After what started as a minor incident of road rage, the victim was left with bruises and puncture marks after being hit with a wooden baton twice near a park in Tin Can Bay
After what started as a minor incident of road rage, the victim was left with bruises and puncture marks after being hit with a wooden baton twice near a park in Tin Can Bay Brett Wortman

Gympie region cancer patient avoids jail after baton attack

A TIN Can Bay man convicted of assault with bodily harm and possessing restricted items has been spared jail but warned he might not be so lucky next time.

Gregory Tony Ashfield, 60, faced Gympie Magistrate's Court this week where he accepted full responsibility for his actions following a road rage incident at Tin Can Bay on September 4, 2018.

Ashfield is suffering from terminal cancer, the court heard.

Victim Johnathan Lee Mallard was left with bruises and puncture marks after being hit with a wooden baton twice near a park in Tin Can Bay that day.

The incident began when Ashfield was drove "too close” to Mr Mallard's vehicle when he pulled over to the left to let Ashfield drive past.

"...my client was discharged from hospital the day before the attack,” Ashfield's solicitor said.

"...he was also withdrawing from antidepressant medication. He immediately sought medical attention following the incident.”

The solicitor said Ashfield was followed to the park by Mr Mallard and regrets his actions that day.

In handing down a punishment, Magistrate Chris Callaghan said there needed to be a strong deterrent for serious offences involving road rage incidents.

Ashfield received six months imprisonment, wholly suspended for 18 months.

He was disqualified from driving for six months and the weapon forfeited to police.

.