A man was refused bail in Dubbo Local Court yesterday on charges of assault occasioning actual bodily harm, failing to submit a breath analysis and failing to appear at court.
Gavin Wayne Melville is alleged to have participated in a “particularly violent assault” resulting in “serious injuries to the victim” in the company of a young female.
The court heard he allegedly struck the victim a number of times on the face and eye area while holding a rock.
The co-offender then allegedly hit the victim’s head several times before Melville allegedly put his arm around the victim’s neck and uttered words threatening to further assault them.
The prosecutor opposed bail due to the seriousness of the allegations levelled at the accused.
The defence solicitor asked that bail be granted yesterday in order for Melville to get the medical treatment he needed for a brain injury.
She said he suffered an assault in April 2006 and went to Dubbo Base Hospital, but CT scans indicated there were no injuries to the brain.
However, the defence solicitor said there was a period of one week where the accused had no memory at all, and that he had ongoing problems with his memory.
“None of these were ever thoroughly investigated,” she said.
A specialist in the area allegedly said they were “astounded” Melville had not been given a referral to be further checked out.
According to his defence solicitor, he could not receive the same treatment for his apparent brain injury in custody.
Melville had failed to appear at court in relation to this matter on October 21 and a warrant was issued for his arrest.
The court heard he had one prior matter on his adult criminal record that related to violence but also had a history of indictable offences.
Magistrate Howard Hamilton refused bail due to the serious nature of the allegations against Melville.
The matter was adjourned until December 7 for an application to be made by the defence and a Justice Health report was ordered.