A man accused of invading a Brown Hill home with a weapon should be released on bail because he needs weekly treatment for an acquired brain injury, a court has been told.
Luke Ross appeared in the Ballarat Magistrates Court dock on Friday where police alleged he was one of three people who attended the Bradbury Street house on July 2 to confront the owner over a $50 debt.
It is alleged at 12.30am, the trio were armed with a meat cleaver and block of timber when they smashed the property’s front windows before forcing entry inside.
A number of items were allegedly damaged inside the house after the frightened owner ran out the back door.
Police informant Detective Senior Constable Brett Duncan said the trio left in Ross’ white ute, made a threatening phone call to the owner’s partner and returned to the house three hours later.
He said police arrested Ross and his co-accused at the property and they found an imitation firearm, meat cleaver and block of timber in his ute.
“The victims are petrified if the accused is released from custody, they will return to the property,” Detective Senior Constable Duncan said.
Defence barrister Vincent Peters said his client stayed in his vehicle at the Bradbury Street house and called for the co-accused to return.
He said Ross suffered an acquired brain injury after an incident outside a Perth casino in 2015 and he needed weekly support in the community to treat the injury.
This showed extraordinary circumstances why he should be bailed, Mr Peters said.
“He needs ongoing treatment. He has severe difficulties with cognitive skills,” Mr Peters said.
But Crown prosecutor Bianca Kelly said there was no evidence to show Ross had been receiving weekly treatment since the injury.
She described the aggravated home invasion as a very serious offence that occurred at midnight, the three accused returned three hours later, they threatened the victim’s partner and the victims feared for their lives.
Magistrate Gregory Robinson refused bail, saying Ross’ application fell short of showing extraordinary circumstances.