Ashton Leigh Byrne re-sentenced for brandishing axe at servo delivery driver

A Mount Gambier father-of-two, whose initial sentence was voided after an administration error, has finally faced justice for threatening a delivery driver with axe at a servo for “no reason”.

A Mount Gambier father who threatened a delivery driver with an axe for “staring at him”, has finally faced justice after an administrative oversight saw his initial sentence voided.

The father to two infant children, Ashton Leigh Byrne, 21, pulled the axe on the driver, who was bringing bread to the Mount Gambier OTR service station on Penola Rd on April 2 last year.

Byrne’s home detention sentence was voided in October after the Mount Gambier Magistrates Court realised it did not have a home detention report.

Police prosecutors previously told the court Byrne began swearing at the delivery driver on April 2 before he pulled out the weapon.

“While searching for money the victim was staring at him — so he asked him what his problem was,” the police prosecutor said.

“The defendant shouted ‘I’ll f*****g smash you’.”

Ashton Leigh Byrne has narrowly avoided prison despite brandishing an axe at a delivery driver. Picture: Arj Ganesan

As Byrne waved the axe in the air, the man got back into his vehicle prompting the accused to yell “oh, you’re running now”, the court heard.

Police prosecution argued for imprisonment, citing Byrne’s history of violence and his breach of a good behaviour bond while on a four-month suspended sentence for aggravated trespass in a residence.

Byrne entered into an 18-month good behaviour bond and was ordered to complete 60 hours of community service following his conviction for aggravated trespass in a residence.

Bryne’s defence lawyer Tess Dunsford asked the court to show leniency and excuse her client’s breach and extend the term of his suspended sentence, rather than sending the accused to prison.

“Four character references have been provided to the court — those references speak of Mr Byrne’s remorse and his willingness to address his mental health issues and to turn his life around,” Ms Dunsford said.

“He had a very different childhood — (including) a history of abuse, mental health issues and drug issues.”

Ashton Leigh Byrne has narrowly avoided prison despite brandishing an axe at a delivery driver. Picture: Supplied

The court heard Byrne has been diagnosed with a number of mental health illnesses including ADHD, oppositional defiant disorder, PTSD, bipolar, split personality disorder, anxiety and depression.

During his first sentencing, Byrne’s partner, who was present in court in support and holding an infant child, broke down in tears during Magistrate Koula Kossiavelos’s initial sentencing submissions.

Byrne’s partner and child were also present supporting him at his re-sentencing on Friday.

On Friday, the court re-sentenced Byrne, with Magistrate reaffirming her previous sentencing remarks.

“Just because someone might have stared at you is no reason for you to brandish an axe,” Ms Kossiavelos said.

“(The victim) has been traumatised as a result of your actions.”

Byrne was originally sentenced to six months’ home detention, which was reduced to three months and 18 days after an early sentencing discount was applied.

Ms Kossiavelos excused his breach of bond, extending it for a further six months and ordering him to complete the remaining 22.5 hours of community service out of 60 he had not completed.