A MAN charged with contravening apprehended violence orders was granted bail on Wednesday, but only by “the skin of his teeth”.
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Daniel Malvicino, 24, of Rocket Street, appeared before magistrate Michael Allen for a bail application charged with two counts of contravening an apprehended violence order, to which he pleaded not guilty.
He is also facing charges of drive with low range PCA, learner driver not accompanied by a police officer/tester and the possession of a prohibited drug.
The charges relate to an alleged incident on April 25 in South Bathurst.
During the bail application, Malvicino’s solicitor, James Taylor, told the court his client could reside with his mother-in-law, and has established ties with the community.
But Mr Allen was quick to point out the accused had been sentenced for similar offences in his court just weeks ago.
“On March 27, he was sentenced to 150 hours community service for contravening an AVO for the same protected person and malicious damage,” he said.
Mr Allen said the accused was standing in front of him facing almost identical charges, and asked Mr Taylor what confidence he could have that the accused wouldn’t breach his bail conditions, other than to have him living on the other side of the country.
Mr Allen said many decent people in the community would view Malvicino’s bail as an unacceptable risk.
“You tell me what conditions I can put in place so the road stops here,” he said.
Mr Taylor suggested the accused not consume drugs or alcohol and have a curfew imposed. He said this would allow police to check on him to make sure he is not intoxicated and so they would know his whereabouts.
Mr Taylor said he fully understood what his honour was saying, noting his client had been before the court on similar matters.
Police prosecutor Sergeant Darren Pearce opposed bail, saying no bail conditions short of Malvicino residing a considerable distance from Bathurst would help.
Granting bail, Mr Allen told Malvicino it was “only by the skin of his teeth” he was getting out.
“If you think this a joke, you come back and see. You’ve spent a few hours in a cell, that’s nothing to what will take place.
“If you so much as put your little toe out of place you’ll be back in this dock and be staying up on the hill.”
The matter was adjourned until May 8.