Tomaz Fernandez attacked a man with a baseball bat following a heated argument over a parked car.
Tomaz Fernandez attacked a man with a baseball bat following a heated argument over a parked car.

Parked car sparks baseball bat attack

A DRIVER attacked a man with a baseball bat following a heated argument over a parked car.

Tomaz Fernandez was at a Mackay auto shop and had words with a staff member after another vehicle had parked too close to his car, preventing him from leaving.

Mackay District Court heard after the other car was moved and as Fernandez was driving away the employee, Cameron Nicoll, screamed out "f--- off you idiot, you can't even park you f---ing c---head".

So Fernandez, now 36, drove back into the parking area and "got out of the car with a baseball bat down by the side of his leg".

Crown Prosecutor Claudia Georgouras said Fernandez struck Mr Nicoll twice with the bat. Once the victim realised he was bleeding he "essentially dove through the front of the (Fernandez's) windscreen in retaliation".

"They were both aggressive," Judge Julie Dick said, as Ms Georgouras pushed for 12 to 18 months jail to serve one-third with a parole release.

Defence barrister Scott McLennan said there were two important factors to the incident, which occurred on February 21 last year.

"My client was leaving … he was reversing out and he was in the process of going when (Mr Nicoll) came back outside screaming," Mr McLennan said.

The second, Mr McLennan said, was that Fernandez motioned to scare Mr Nicoll with the bat "but then rather than retreat the (victim) stepped towards my client".

"My client sort of thought well this has turned into a fight now," Mr McLennan said, adding that about $8000 in damage was done to his client's car that insurance would not cover.

Judge Dick said the car damage also "does demonstrate the attitude of the other person as well".

Ms Georgouras said he had a relevant history that included a dangerous operation of a vehicle and assault in public in 2016.

Mr McLennan said his client had completed an anger management course and was seeing a psychiatrist.

He said Fernandez also had a baseball glove and ball in the car for casual sport and he was not just driving around armed with a bat.

Fernandez pleaded guilty to assault occasioning bodily harm while armed.

He was jailed for 18 months with immediate parole and ordered to pay $1000 compensation.


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