Bail denied after alleged choking

WHEN Wayne Smith, 50, of Orchard Grove Road, was led into the dock at Orange Court House on Thursday, Magistrate Terry Lucas was handed a file containing 37 pages of previous offences.

Smith was arrested by Orange Police last Wednesday for allegedly trying to choke his partner.

Police prosecutor Andy Bobin said the alleged assault occurred while the victim’s son was close by.

The boy had to call police because his mother couldn’t speak, after Smith  allegedly squeezed his hands around the victim’s throat.

In applying for bail for his client, Aboriginal Legal Aid solicitor Bob Lulham said Smith was prepared to leave Orange and go to Nymagee.

“If he can get the funds together he can be out of here on the 12 o’clock train,” Mr Lulham said.

“He can live there with his mother and will be well away from the area.”

Sergeant Bobin said Smith was already on parole following a conviction for assault occasioning actual bodily harm.

“But this is a different domestic violence victim,” he told the court.

Opposing bail, Mr Bobin said the victim had given police a three-page statement about the alleged assault and the accused’s criminal history did not help his case.

“He has a long history of violence and is currently on parole until May,” Mr Bobin said.

Mr Lucas denied bail, taking into consideration the victim’s protection, and whether or not Smith would turn up to court if he was granted bail.

Smith will remain in custody until a hearing in late April.

He has pleaded not guilty to the charge of assault occasioning actual bodily harm.

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