Bayside man faces court after attacking woman with hammer

A woman thought she was facing her “last day on earth’’ after her partner attacked her with a hammer because she would not perform sexual acts for him, a court has heard.

A bayside man has faced court after attacking his partner, with a hammer in his hand, after she would not perform sex acts for him. Picture: Claudia Baxter

A bayside man has faced court after he attacked his partner, armed with a hammer, after she refused to perform sexual acts for him.

The Cleveland resident, 25, who cannot be named, pleaded guilty in Cleveland magistrates court on February 9 to one count of wilful damage - domestic violence offence, one count of contravening a domestic violence order, one count of common assault - domestic violence offence, two counts of possessing dangerous drugs, one count of possessing drug utensils and stealing.

The court heard the man was at the home of his partner’s mother on December 16 last year when he asked his partner to perform sexual acts for him.

“He asked her to perform sexual acts, which she refused, which angered the defendant,” the police prosecutor said.

“She believed he was on meth at the time.

“She told the defendant to leave because he was getting angry and scaring her.

“He was angry and punched his own utility (vehicle), damaging the door by kicking it.”

“The defendant started yelling to be let in. She was worried he would damage the door so she opened it.

“The defendant grabbed her by the throat and pushed her on the couch, he had a hammer in his hand.’’

The prosecutor said the man then began pushing his partner’s into the couch.

“She said she was afraid she was going to be hit in the head by the hammer,’’ the prosecutor said.

“He then grabbed her phone and threw it onto the ground and smashed it with a hammer.”

The court heard the man left the house, kicking her car door on the way and denting it.

He was also caught stealing $58.41 of fuel at a 7-Eleven in Murrumba Downs on October 7 last year and was found in possession of methamphetamines, cannabis and two glass pipes on October 25 in Fitzgibbon.

The man’s lawyer, Harold Rafter, said his client suffered from drug addiction issues.

“This is the first time he has acknowledged he needs to get that sort of help,” Mr Rafter said.

“I understand he’s signed up to a rehabilitation program in jail.”

Magistrate Deborah Vasta said the victim must have suffered severe stress from the incident.

“That’s the victim’s perception of being in absolute terror, as you barged into the house armed with a hammer and thinking this might be her last day on earth,” Ms Vasta said.

“You’re an addict You’ve got to go into rehab and sort it out.

“I get it, sh*t happens, but sh*t happens to everyone.

“Let’s hope that would have been your only Christmas in jail.”

He was convicted and sentenced to nine months’ jail but his 52 days in custody was declared as time served and he was released on probation for seven months.

The man was also was ordered to do 40 hours of community service

“Without the drugs I have no doubt this never would have happened,” Ms Vasta said.