Mackay father of four jailed over daylight axe attack against another man.
Mackay father of four jailed over daylight axe attack against another man.

Axe wielding father jailed over attack

A FATHER of four was shattered to learn he would spend time in jail over a terrifying daylight axe attack of a man.

Darryl Kummerow tried to fight the allegation in a one-day hearing in Mackay Magistrates Court, claiming he had been holding a belt, not an axe, during the run-in at the corner of Milton and Paradise streets.

But Magistrate Bronwyn Hartigan found the 41-year-old guilty of going armed to cause fear and now he must spend three months behind bars.

The court was told Kummerow had wielded an axe when he turned to confront a man who had been following him on January 21 this year.

"He was observed to raise the axe about his head and strike at the other male person on two occasions," Ms Hartigan said.

The victim armed himself with a bike seat and was retreating, she said.

"The fact that Mr Kummerow was someone who was prepared to go in public at 9.30am … near a roundabout near a skate park with an axe in full view," Ms Hartigan said, adding it was "not an opportunistic offence".

"It's reasonable to infer that at some earlier time Mr Kummerow had armed himself with the axe.

"This was directed at somebody else causing the other person to arm their self in self- defence and retreat."

Solicitor for Kummerow Geoff Govey, of Taylor's Solicitors, said there was background to the incident involving animosity between the two men, and pushed for immediate parole.

But Ms Hartigan said Kummerow had been just two months into a probation order and recognisance bond, which was the Commonwealth version of a suspended sentence, and personal deterrence rather than supervision was more important in this case.

"You haven't taken advantage of that opportunity and I don't have any confidence you'd take advantage of the opportunity of parole either," she said.

And while no injury had been caused, Ms Hartigan said it was "highly relevant" that another person was involved.

She also found on the basis of Kummerow's "fabricated story" about the belt buckle, he had shown no remorse.

Kummerow was jailed for 12 months to be suspended after three. The prison term will hang over his head for two years.

A conviction was recorded.