A jealous man who belted his ex-boyfriend over the head with an axe handle after walking-in on him having sex with another man in a Howlong house will remain in jail until early next year.
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Craig Anthony Evans' lawyer argued that the seven months and 15 days he had already spent behind bars should suffice for the crime.
But magistrate Rodney Brender disagreed.
"I'm not prepared to release him now," Mr Brender said on sentencing the Wodonga man in Albury Local Court.
Evans, 46, was handed a 15-month jail term with a non-parole period of 10 months, with a release date on parole of February 10.
The victim suffered a laceration to the head, though stitches were not required.
Director of Public Prosecutions representative Jessica Dawson said the attack was aggravated by the fact it happened in the home.
"Whilst (the injury) wasn't particularly serious ... it was inflicted to the top of the head rather than to any other part of the body."
The court heard previously that Evans hit the victim over the head so hard that the axe handle he used broke in half.
Evans had found the victim in bed having sex with a man he met earlier that day, but didn't hang around.
"He was shocked, he was hurt, he left," defence lawyer Christine Mendes said.
The attack happened on the evening of March 13.
The victim got out out of bed to speak to Evans, and then declined an offer from Evans to join them for sex.
Evans left but returned about an hour later, grabbing the axe handle that was already inside the house and repeatedly striking the victim.
The ex-boyfriend fled the house naked and hid in a neighbour's garden.
The stalking charge related to Evans then turning his attack to the other man, who also fled the house and drove off after Evans unsuccessfully tried to smash the car's windows.
Evans was placed on a two-year community corrections order and ordered to complete 50 hours of unpaid work for breaching an apprehended violence order, on which he was refused bail.
This was over texts he sent to the victim a few days after the attack that threatened "his day would come".
Mr Brender said a sentence assessment report pointed out that Evans had suffered from a major depressive disorder "for some time".
