The defendant must have a blood-alcohol level below 0.5 in the presence of the aggrieved, following a domestic incident involving an axe. File Photo.
The defendant must have a blood-alcohol level below 0.5 in the presence of the aggrieved, following a domestic incident involving an axe. File Photo.

Sympathetic letter saves axe attacker from harsher sentence

A LETTER to the court from the victim has saved a man from a harsher sentence, after he threatened his family with an axe.

Appearing before Kingaroy Magistrates Court on Monday, the man plead guilty to one charge of contravention of domestic violence order (aggravated offence).

At 7.30pm on February 5, police received a call from a child at the address, saying that the defendant was armed with an axe and threatening family members. He had been drinking throughout the evening and that's when things turned physical.

He grabbed the axe and was allegedly swinging it around, before getting involved in a physical altercation with another occupant at the address.

He left the property and was located a short time later by police.

The defendant has been released on probation for a 12 month period, under the condition that he commit no further offences, and take part in counselling and other programs as directed. As an added condition put forth by Magistrate Andrew Sinclair, and agreed to by the defendant, he must also have a blood alcohol reading of 'under 0.5 within the presence of the person aggrieved or know persons'

The defendant had a prior agreement with the aggrieved that he would restrict his alcohol selection to beer only. The domestic incident was triggered when the aggrieved accused the defendant of drinking spirits.

The lesser sentence can partly be attributed to letter written to the court by the aggrieved, asking the magistrate to consider giving the defendant a chance to rehabilitate his mental health.

"Despite everything she seems to still think a lot of you," Magistrate Andrew Sinclair said.

South Burnett

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