Shawn Miller, 39, successfully applied for bail at Shepparton Magistrates’ Court on March 24.
Mr Miller is charged with offences including five charges of burglary, five charges of theft, unlawful assault, recklessly causing injury, committing an indictable offence while on bail and dangerous driving.
Police opposed bail, alleging he was an unacceptable risk of failing to attend court and further offending, with eight prior convictions for committing indictable offences while on bail.
But Magistrate Victoria Campbell said she was satisfied a combination of factors mitigated the risk, including Mr Miller’s mother retiring from work to be at home full-time with him.
The court heard the now 88-year-old victim lived in fear of people coming to his property and still suffered with hearing issues sustained during the alleged attack at his Katunga property on October 12, 2021.
It is alleged the victim was riding his mobility scooter when an unknown object struck him in the back of the head, knocking him unconscious, before Mr Miller and a co-accused drove off with his trailer and other items from his property.
Police informant Acting Sergeant Philip Armstrong told the court the victim spent 18 days in hospital and received metal staples to treat three large cuts to his head.
He said after the co-accused was arrested the co-accused told police they and Mr Miller would regularly take scrap metal from farms to sell.
Mr Miller is also charged over alleged break-ins and thefts from 2020.
Mr Miller’s lawyer Jessie Hughes argued the circumstances would be different, with his mother giving an undertaking to the court to contact police if her son stepped out of line.
Ms Hughes said Mr Miller would also be involved in the court integrated services program, to address a history of trauma she said was the underlying issue of his drug use.
She also told the court there were holes in the prosecution case against Mr Miller.
Mr Miller is required to live with his mother, surrender his passport, not leave Victoria or Australia, comply with a 9pm to 6am curfew, not drive and comply with the court integrated services program.
Mr Miller will face court in April.
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