Extensive criminal history costs alleged home invader bail

CRIME SCENE: Units at Elphinstone street where a home invasion occurred on Sunday night.
CRIME SCENE: Units at Elphinstone street where a home invasion occurred on Sunday night. Allan Reinikka ROK060317apolice2

A MAN accused of being involved in a violent home invasion on Sunday night claims he wasn't involved in the attack.

Tennison Benjamin Rex Smith appeared in the Rockhampton Magistrate's Court today on a bail application in relation to charges laid after the incident on Sunday night.


Tennison Benjamin Rex Smith is accused of being involved in a home invasion.
Tennison Benjamin Rex Smith is accused of being involved in a home invasion. Facebook

Smith is accused of being one of four people who assaulted people in a flat in Elphinstone St which resulted in three people taken to Rockhampton Hospital with injuries from being kicked and punched .

The victims were a 28-year-old man, 23-year-old woman and 33-year-old woman.

Defence lawyer Zoe Craven said her client claimed the prosecution's case relied on the identification of her client as one of the accused offenders by a single police officer.

She said that the offender was running away from the police officer at the time the identification was made.

Ms Craven said her client claimed that as the four offenders fled the scene of the assault and home invasion, Smith "took the opportunity to steal the handbag".

The court heard Smith was on bail at the time of the incident and was due to appear in court on April 5 for failure to report as part of the bail conditions.

Ms Craven told the court Smith had been placed on bail prior to Christmas and remanded in custody until he was released on January 3, in relation to parole suspension.

She said her client explained that he was of the understanding all his matters had been dealt with until he was due to appear in court again, which was why he failed to report between January 12 and February 18.

Ms Craven said police spoke with her client on February 20 and explained he was still required to report and he had done so since.

She said he currently works for his uncle fixing cars and attended appointments with employment agencies.

Police prosecutor Julie Marsden opposed bail saying Smith had an extensive criminal history 'given he's only 20-years-old', including offences of violence.

"I would submit the evidence is strong," she said.

Ms Marsden said when the calls to emergency services came from the Elphinstone St unit, a police officer and dog were in the vicinity.

She said it was this police officer which identified Smith as an alleged offender.

Magistrate Mark Morrow denied bail for Smith and adjourned the matter until April 5 for summary review.

Topics:  elphinstone st home invasion magistrate mark morrow rockhampton magistrates court

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