Affair sparked invasion

Man storms home of wife’s lover armed with axe

A TOOWOOMBA father of eight committed a violent home invasion when he stormed the home of his partner’s ex-lover armed with a makeshift axe.

Adam Shane Duffy, 39, appeared in Toowoomba District Court on Friday where he pleaded guilty to entering a dwelling while armed with intent to commit an indictable offence.

The court was told in December 2020 Duffy’s wife revealed to him that she had a brief affair with a 22-year-old man who was known to him.

Crown prosecutor Ellen Fletcher told the court Duffy became enraged after his wife told him about the affair and messaged the victim to “get out of town” with a picture of a weapon.

Ms Fletcher said Duffy believed the victim had heeded the warning but was surprised to find him at his home on January 6 this year when he went to the property for an unrelated matter.

The court was told Duffy became angry and yelled at the victim before he returned home to his wife and eight children and armed himself with a makeshift axe.

“He indicated to his wife that he was going to harm the complainant, and the entire family then travelled to the complainant’s home,” Ms Fletcher said.

“(Duffy) … entered the home via force through the front door, and the complainant was able to secure himself in the bathroom, and it was there that (Duffy) called out to him to entice him to come out.”

The court was told after punching the bathroom door a number of times Duffy’s wife entered the home and intervened and the family left. Duffy was arrested by police a short time later.

Duffy’s barrister Shane MacDonald said his client was living with a brain injury suffered as a result of drug and alcohol abuse by his mother during pregnancy, and that at the time of the offending Duffy was unmediated for his mental health conditions.

Mr MacDonald told the court that as a result of the offences Duffy’s marriage had broken down and his children had been removed.

The court was told Duffy was now on an NDIS package and was being supported in the community by disability workers and family.

Judge Alexander Horneman-Wren SC said the circumstances of the incident were “unusual” and would have been “offensive”, but that didn’t give Duffy the right to “take the law into his own hands”.

Duffy was convicted and sentenced to 12 months jail, to be served as an intensive corrections order.