Owner of barking dog beaten with axe handle
A MAN who couldn't stand the sound of his neighbour's barking dog beat the owner with an axe handle and punched him in the face, a court has heard.
The Maroochydore Magistrates Court heard that in June this year, Emlyn Anthony Moses, 60, and his wife Jan left a note on the door of a home they had an "ongoing neighbourhood dispute" with, letting them know their dog was barking.
Later that day, the dog's owner and a witness walked passed Moses' home and heard him say "f***ing dog barking" and continue to mutter under his breath from the balcony.
After briefly confronting the two men at the start of the driveway, Moses walked back to his home and armed himself with an 86cm wooden axe handle.
It's at this point Moses later told police, he should have phoned triple zero.
He then returned and struck the victim with the weapon, hitting his right arm which he'd raised to defend himself.
Moses was tackled to the ground by the witness before his wife got involved and tried to prevent them calling the police.
As the scene began to settle down Moses arced up again, punching the victim in the face and threatening to kill him.
The witness again restrained Moses and called the police.
The court heard he and his wife continued to make threats to the pair as they walked back up their driveway.
As a result of the assault the victim suffered a head injury, bleeding eardrum, bruised kneecap, chipped tooth and swelling to his face.
In a victim impact statement the man said he'd had to go to a psychologist and had problems with his ears and jaw since the incident.
Moses pleaded guilty in Maroochydore Magistrates Court yesterday to a single count of assault occasioning bodily harm.
His wife of 30 years was present in court and appeared emotional during the proceedings.
Moses' lawyer said his client was "goaded" into the confrontation by the victim and witness, but this wasn't accepted by the prosecution or acting magistrate Andrew Walker.
He claimed Moses and his wife were victims of verbal abuse by the pair who had been drinking down the road prior to the altercation and were neglecting their dog.
Moses and his wife have had to move from their home - which they only built two years prior - because of the incident.
Mr Walker contended whilst Moses' behaviour was "out of character", he had the "opportunity to take other action", but failed to do so.
He was sentenced to nine months imprisonment, suspended immediately for 18 months.
His wife began sobbing when the verdict was read out and he later ran from waiting cameras outside the courthouse.