Lawyer probes one-kick victim's injuries

A middle-aged driver who was kicked in the head by a Perth teenager after he attacked the youth with an umbrella in a road rage incident may have less serious injuries than initially claimed.

Joshua Diego Della Maddalena was driving in the southern Perth suburb of Manning last year when 61-year-old Terry Ilich started blasting his horn and brandished his middle finger.

When both cars pulled over, Mr Ilich started punching Della Maddalena and hitting him with an umbrella.

Della Maddalena then punched Mr Ilich and kicked him in the head, causing him to fall to the ground and fracture his skull.

The District Court of Western Australia heard that Della Maddalena tried to stop Mr Ilich from falling, provided medical assistance and refused to leave the scene despite his friend's pleas.

As a result of the life-threatening injuries, Mr Ilich said he has since experienced reduced cognition as well as a loss of hearing, taste and smell.

Della Maddalena was due to be sentenced on Tuesday for causing grievous bodily harm but the matter was adjourned for two weeks, after defence lawyer Tom Percy produced medical documents showing Mr Ilich had previously experienced some of the symptoms allegedly caused by the incident.

The court heard Mr Ilich had previously been referred to a hearing specialist and was undergoing occupational therapy for reduced cognition that had been causing him to make mistakes at work.

Mr Ilich and his supporters whispered "that's rubbish" as they sat in the back of the court.

Mr Percy said Della Maddalena, who has martial arts experience, felt remorse and accepted responsibility for his split-second and instinctive reaction to kick Mr Ilich.

"He simply reacted to an unlawful and unprovoked assault on himself," Mr Percy said.

Outside court, Mr Ilich said he had no memory of most of the facts that were discussed.