Michael O’Brien convicted of assault, threatening to kill partner
A man unleashed a violent attack on a woman, threatening to kill her while revving a chainsaw in her face and punching her in the head.
Canberra Star
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A man has walked free from jail after being convicted of assaulting and threatening to kill his former partner while wielding a chainsaw.
Michael O’Brien, 48, was convicted of one charge of common assault and one charge of making a reckless threat to kill at the ACT Magistrates Court on Tuesday.
He previously pleaded guilty to both charges.
The court heard O'Brien had been in an eight-month casual relationship with the victim and they lived together at the premises attached to O'Brien's father’s Fyshwick business.
According to the statement of facts, O'Brien began yelling at the victim on July 7.
The woman armed herself with a metal pole from a vacuum cleaner and walked toward the entrance of the property while O’Brien grabbed a chainsaw he turned on.
O'Brien revved the chainsaw when the woman threw the pole at him before running away.
“Pick it up, I’ll f--k you up”, O’Brien yelled, according to court documents.
She came back and hit the chainsaw with the pole.
O’Brien then shouted “I’m going to kill ya” before grabbing the victim by the back of her neck.
After he jumped on her back, O'Brien punched the woman in the head and slapped her across the face.
Defence lawyer Edward Chen said his client’s threat to kill needed to be contextualised.
“Threats to kill occur on a spectrum,” he said.
“(O’Brien) never intended to carry out the threat.”
Magistrate Glenn Theakston said using a chainsaw while threatening to kill someone was serious even if the defendant did not plan on killing the victim.
“Chainsaws are one of the most dangerous weapons you can get without a licence and can cause grotesque injuries,” he said.
Mr Theakston sentenced O’Brien to three months jail and a 12-month good behaviour order. He was released from prison after serving 76 days on remand.
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