Magistrate grants second chance

Courthouse  TBW Newsgroup
BAIL REFUSED: Three men were remanded in custody in court yesterday following their arrest in the early hours of the morning in relation to various serious incidents.

A MAN who aggressively approached a neighbour while armed with a wooden axe handle has been shown leniency by the court system.

Jake John Garraway, 24, appeared in the Mount Gambier Magistrates Court Wednesday to be sentenced for dishonestly dealing with property without consent, possessing a dangerous article, carrying an offence weapon, disturbing the peace and resisting police.

The defendant also faced four counts of aggravated assault and two counts of failing to comply with a bail agreement.

Prosecution said it was alleged on September 20, Garraway stole two chainsaws from a Victorian property located around 25km from Penola.

When police attended the defendant’s home address to conduct a search warrant on September 24 and both chainsaws were located.

Upon interview, prosecution said Garraway purchased the chainsaws from somebody he could not identify.

“He told police he thought it was suspicious because he only paid $250 for both of them. They are valued are around $300 each,” she said.

The court heard on October 13 last year, police were called to Garraway’s home address after reports of a disturbance.

Under the firearms act, the premise was searched and the defendant produced a laser which was admitted to taming his two bull terriers and preventing them from attacking people.

The court also heard on November 26 just before 2:30pm, police upon patrol were called to Phillips Street, Mount Gambier, after reports that a male was standing in the middle of the road acting aggressively.

Garraway allegedly appeared from another address with an axe handle progressing to swing the piece of wood aggressively towards the other man on the road.

“The other man was sprayed with capsicum spray by police and the defendant was asked to put his hands behind his head,” she said.

The court heard Garraway was uncooperative with police and hindered his arrest.

“The defendant admitted he had intentions of using the piece of timber on the other man and he understood the old axe handle was an offensive weapon,” prosecution said.

The defendant’s lawyer said his client acted out of anger as the reported man had smashed windows of Garraway’s vehicles in his front and surrounding yard.

“My client is grateful police were there and things did not escalate any further,” he said.

Magistrate Anderson took a lenient approach by convicting the defendant and placing him on a $300 12-month good behaviour bond.

Garraway will be supervised by community corrections for eight months of the bond and will be drug tested fortnightly for three months.