Man grabs axe, hammer after housemate rubs wife's leg
A NEWTOWN man had threatened his 22-year-old boarder with a hammer and tomahawk after he caught him rubbing his wife's leg, Toowoomba District Court heard.
Police had been called to the family's McMahon St residence on September 21 last year after receiving a report that Timothy Allan Bayliss, 43, had rushed at the complainant man while armed with the tools.
Bayliss's 26-year-old wife had stood between the two men and was inadvertently struck in the head with the hammer as her husband swung the implements about, prosecutor Keiran Rentz told the court.
Bayliss, who had been held in custody since his arrest that night, pleaded guilty to charges of threatening violence in the night and common assault.
Photographs of the tools were tended to the court, prompting Judge Ian Dearden to remark: "They would certainly make me nervous".
Defence barrister Frank Martin told the court his client instructed he had not swung the tools, but had rushed at the complainant with them after he saw the younger man rubbing his wife's leg.
Mr Martin said the complainant had said in his police statement that he had been in a relationship with the woman.
Apart from a bruise sustained by his client's wife, no-one had been injured in the incident, he submitted.
Judge Dearden noted Bayliss had a "shocking criminal history" and had spent much of his life behind bars, though it had been some years since he had been in trouble with the law.
Taking into account the time already served in custody for these matters, Judge Dearden sentenced Bayliss to nine months in jail but ordered he be released on parole on June 9.