A Northern Rivers man charged with a break-in and theft has applied to be released on bail.
A Northern Rivers man charged with a break-in and theft has applied to be released on bail.

Rehab won’t take break-in accused back, court hears

A NORTHERN Rivers man charged over an alleged break-in and theft has applied to be released on bail.

Booyong man Jackson Barrow, 30, will defend a charge of aggravated break and enter dwelling in company, involving theft, in a hearing on December 23.

The charge relates to an alleged incident at a New Brighton home on May 15.

When Mr Barrow faced Byron Bay Local Court via video link from custody on Monday, defence solicitor Kate Brady said her client, who was previously on bail in residential rehab, could not return to the facility.

“I’ve spoken to them this morning and they’ve said no, that they’re not willing to take him back,” Ms Brady said.

The court heard Mr Barrow had pleaded guilty to some separate charges against him, including having custody of a knife and driving matters.

Ms Brady said her client had been in custody for four months, and argued it was unlikely the court would impose a non-parole period longer than that for those offences alone.

Ms Brady said a co-accused “essentially exculpates” her client “in total” in a statement included in the brief of evidence related to the break-in charge.

Ms Brady said this statement suggested her client believed the Honda motorbike taken from the home belonged to his co-accused, Kerri Hoey.

The court heard Ms Hoey, 33, had lived in an upstairs unit at the property and had moved to the self-contained downstairs area before the alleged break-in.

Prosecutor Sergeant Chris Martin opposed bail, saying the accused has “a long criminal history” that’s “not limited to dishonesty or property related offences (but) also includes violence”.

He told the court Ms Hoey’s comments “fly in the face of the victim’s evidence”.

Magistrate Karen Stafford said despite the defence submissions, police will allege there was glass broken before the home was entered.

Mr Barrow is alleged to have then advertised the motorbike on Facebook “for some time”.

Ms Stafford found the proposed bail conditions could not mitigate the accused’s risk of failing to appear in court or reoffending.

Mr Barrow will defend the break-in charge on December 23.

Ms Hoey faced a sentencing hearing for aggravated break-and-enter in company on October 14 and was sentenced to 12 months’ prison, including seven months without parole.

But her matter has been relisted for an appeal hearing on January 21.