A man allegedly pinned his teenage stepson to the bed by the throat and pushed his partner while she was holding their one-year-old son in a rage on Friday.
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Rangi Ropata, 45, applied for bail at the Ballarat Magistrates' Court on Monday after being arrested on Friday evening.
Police prosecutor Senior Constable Steve Repac said police opposed bail because Ropata was an unacceptable risk of endangering the safety of the community, committing further offences while on bail and interfering with witnesses.
The court heard Ropata became enraged after his partner smoked a cigarette on Friday evening.
Senior Constable Repac said Ropata allegedly struck his partner in the chest with his palm, before entering his stepson's room where he grabbed him by the throat and pinned him to the bed.
Ropata is accused of pushing his partner into cupboards while she was holding their one-year-old baby and smashing her mobile phone.
The court heard police searched the house and found a shotgun with cartridge ammunition. Checks showed the firearm had been listed as stolen and Ropata was a prohibited person to hold a firearm.
Senior Constable Repac said Ropata told police he used the firearm to go hunting with his stepson.
The firearm offences in combination with family violence is extremely serious.
- Magistrate Letizia Torres
Defence lawyer Scott Belcher said his client admitted to some allegations of family violence but denied the more serious allegations of punching and choking.
He said the partner and children had now moved out of the home and were in crisis accommodation, meaning he could return home if bailed.
Mr Belcher said there was another accommodation option in Ballarat, but that would make it difficult for Ropata to get to work as he did not have a licence.
The court heard Ropata had no criminal history in Victoria but did in Queensland and Western Australia.
Senior Constable Repac said the victim was terrified.
"There is no excuse for this sort of behaviour in any context," he said.
"The possession of the stolen firearm is even more concerning and it is clear he knew it was stolen. It does pose a significant risk to the public."
Magistrate Letizia Torres said she regarded the alleged offences as 'extremely serious'.
Ropata returned to court via video link on Tuesday morning to hear Ms Torres' decision on bail.
Ms Torres said she viewed the prosecution case as strong and a term of imprisonment was within the range of sentencing.
She said she took into account the victims were terrified and his criminal history that included a firearms offence.
Ms Torres said she refused bail because she considered Ropata an unacceptable risk.
"I do not believe any bail conditions can mitigate the risk at this time," she said.
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