WITH his head in his hands, Jeremy Aaron Brown sobbed from the docks of the Mackay Magistrates Court as he learned of the condition of his alleged victim.
The 22-year-old appeared charged with one count of grievous bodily harm after allegedly pushing 72-year-old Shirley Page over during a dispute, resulting in her suffering major head trauma.
The court heard Mrs Page, who remains in Mackay Base Hospital, had not regained consciousness since the event and her condition was deteriorating so badly she has been moved to palliative care with an inoperable brain bleed.
Mr Brown's defence barrister Phillip Moore made an application for bail for his client however it was strongly opposed by police prosecutor Senior Constable Duncan Erskine.
Snr Cost Erskine said Mrs Page's condition had been deteriorating since the incident and he had been made aware she was unlikely to survive - he made mention of charges potentially being upgraded.
He said the prosecution's evidence was that Mr Brown struck Mrs Page, resulting in her falling and hitting her head on the ground.
"Multiple witnesses corroborate this version of events," Snr Const Erskine said.
"Some of these witnesses were with the defendant at the time. The prosecution's evidence is strong."
Snr Const Erskine said when pushing a 72-year-old female to the ground, her head hitting the ground was a foreseeable consequence.
"This was an assault on a 72-year-old female who is totally unconscious in a bed as we speak. If found guilty, the defendant is likely to spend quite some time behind bars," he said.
Snr Const Erskine argued there was a strong risk of flight, claiming Mr Brown had no ties to the Mackay community, was temporarily staying with his girlfriend at the time and had previous history of breaching bail conditions and failing to appear.
"In December 2015, he was convicted of using a carriage service to threaten to kill somebody. He was given 18 months probation which he breached twice," Snr Const Erskine said.
However, defence barrister Mr Moore rebutted much of the argument.
"What your honour is faced with is a potential tragedy, but what we are dealing with is an application for bail," Mr Moore said.
"In terms of the lack of alleged ties, the defendant has been here in Queensland since 2015. He has been living with his who he refers to as his 'sister' due to the closeness of their relationship. She is in fact a witness and can't be his bail address and she lives in the unit complex (where the incident occurred).
"He may also have an unborn child. His girlfriend is three months pregnant and he has stepped up and is supporting her through the pregnancy."
Mr Moore argued if bail was denied, there was risk that he would be sitting in custody for an unreasonable amount of time awaiting trial.
"He is a 22-year-old with a limited criminal history of violence. Perhaps he is unable to control his temper," he said.
"He is not in show cause situation. He is simply not an unacceptable risk of re offending or flight. It was a neighbourhood dispute gone wrong."
Acting Magistrate Ronald Muirhead told Mr Brown he was facing serious charges and his past compliance with court orders was not good.
"I can't ignore that. My concern is you may not appear in court. The level of risk is unacceptable and bail is formally refused," he said.
Mr Brown was remanded to appear in Mackay Magistrates Court via videolink from prison on December 18, 2017 at 9am.
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