A Warrawong man has been jailed for hospitalising his neighbour who he bashed with a hammer attached to a metre-long pole while yelling "I'll kill you".
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Jose Manuel de Freitas, 55, learnt his fate at Wollongong Local Court on Tuesday for a string of violent offences spanning from March to October 2023.
Tendered court documents state an apprehended violence order put in place to protect de Freitas' 56-year-old neighbour from him after ongoing animosity came to a head.
The neighbour told de Freitas to pull his head in when he was verbally abusing someone outside his house on the morning of March 29.
De Freitas then kicked off at his neighbour, asking, "Do you wanna have a go?" before he walked back inside his home to retrieve a bizarre makeshift weapon.
Armed with a hammer head attached to a metre-long metal pole, de Freitas ran at his neighbour, swinging the weapon.
He struck his neighbour in the right hip and ribs, causing significant pain.
The pair grabbed hold of each other, with a nearby neighbour offering assistance to try and disarm de Freitas.
All became entangled and fell to the lawn where the wrestle continued, de Freitas yelling "I'm going to kill you" while still gripped onto his weapon.
The men kneed and punched de Freitas and eventually freed him from his grip.
"Pull your head in and calm down," the neighbour said, before he was taken to Wollongong Hospital due to his injuries.
Police arrived, seizing the long hammer and arresting de Freitas, who was taken to hospital soon after for fractured ribs.
He was discharged a week later and charged with using an armed weapon with intent to commit an indictable offence, assault occasioning actual bodily harm, and intimidation.
Months later, de Freitas hurled further abuse from across the street at his neighbour for 10 minutes, yelling: "You're a dog, you're a snitch, I'm going to shoot you and break your knees".
He was arrested again and charged with intimidation and breaching an apprehended violence order.
De Freitas was sentenced on Tuesday after being found guilty of the offences after unsuccessfully fighting the charges in a previous hearing.
Defence lawyer Sian Aldis said the offences were connected to de Freitas' myriad of medical conditions, including a moderate intellectual disability and fetal alcohol syndrome.
She said he suffered extra-curial punishment as he was seriously injured during the incident, and requires rehabilitation for his alcohol and substance abuse.
Magistrate Christopher McRobert noted de Freitas' lengthy record and that his use of the weapon "wasn't a light tap, but a significant blow".
De Freitas was jailed for two years, with a non-parole period of 18 months. He will become eligible for release to parole on Christmas Eve 2025.
Grace Crivellaro
Court reporter for the Illawarra Mercury.
Court reporter for the Illawarra Mercury.
