to the threat.

The court heard Watts had a difficult childhood but with three children of his own had shown Judge Harper family was important to him.

She said Watts had accepted responsibility and shown some remorse while having little recollection of the event due to his alcohol use at the time.

The court heard Watts had a high risk of further offending without drug and mental health treatment and Judge Harper said community protection needed to be taken into account due to his “extensive” criminal history.

Watts was also handed an 18-month community corrections order.

He has served 17 days of pre-sentence detention.

Kosterman pleaded guilty to affray and unrelated charges in December 2020 and was sentenced to three months imprisonment.