A man who allegedly pushed his brother into a dresser, cracking his ribs, before wrestling him to the ground and breaking his collarbone has been released from custody.
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The 41-year-old man, who The Courier cannot name as it would identify the alleged victim, successfully applied for bail in the Ballarat Magistrates Court this week.
Police informant Detective Senior Constable Kate Porter told the court on August 17, the complainant was in his bedroom playing video games. His brother said he was too loud, and started yelling and told him he was a "f**king idiot" who had no respect for his mother.
The 41-year-old "barged through the door and pushed the complainant, who has fallen back against a dressing table", according to Detective Senior Constable Porter. The man felt a crack in his ribs and told police he had experienced "instant pain".
When the alleged victim asked his brother to call an ambulance, he was told no, and another verbal argument ensued. The accused then "wrestled (his brother) on the floor and started to throw punches" according to the informant.
The mother of the two was present when the alleged offending occurred.
Detective Senior Constable Porter said the alleged victim spent six days in hospital, and was diagnosed with broken ribs, a collapsed and punctured lung, a broken collarbone and bruising across his neck and face.
When he was interviewed about the incident by police, the 41-year-old accused said he "didn't care" about the injuries. The informant said the alleged victim was "really afraid" of his brother because the accused man has a "revenge mentality for anyone who has wronged him in the past"
Police prosecutor Senior Constable Helen Farmer told the court that police opposed bail for the man because he was an unacceptable risk of committing further offences and endangering the safety of the complainant.
But defence lawyer Tim Tyler told the court his client should receive bail because it was offending "out of the blue", and the 41-year-old had an address to go to and no criminal priors of violence.
The court heard the accused man was offered stable accommodation with his uncle, but the home was only 160 metres from where the alleged victim may end up residing again with his mother.
"Whatever happened on that night seems unlikely to happen again if they are not under the same roof," he said.
"The alleged offending was not foreseen and atypical of the relationship between the brothers."
The uncle who offered the accused man a home to stay at if he was bailed said the two brothers had "always been competitive, but I've never seen it violent.
"They're both strong willed and have different personalities," the accused man's uncle told the court.
Magistrate Letizia Torres said while the allegations were "extremely serious", but agreed the risks could be mitigated if the 41-year-old respected a full, no-contact intervention order.
"Don't go anywhere near your brother," she told the accused man.
Magistrate Torres ordered the media not reveal the name of the small regional town where the offending took place, as it could be embarrassing for the alleged victim and make him more easily-identifiable.
The 41-year-old will return to court in November.
