A MAN who chased another with a tomahawk after a road rage incident in Warnbro has been refused bail.
Appearing in custody at Rockingham Magistrates Court on Monday, Stuart Brent Peck pleaded guilty to act or omission causing bodily harm and assault occasioning bodily harm.
His lawyer applied for bail.
He said after the crash the victim had “forcefully shoved Peck and punched him several times” before Peck returned with the tomahawk and struck the victim to the forearm and the back of the head.
He said Peck was a schedule two offender as he was out on bail from Margaret River Magistrates court for another assault occasioning bodily harm.
That stemmed from a November 11 incident, where a staff member at the Settlers Tavern had asked Peck to leave.
His lawyer cited three exceptional reasons for bail.
He had outstanding telephone and energy bills along with caravan repayments, rent and payments to criminal injuries compensation.
In addition, Peck was a senior supervisor for his employer, Adam McCloud of Performance Paving.
Mr McCloud wrote a letter saying he would have to lay off staff without Peck there and Peck’s actions were out of character.
Lastly, he cited the lack of medical treatment for Peck’s fractured jaw and missing teeth.
He said Peck caught scabies since being in custody.
However, the prosecutor said they were not exceptional circumstances.
“Many people have financial responsibilities and Hakea did not have access to dental services on the weekend,” she said.
Magistrate Joe Randazzo questioned the lack of medical treatment.
“So there is not a single dentist in the entire state of WA available to the Department of Corrective Services on the weekend?” he asked.
The prosecutor said Peck presented a danger to the public due to the current assault, assault at Settlers Tavern and another assault from several years ago, where the victim received fractured teeth and jaw and still has a loss of smell.
Magistrate Randazzo said it was clear there was a dispute.
“The only question is who actually caused the accident and who initiated the violence,” he said.
“He did leave the scene, only to return, armed with an axe. The victim received a severe gash to his skull.
“It is extremely serious, violent offending when Mr Peck returned and chased him with the axe, and members of the public to intervene.
“It’s serious offending and yet he was on bail for another serious assault from Margaret River.
“He has a record of violence.
“His three contentions of financial position, employment status and business suffering and health, were he was given a prescription but before able to get it, he was taken into custody and has had no medical intervention since and contracted scabies and conjunctivitis.
“There is no suggestion that he could not be replaced by another staff member or someone in the marketplace,” he said.
“The offences are so serious a grant of bail is refused.”
Peck is due to appear at Perth District Court on February 3.