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

A young father-of-two who threatened a man with an axe in a bizarre servo incident is set to learn his fate later this year, with the strange reason behind the crime laid bare in court.

A Mount Gambier man who had narrowly avoided jail after he threatened a delivery driver with an axe for “staring at him”, will need to be re-sentenced after an administrative oversight saw him sentenced prematurely.

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 this year.

A police prosecutor told the Mount Gambier Magistrates Court Byrne began swearing at the delivery driver 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 called for Byrne’s imprisonment, citing his 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.

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

“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.”

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.”

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.

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.

However, the sentence has been made void as the court did not have a home detention report.

A home detention report has now been ordered and Byrne will face sentencing in December.