Daniel James Burgess pleaded guilty to assault over a workplace tomahawk threat at Cannonvale

He wrongfully believed a work colleague had been withholding his pay, so he unleashed a ‘chilling’ assault at the Whitsunday office.

Whitsunday worker given non custodial jail term and probation of a ‘chilling’ workplace tomahawk threat.

A man unleashed a terrifying tomahawk attack on a workmate, threatening to cut his arms off over a pay dispute.

Daniel James Burgess had wrongfully believed the victim was responsible for withholding his wages.

He stormed into the company’s Cannonvale office about 3pm on December 18, 2019 and yelled at the victim over his time sheet.

Mackay District Court heard the victim said he would chase up the issue with the boss and Burgess told him to “watch his back” before throwing punches and kicks, striking him in the face numerous times, Crown legal officer Emily Thambyah said.

This resulted in a black eye.

“(Burgess) threatened to cut the (victims) arms off before leaving the office,” Ms Thambyah said.

“He went to his car, grabbed a tomahawk concealing it under his shirt.”

The court heard he walked back into the office and again yelled at the victim, brandishing the tomahawk as he moved towards the other man “as he threatened to cut his arms off”.

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Ms Thambyah said the victim was frightened and backed away into a corner of his office – another work colleague called out and Burgess left the building.

The court heard CCTV cameras captured Burgess as he walked in and out of the building.

Ms Thambyah said the incident had a significant impact on the victim who resigned from his job two months later.

Burgess, 43, pleaded guilty to assault occasioning bodily harm and common assault.

Defence barrister Matt Heelan pushed for a non-custodial penalty with probation to help keep his client on track with his rehabilitation.

The court heard Burgess had been using drugs at the time of this offence and had taken proactive steps to address this – negative drug test results were handed up in court.

Judge Ian Dearden said the facts of the case were “pretty chilling”.

“Basically you had the same problem hundreds of thousands of people have, you had a workplace dispute,” Judge Dearden said.

“You thought the complainant was responsible for you not getting paid your wages, it turns out that’s incorrect.

“But even if that was correct … It’s an appalling way to seek to deal with a workplace dispute.

“We’re all entitled to go about our business without someone behaving the way that you did.”

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Judge Dearden said he accepted Burgess was under pressure and using drugs at the time.

“If this doesn’t send a message that amphetamines can do really stupid things to otherwise sensible people, there’s your proof,” Judge Dearden said, adding it was more “good luck than good management” he did not cause more damage.

“I’m sure it scared the living daylights out of him and no doubt scared the living daylights out of your work colleagues.

“Someone had the guts to actually call you out on it and that could have gone really badly, thankfully it didn’t.”

Judge Dearden said although it was a serious assault, it only resulted in minor injuries.

The court heard Burgess had an excellent work history and was in a relationship.

Burgess was jailed for 12 months wholly suspended for two years.

He was also placed on two years probation with the condition he must partake in any medical, psychiatric or psychological treatment deemed necessary. Burgess must also abstain from illicit drug use and will undergo random drug testing during the order.

Convictions were recorded.