Man accused of allegedly assaulting, verbally abusing mother days after release from custody

The man, who the Mail-Times has chosen not to name to protect the identity of his mother, appeared in the Magistrates Court charged with assault and breaching bail conditions. He did not enter a plea.

Police alleged the man organised a time with his mother to collect personal belongings from her house, after he was released from custody.

Upon arriving at the property, it's alleged the accused, and his mother, got into a verbal argument over an unpaid debt.

"They shouted at each other, and the accused is alleged to have punched the victim to the left side of the head, causing bleeding," a police summary of events read.

The summary claims the accused then allegedly shouted at his mother, calling her "nothing but a junkie dog."

The man denied the allegations of the assault.

"He just went over there to get his clothes. He says he did argue with her, but he certainly denies the allegations of assault," his defence lawyer said.

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Police said there had been previous allegations of the man assaulting and verbally abusing his mother in similar circumstances and that "she doesn't want him anywhere near her."

The man's defence lawyer challenged the validity of the previous allegations.

"Are you aware his mother has made previous allegations?" they asked police in court. "Charges have been made, but some have subsequently been withdrawn."

"My client has made it clear that he did not assault his mother. He believes it's like other cases where his mother makes claims and is unwilling to stand up and give evidence.

"There are (bodycam) recordings that show she is clearly drug-affected and things didn't go as alleged."

Magistrate Cynthia Toose reminded the court there was a range of legitimate reasons why a victim would choose not to give evidence.

Police confirmed body cameras recorded the arrest, but did not respond to the defence lawyer's claims about the mother's condition.

The court heard police searched the man and found what is alleged to be a small amount of cannabis tucked in his underwear, in breach of his bail conditions.

The drugs had not been weighed, but a photograph was presented to the magistrate.

Police opposed bail and said they held concerns the man would not re-appear in court, would re-offend and would be a risk to the public.

The man's defence lawyer was concerned the burden of the COVID-19 pandemic on the court system could have seen the accused remain in custody until another hearing next year.

"If my client were denied bail, he would be sitting in custody on remand and in today's conditions that would be onerous," they said.

The man's defence lawyer told the court his client had approached support services on his release and was seeking stable accommodation.

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Magistrate Cynthia Toose took the man's age, ability to move into stable housing and the COVID-19 climate into consideration when granting bail.

She urged the man to reconsider his behaviour.

"You have poor impulse control. Even sitting in court today, you were jumping about trying to get my attention," she said.

"You need to understand you're in the Magistrates Court and there are severe consequences.

"It's over to you. No one can change your behaviour other than you."

The man will appear at the same court on a later date.

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