A “DANGEROUS, violent” man alleged to have smashed a stubbie of beer over the head of another man has lauded a magistrate’s decision to refuse him bail.
Thirty-nine-year-old Peter Johnson sought to be released after he was arrested following the alleged assault of another male at a Mildura nightclub on Saturday night.
The Mildura Magistrates’ Court heard Mr Johnson had been drinking at Honey Bar & Rooftop Mildura about 8pm when he encountered the alleged victim at the same venue.
Police prosecutor Senior Constable Jackie Lowe said the pair were seated opposite each other in a booth at the venue and had a conversation for about 15 minutes.
She said the victim placed a glass bottle of Corona beer on the table which the accused grabbed and smashed it over the left side of the man’s head with “significant force” causing the glass bottle to break.
The court was told glass shattered over the victim who sustained a four-centimetre laceration to the side of the head while the accused got to his feet and left the venue still holding half of the broken bottle.
Sen-Constable Lowe said police were called and followed Mr Johnson into the nearby Subway store where the accused approached a staff member behind the counter and threatened “make me a Subway or I’ll smash ya”.
The prosecutor said the victim froze in a corner feeling scared and concerned for his own safety as the accused continued to swear and while the staff member tried to leave via a rear exit the door was locked.
She said the accused continued in his heightened state pacing back and forth and failing to obey police instructions as they ushered the employee out of the store.
The accused had his hand in his bag and refused to remove it despite police requests and, concerned the man may still have the broken bottle in his possession, police drew their tasers and ordered the man lie down on his stomach, the court was told.
Sen-Constable Lowe said the accused refused to comply and was belligerent and threatening towards police calling them “dogs”, “rats” and “c***s”.
The prosecutor said police saw the accused grab a knife from the Subway counter and pointed it at them before he threw the knife away and picked up a large galvanised bollard and advanced towards police.
Police tasered the man and he was arrested and taken to Mildura Police Station and placed in the cells due to being substance-affected.
Sen-Constable Lowe said the victim of the alleged assault described the accused as being “off his face”.
The court was told Mr Johnson had convictions for assault-related offending including stalking, recklessly causing injury and assault police.
Magistrate Patrick Southey said that in considering the application the safety of the community had to be his “primary consideration” and the assault with the beer bottle was a “frightening incident”.
“You have committed serious acts of violence and violent offending in recent years and here it’s a strong case,” Mr Southey said.
“It appears that you are a dangerous, violent offender particularly if you are drinking.”
In refusing Mr Johnson bail, the magistrate said he could not think of any bail conditions that satisfactorily address the risk.
“I stand by your decision … it’s a very good decision,” Mr Johnson replied.
The accused man will return to court next month.
