Todd Gary Ashwood pleaded guilty to assault occasioning bodily harm while armed

A man armed himself with a nail during a “consensual” fistfight with another, leaving the victim with two puncture wounds to the abdomen, a court has heard.

Todd Ashwood leaving Maryborough District Court.

Using a nail to arm himself during a fistfight with another landed Todd Gary Ashwood before Maryborough District Court.

Ashwood pleaded guilty to one count of assault occasioning bodily harm while armed when he faced court on Tuesday, January 30, 2024.

The court heard on April 27, 2023, Ashwood, 44, was involved in an altercation with a man who was known to him.

The two were in a car park and “shaped up towards each other”. The other man consented to a fist fight, but was unaware Ashwood had armed himself with a nail, the court was told.

The victim was struck twice with the nail, leaving him with puncture wounds to his abdomen.

He received scans to clear him of serious injury but needed no other treatment.

Ashwood was later arrested over the assault. Ashwood also pleaded guilty to stealing a commemorative coin worth $200 and stealing tools from Bunnings worth about $69.

The court heard the incident began as a consensual fight and there had been a number of blows struck before the nail was used.

Judge Leanne Clare said she hadn’t seen the size of the other man, but looking at Ashwood he was “quite slight”.

Todd Gary Ashwood pleaded guilty to one count of assault occasioning bodily harm while armed when he faced court this week.

“From the description it sounds like he was no match for the other man,” she said.

“But it was not obviously self defence because he consented to the fight, but planned to have that extra insurance obviously.”

Ashwood had ongoing issues with substance abuse, the court heard, but he had been employed, working at the Post Office Hotel.

The incident had happened due to personal issues with the other man, the court was told.

Judge Clare said Ashwood had a “long history of addiction” which had resulted in a history for personal drug offences and property offending.

There had been various treatment programs followed by periods of sobriety, she said.

On the night of the assault, there had been an argument between Ashwood and the other man and Ashwood had been challenged to a fight.

“At that time you had a nail in your pocket. You put it between your fingers so that it protruded from your fist but was otherwise unseen.”

The other man was the “dominant fighter”, and Ashwood’s initial swings missed, but he took a number of blows from the other man, which caused him to fall to the ground, Judge Clare said.

When he was on the ground, Ashwood struck the other man in the abdomen and left two puncture marks.

“Luckily there was no other injury and no treatment was required,” Judge Clare said.

When police spoke to him, Ashwood made a “full and frank” confession and he had spent about six months in custody, Judge Clare said.

Ashwood was sentenced to 15 months in prison.

He had already served 178 days in presentence custody, Judge Clare said.

Ashwood was given immediate release on parole.

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