East Maitland: James Fogarty jailed for tomahawk attack following neighbourhood dispute

James Fogarty initially went to “keep the peace” over a neighbourhood dispute regarding a dangerous dog at an East Maitland home, before he slashed a man with a tomahawk. Read the details.

A court has heard a man initially went to help “keep the peace” over a neighbourhood dispute regarding a dangerous dog at an East Maitland home, but then “all hell broke loose”, before he violent bloody attack on another man with a tomahawk.

James Reece Fogarty, now 24, was armed with the axe when he, and four others, approached a 35-year-old man and a woman at the Alliance St address on July 13 last year.

Police facts stated the dispute between extended family members of two households erupted after the victims family allowed the dog to get out and put the neighbour’s children at risk.

Alliance St, East Maitland where a neighbourhood brawl broke out over a dangerous dog in July, 2021. Google Maps

Following tit-for-tat confrontations, events escalated later that evening and a wild brawl broke out in the front yard of the home at around 8pm.

The court heard Fogarty initially went to “calm things down”, but when bizarrely he became involved in a fight with a member of his own group, he pulled out the weapon.

When the victim was wrestling with another one of the men, Fogarty went on the attack and struck him to the back and side five times and then again when he was on the ground, he hit him a further seven times, leaving him a bloody mess.

The victim suffered 11 lacerations to his back and neck, three so deep they went through to the muscle, and sustained numerous fractures to his ribs, clavicle, spine and fingers.

He was rushed to the John Hunter hospital, where he underwent surgery and remained there for a week.

The female resident of the home was also assaulted by the group.

Fogarty used a Tomahawk axe to slash a man following a neighbourhood dispute. generic.

Fogarty was arrested a few days later on the Sunshine Coast in Queensland and faced extradition proceedings in Maroochydore before being taken to Raymond Terrace Police station.

He pleaded guilty to wounding a person with intent to cause grievous bodily harm.

Fogarty appeared via video link at Newcastle District Court on Tuesday where his barrister told the court his client had originally went to the home to seek peace before all hell broke loose.

“He clearly lost the plot,” he said.

Judge Roy Ellis said it was likely a combination of drugs made him snap but that it wasn’t an excuse and the taking of a weapon to the address was “pretty dangerous from his point of view” given his lengthy history of violence in the past.

“His prior offences of violence are most concerning,” Judge Ellis said.

Fogarty was sentenced to six years jail with a non-parole period of three years and six months, which means with time served he’ll be eligible for release in January 2025.

Rebecca Doubleday and her partner Jai Ryan Duley, also involved in the brawl, pleaded guilty to reckless wounding in company.

Both were given an intensive corrections order (ICO), Doubleday for two years and three months while Duley was sentenced to a year and 10 months.