Christopher James Herricane makes bail bid on weapon, stalking charges

A miner, who police allege held a loaded gun to the head of a man he found in the marital home he’d shared with his wife of 20 years, has made a bail bid. Here’s how it unfolded.

Christopher James Herricane.

A miner, who thought he was going home to make amends with his wife after a break-up, was allegedly so enraged to find another man there that he armed himself with a gun and machete, a Bundaberg court has heard.

Christopher James Herricane, 46, appeared in Bundaberg Magistrates Court, where he remained in custody on Monday on one charge of dangerous conduct with a weapon, one charge of driving without a licence disqualified by a court order, one charge of threatening violence (discharge firearms or other act at night – domestic violence offence) and one charge of unlawful stalking (possess a weapon – domestic violence offence).

Police prosecutor Senior Constable Andrew Powis told the court that on Saturday night, Mr Herricane allegedly armed himself with a gun and a machete.

The court heard police allege that gun was not initially loaded, but Mr Herricane then placed a bullet into it and held it to the male’s head.

It is alleged that the male grabbed the gun to turn it away, the weapon fired, missing him.

“This is a very serious incident,” Senior Constable Powis said in opposing Mr Herricane’s bid for bail.

“This involves the use of a firearm which has been discharged.

“It is an unacceptable risk of him returning.”

Christopher James Herricane.

Lawyer Lavonda Maloy, who represented Mr Herricane, said he was born in Kingaroy and had lived in the Bundaberg region while also employed as a miner in Biloela, had come back to the family home at Apple Tree Creek because he believed there was a chance he could get back together with his wife following a break-up.

Ms Maloy said Mr Herricane instructed he was “disappointed and offended” at the presence of another person at the marital home, and had otherwise had no history with the courts.

She said he wanted to move back to Biloela for work and would be willing to wear an ankle monitor and report to police should he be granted bail.

“I had my moment of rage …” he told the court via videolink.

But Magistrate John McInnes was not convinced Mr Herricane, who had been in a show-cause position, should be allowed out on bail.

He said Mr Herricane had allegedly pulled the trigger on the unloaded gun, before loading it and pointing it at the victim’s head.

“I can’t ignore the disturbing warning signs by the way the firearm was (allegedly) used,” he said.

Bail was refused.

The case will be adjourned until January 10, 2023, so that a brief of evidence can be disclosed.