Why man used baseball bat to break cousin’s leg and skull
A FAR North man has been jailed after he armed himself with a baseball bat and broke his cousin's leg and skull after he called him a "bludger".
Ellwood Jacob Teddy, 28, and his cousin got into an argument when the pair were drinking with others at Kowanyama on May 25 last year.
The Cairns District Court heard his cousin accused him of "being a bludger" off another family member before the fight turned physical outside on the Cape York community's main street.
Defence barrister Josh Trevino said Mr Teddy's cousin kept provoking him, following him as he walked away and even picking up a stick.
But Mr Teddy, a father-of-two, then returned with the bat, hitting him in the leg and causing him to fall to the ground before hitting him on the head.
The court heard the victim suffered a complex break to his leg, plus breaks to his skull and nose.
Teddy pleaded guilty to grievous bodily harm on Monday.
"He was in a situation where he had been provoked to a certain extent," Mr Trevino said.
"While it doesn't amount to a defence to the charge due to his gross over-reaction, I would ask it be taken into account."
Judge Dean Morzone said Teddy had a nine-page criminal history dating back a decade, littered with assault, property, drug and alcohol offences, along with breaches of bail, probation and domestic violence orders.
"It's when you drink that you have a particular problem with being angry," Judge Morzone said.
"You must realise the community does not accept this conduct and the sentence has to protect the community from you."
Teddy, who has been in custody since the incident, was jailed for three years with a parole release date of May 25.