AN ARMED burglar who "came out worse off" than his alleged victim following a violent home invasion near Toowoomba has been refused bail.
Brett Stephen Fletcher, 34, is accused of forcing his way into a Helidon home where his intended victim was sleeping and striking him at least 10 times with a large plank of wood last May. The victim retaliated by knocking Mr Fletcher unconscious with a baseball bat.
Mr Fletcher was charged with burglary with violence while armed and assault occasioning bodily harm.
He applied for bail on Wednesday in Brisbane Supreme Court which heard the "vigilante" style attack was motivated by revenge and Mr Fletcher posed too much of a risk of taking matters into his own hands if released.
Defence barrister David Jones said continued detention was not justified as his client was not due to stand trial until May by which time he would have already spent a year behind bars.
He said that even if the court found his client had gone to the home with the intent to inflict violence, the trial judge may still take into account the fact that he suffered worse injuries than his victim.
"He came out worse off," Mr Jones said
"He deserved everything he got if he is found guilty ... but he's been a little bit punished already."
Justice Glenn Martin said "if you go to someone's house with a lump of wood and start thrashing it about" the person inside was likely going to defend themselves.
He said should Mr Fletcher be convicted, a sentence of two years would be "conservative" due to the alleged level of violence, his mature age, criminal history and the fact he was on bail and probation for other offences at the time.
Mr Fletcher was remanded in custody until his May trial which is expected to be heard in Toowoomba District Court.
- ARM NEWDESK
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