Hamilton man Shane Khan whacked his mate around the head with a baseball bat after a drunken argument in September last year. His friend, pictured, was left bloodied and bruised but didn't suffer any long-lasting injuries.
Hamilton man Shane Khan whacked his mate around the head with a baseball bat after a drunken argument in September last year. His friend, pictured, was left bloodied and bruised but didn't suffer any long-lasting injuries.
After arguing with his mate while drinking, Shane Khan lay in wait for the man, then crept up behind him and smashed him around the head with a metal baseball bat.
Just minutes earlier, the victim had fled on foot, following the argument, and hid in a kebab shop. Then,thinking Khan had gone, he walked out, only to be attacked from behind.
Today, Khan appeared in the Hamilton District Court for sentencing on a charge of wounding with intent to cause grievous bodily harm, a charge that carries a 14-year maximum prison sentence.
The 42-year-old’s lawyer, Scott McKenna, urged Judge Kim Saunders to use her discretion and not make his client, who has now received his second strike warning, serve a full prison sentence.
Under the three-strikes law, reinstated by the Government in June 2025, the first strike involves a warning, while a second means the offender could serve their jail term with no parole.
If given a third strike, the offender could serve the maximum sentence of the charge without parole.
But it was the fact that Khan lay in wait for his victim to come out of the kebab shop before striking him that proved the tipping point for the judge.
‘He’s lucky I didn’t kill him’
The court heard that Khan and the victim were drinking together at Khan’s Peachgrove Rd house at 8.45pm on September 23, last year.
The victim of Hamilton man Shane Khan's attack was left bloodied and bruised after being whacked around the head with a baseball bat. Photo / Supplied
Police searched his home five days later and found the bat, along with the clothing he had been wearing at the time.
When spoken to, Khan said, “I’m not gonna deny it, I f****** smashed that c***, all right. He’s lucky I didn’t kill him.”
The victim suffered cuts and bruising to his face but avoided any permanent injury.
In his victim impact statement, read by Judge Saunders, the victim said he didn’t remember much of what happened, apart from waking up in hospital.
“He couldn’t believe you had done that to him because you were mates, and, although annoyed at what you did to him, he has no hard feelings toward you and wishes you all the best.”
Referring to a pre-sentence report, Judge Saunders said Khan lacked insight into his actions and appeared to try to shift some of the blame on to his mate.
However, he also said, “Maybe I should have handled things differently.”
McKenna said the argument “escalated well beyond what it should have”.
“But [Khan] did consider that man a friend and wanted to apologise, for what it’s worth.”
His client pleaded guilty straight away and was keen to attend a restorative justice conference, but it never happened.
He told the judge that if his client was ordered to serve his full jail term, he might think there had be little gained by taking up any rehabilitative courses while in prison.
Judge Saunders noted that although Khan had a “significant” criminal history, there weren’t any offences involving serious violence.
In his favour was the fact that the victim not only forgave him, but also didn’t suffer any permanent injuries.
After taking a five-year and six-month imprisonment starting point, she applied discounts for his remorse and guilty plea, before coming to an end term of four years and one month.
Given the other factors, including that Khan would only serve 16 months’ jail before being eligible for parole, Judge Saunders declined to use her discretion and ordered him to serve the full four years and one month.
