A 26-year-old man has pleaded guilty to weapons and assault offences - among others - after a terrifying incident at Bakery Hill McDonalds.
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Ballarat Magistrates Court was told on Friday that Harley Riddell of no fixed address left the restaurant and was found with a tomahawk down his pants in Little Bridge Street on Thursday.
In a summary read out to the court, police said the 26-year-old entered McDonalds, wanting to use the toilet but was told he was not allowed.
The court heard Riddell yelled expletives at a victim behind the counter and threw a cigarette at them before leaving and walking towards the Little Bridge Street bus stop.
Police said they found him intoxicated and located the axe.
"That tomahawk is quite a large weapon and it was down his trousers," Magistrate Mark Stratmann said.
"It's a wonder he could even walk."
He ordered that police destroy the weapon.
The court was told that at the police station, Riddell made admissions to the unlawful assault and told officers he had consumed eight cans of Woodstock bourbon that day.
The Magistrate was told the accused alleged he had found the axe and had only been carrying it for a few hours - and that many of his actions were "off the top of his head" and "instinct".
Riddell was also charged with making threats to kill at McDonalds but the court heard that during the interview he could not remember doing this.
That charge was struck out.
The 26-year-old pleaded guilty to unlawful assault, possessing a controlled weapon and being drunk in a public place.
Lawyer for the defence Georgia Hogg said her client had been homeless for three years in Ballarat and Bacchus Marsh.
She said Riddell was now sleeping rough in a friend's carport - and that he had problems with drug abuse, but had been "keeping clean".
Magistrate Stratmann said he showed resilience surviving as a homeless person through Ballarat's harsh winters.
"There's been an altercation at McDonalds - and this is a man who simply wants to use the bathroom when he doesn't have a home of his own," Ms Hogg said.
"(Authorities) have limited capacity to help him with housing, so he will be referred to Uniting."
Magistrate Stratmann said Riddell's future housing prospects were "bleak" - and he encouraged the 26-year-old to gain employment as soon as possible.
"I'm a little hesitant to impose a therapeutic order. If he's homeless he may be set up to fail," he said.
"I'm going to defer your sentence today. I'm going to release you on bail so you can finish your 50 hours of a community corrections order from a previous case on November 11.
"Then if you get those 50 hours done I'll dismiss the sentence."
Riddell was released with instructions that he report to Ballarat police once a week.
"I wish you well," Magistrate Stratmann said.
The 26-year-old is due back in court on May 16.
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