Dylan Blaine Toth: Ipswich man granted bail after alleged home invasion machete attack
A Springfield dad has appeared in court following an alleged home invasion machete attack — at his own home — which left one person with “very serious” injuries to the head.
Police & Courts
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An Ipswich man has fronted court following the alleged invasion of his own home which involved a machete and left one person with “very serious” injuries to the head.
Springfield dad Dylan Blaine Toth, 37, appeared in Ipswich Magistrates Court via video-link from custody on Monday May 16 to apply for bail after being charged with two counts of committing acts intended to cause grievous bodily harm or transmit serious disease.
The first of the two charges related to an incident which occurred on May 6, while the second related to an incident which occurred on May 12.
It is alleged several people invaded a home of which Toth was the primary occupant, along with his partner Jess Wykes, and a fight ensued.
Police prosecutor Paul Caldwell told the court that Toth’s application for bail was opposed by the QPS due to “the alleged use of an offensive weapon”.
Defence lawyer Thomas Allen said Toth’s co-accused Bowie Robert McDougall had recently given a “wholly self-serving” account of events which were at odds to the other evidence available, including CCTV footage from the house which depicted McDougall entering the premises from the rear holding a machete.
“And then after the apparent fight inside the house has occurred (McDougall) leaves holding the machete and then fled the scene with his partner ... in the car, which was eventually stopped somewhere up the Centenary Highway by police,” Mr Allen said.
“The machete appears to have been disposed of in the meantime. His account therefore, in my view, is wholly undeserving of credibility given the circumstances.”
It is understood McDougall was living at the address of Toth and Wykes as a “temporary resident” because he had nowhere else to go, along with his pregnant girlfriend and a child.
Mr Allen told the court that on the evening in question two people arrived at Toth’s house, uninvited, and walked through the front door wanting a confrontation with McDougall.
“As I recall, the pregnant girlfriend is pushed to the ground by one of those two because they want to get to McDougall,” he said.
“Somebody in that group, if not more than one, bring bladed items to that confrontation.”
Mr Allen said Toth was beaten by one of the intruders before fleeing to a safe place around the corner, returning to find emergency services had arrived at his address. He said Toth spoke to both paramedics and police.
The Springfield dad was taken to hospital himself with “minor injuries”.
The court heard the 37-year-old was informed on Thursday May 12 that police wanted to question him further.
Mr Allen described his client as having offered “a very great deal of co-operation” with authorities.
“The picture is unclear,” Mr Allen said.
“But what is clear is that Mr Toth is clearly an occupier of a dwelling where he resides ordinarily with his partner and children.
“Others invited themselves in, intent on a confrontation at the very least, and a serious altercation occurred involving bladed items.”
Mr Allen argued Toth did not start nor invite the confrontation and was wholly entitled to defend his property and himself.
Magistrate Kathleen Payne said she had considered the strength of the evidence presented, noting the Crown itself conceded there was “not a strong case against this defendant with respect to the charges before the court”.
“There’s clearly conflicting versions,” she said.
“There’s concrete CCTV which appears to be ... at odds with accounts given.”
She said she was of the view Toth’s detention in custody was not justified and granted his application for bail.
His matter will return to Ipswich Magistrates Court for mention next month.