Within a day of his arrest, Herbert Leonard Elemes pleaded guilty to two counts of breaching an apprehended violence order (AVO).

But the 44-year-old from Wellington pleaded not guilty to possessing housebreaking implements.

A release application was made when Elemes appeared before magistrate Paul Hayes in Dubbo Local Court on Wednesday.

The prosecution opposed bail, submitting there were unacceptable risks of the commission of serious offences, endangering the safety of the victim, individuals or the community and interfering with witnesses or evidence.

The sergeant said he relied on the accused’s criminal history and history of non-compliance, the nature and seriousness of the offences and the strength of the prosecution case.

He noted Elemes was serving a suspended jail sentence.

The defence drew attention to the “lack of seriousness” of the two breaches, saying it was clear the person in need of protection listed on the AVO was voluntarily walking with Elemes on the Mitchell Highway.

If the accused was found guilty of possessing housebreaking implements, a custodial penalty was possible but not inevitable, the solicitor said.

The magistrate indicated the bond that was a condition of the suspended sentence would be called up and put before the court.

Mr Hayes said he had read the allegations put before the court by the prosecution and heard the submissions from the defence about the objective seriousness of the matters.

Mr Hayes told Elemes he needed to comply with the AVO, irrespective of the wishes of the person in need of protection.

Elemes was granted bail on the condition he live at a Wellington address, report daily to police and comply with the AVO.

An order to serve a brief of evidence on the defence was made and the matter was adjourned to May 3.