A 52-year-old man was affected by synthetic cannabis when he allegedly told his neighbour he would “gut her” and “cut her throat” has been denied bail.
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Shaun Tope, from Eureka, made an application for bail in the Ballarat Magistrates Court on Monday, after being charged with making threats to kill, attempt to inflict serious injury and assault with a weapon.
Informant Leading Senior Constable Ben Jones told the court that on 7 November, Tope went to the 60-year-old victim’s home at 9.15am, asking for a cup of coffee.
When the woman let Tope inside, he was allegedly “ranting and raving” and yelling abuse at the dog. The court heard the accused was substance affected and caused the victim to be afraid.
Tope then allegedly sent more than 20 abusive text messages to the victim, including two stating, “You dead c**t”.
Constable Jones said Tope returned to the complainant’s house at 10.30pm on the same day, allegedly brandishing a knife and yelling,“I'm gonna gut you and cut your throat and make you bleed out, if you step outside.”
Police responded to the woman’s 000 call and Constable Jones said when Tope was taken to Ballarat Police Station, he was “headbutting cell walls” and was “abusive to police”.
The court heard that in April this year, Tope had locked himself in his house with a knife to his throat, threatening self harm.
Defence lawyer James McKenzie said his client had experienced a “perfect storm” of cannabis use, deteriorating mental health and the breakdown of a friendship with the victim, which led to the alleged incident.
Mr McKenzie argued Tope should be granted bail and that if he was residing elsewhere he would not be a threat to the complainant’s safety. He said the events were a “radical departure from what would normally be expected” from his client.
“He is someone who shows insight into mental health issues, he’s not in denial, and as a child he was a ward of the state from the age of two ... he has had an incredibly difficult life, but has emotional fortitude and resilience.”
Mr McKenzie said the complaint had also “antagonised” Tope by sending a text message asking, “Why can't you see your grandchildren? smiley face emoji, lol (laugh out loud)’” on November 7.
Magistrate Gregory Robinson disagreed with the defence’s claim that Tope did not pose an acceptable risk and denied him bail. He said, while the victim was the only witness to the alleged events of November 7, given Tope’s “continued drug use and variability”, he would be a “risk to the general public … if he were to have another episode.”
“It’s fair for her to say she would be extremely scared if I was to release him … given the history between the two,” Magistrate Robinson said. “But I have to give a great deal of weight to the protection of the general public.”
Tope was remanded until November 20 for a mention hearing by video link.