Joshua John McFarlane dodged jail for vicious assault and theft at Christies Down
A man was tasered, threatened with a hammer and tomahawk, and had his car and phone stolen. But the thief has been given a final chance to care for his sick mother.
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A meth addict who assaulted and robbed a man while armed with a tomahawk has been given a final chance to care for his sick mother.
Joshua John McFarlane, 29, was told not to let his mother down as he narrowly avoided jail for his violent assault.
The Adelaide District Court on Thursday heard the victim drove to a Christies Downs address on November 8, 2019.
“There he, and an acquaintance of his, went into a shed so his acquaintance could smoke some methamphetamine,” Judge Paul Muscat said during sentencing.
McFarlane arrived at the shed with another man.
“Both of you were armed. You were carrying a tomahawk and your companion was holding a hammer,” Judge Muscat said.
The victim tried to leave but McFarlane demanded his car keys and mobile.
“Your co-offender then threatened the victim with a hammer and also struck him on the left leg with it,” Judge Muscat said.
“At some point, the victim says that he was also tasered.”
The victim was told that if he wanted his car back he would have to pay $2000.
The co-accused then drove the victim home and reminded him about the payment.
McFarlane, of Morphett Vale, pleaded guilty to assault and theft.
“Unsurprisingly, you have a history of using drugs – and that has contributed to you breaking the law so many times,” Judge Muscat said.
McFarlane was released on home detention bail by Judge Rauf Soulio in November to care for his sick mother.
“Your mother is facing a serious battle against cancer and your release on bail was, principally, based on compassionate grounds,” Judge Muscat said.
“Judge Soulio took a big chance in granting you bail.
“To your credit, you appear to have taken that chance.”
Peter Hill, for McFarlane, told the court his methamphetamine addiction had previously stopped him from caring for his mother.
“He is committed, if a chance is provided to be there for his mother in her hour of need,” he said.
Judge Muscat sentenced McFarlane to 13 months in jail, with a non-parole period of seven months.
He ordered the sentence to be served on home detention.
“You should consider yourself very fortunate that you are not serving the sentence in jail,” he said.
“With your record, should you break the law in a serious way again, that is where you are going to end up.
“Your mother needs you right now. Please do not let her down by breaching this order.”