Tyson Hendy attacked housemate with an axe in their Mount Gambier home
A Mount Gambier man “snapped” before he broke down his sleeping housemate’s bedroom door and threatened her with an axe.
Mount Gambier
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A man who had only recently been released from prison when he broke down his sleeping housemate’s door and threatened her with an axe, is back behind bars.
Tyson Hendy, 43, appeared via video link from custody at the Mount Gambier Magistrate Court on Monday pleading guilty to three charges in relation to the July 13 attack.
He admitted to aggravated assault with a weapon against his female victim, property damage and carrying an offensive weapon.
The police prosecutor said Hendy had been living with his “on-again, off-again” girlfriend of seven months when her friend moved in a few weeks before the assault.
At about 3pm he arrived home to find himself locked out and told Magistrate Maria Panagiotidis the woman refused to let him in.
Once inside, he took an axe from under his bed, hitting and damaging the door of his housemate’s room with the weapon before entering the room, the prosecutor said.
“Both the females were at home, they were asleep, they were woken up by the defendant banging on the windows and he was yelling at them wanting to come inside,” she said.
“He’s then stood in her bedroom, he raised the axe above his head and he was yelling at her in a threatening manner.
“She thought that she was going to be severely hurt by the defendant.”
A neighbour called police after witnessing the victim run from the house.
Hendy was arrested in the street, with the axe discovered on the porch, a fold-out knife in his pocket, a metal pole in his bag and he has been in custody ever since.
Arguing for imprisonment, the prosecutor said he had an “extensive” history in South Australia and interstate, including serving time for serious criminal trespass in SA and had only recently been released from prison in Victoria.
“He’s used a very dangerous weapon, and he’s threatened one of his housemates with that weapon to the point where she was very frightened for her safety,” she said.
Defence lawyer Clare Smyth said Hendy admitted to intentionally damaging the door with his fist and explained he had the knife and pole as he had packed his belongings when his girlfriend asked him to leave the home.
At the time of the attack, Hendy who has taken meth since 15, was not taking medication for his anxiety and depression as he believed he was in a good head space.
Ms Smyth said he believed the victim had been provoking since she moved in “trying to cause a conflict between him and his partner”.
“When he arrived home to find she had locked him out of the house, he snapped,” she said.
“He does deny hitting the door with the axe at any time.
“He admits to pointing the axe at her but he denies raising it above his head.”
Magistrate Panagiotidis recorded convictions on all counts, handing down a head sentence of six months for the assault, reduced to three months, 18 days on account of his guilty plea and backdated to his arrest.
“You were very angry, and took an axe, and went into (the victim’s) bedroom, damaging the door along the way, shouted at her and threatened her,” she said.
“You have struggled with drug use since you were 15.
“Time you have spent in custody has resulted in you ceasing that use and you are hopeful that you continue to abstain and I hope for your sake, you do.
“You are particularly keen to spend time with your son and being drug free will certainly help you in that regard.”
There were no further penalties for other charges with Hendy ordered to pay $1679 in costs and forfeit the weapons.