Craig Harvey wins bail after allegedly threatening neighbour with toy gun over music complaint at Reynella East
A man who allegedly had a gun shoved in his chest when he complained about his neighbour’s loud music was potentially trespassing, a court has heard.
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A man whose life was allegedly threatened when he knocked on a neighbour’s door to ask him to turn down loud music was potentially trespassing, a court has heard.
Craig Harvey, 53, was granted home detention bail in the Supreme Court and prohibited from entering the Reynella East area where the alleged altercation occurred between himself and a father who had made a noise complaint.
On Tuesday, Tahlia Penn, for Mr Harvey, told Justice Rachael Gray her client had left his long-term employment shortly before the alleged crime – and his mental health “had taken a turn” as a result.
“Mr Harvey knew that this was not in fact a real firearm,” Ms Penn said “He knew it was a children’s toy, and that was quite distressing.
“There is an issue with respect to the complainant and essentially a possible issue of trespass on the behalf of the complainant into Mr Harvey’s house.
“While the allegations are quite serious on its face, they are contested.”
Mr Harvey is accused of pressing a gun into his neighbour’s chest when the man knocked on his door to complain about loud music about 5.30am on a Sunday in February.
He allegedly told the man that, if he told anyone about it, he “would make sure” the man was dead.
Mr Harvey is yet to formally enter any pleas to one count of aggravated threat to endanger life and one count of possessing a firearm with a licence.
A SAPOL spokesman confirmed the alleged victim, who was uninjured, called police just after 5.30am – with STAR Group officers, Polair and negotiators brought in to help.
A court previously heard officers conducted a search of Mr Harvey’s property where they allegedly found the weapon located in the lining of a quilt in the main bedroom.
On Tuesday, Justice Gray noted prosecutors weren’t opposed to Mr Harvey’s release on home detention bail – and his criminal history “did not show that he was unwilling to comply with bail conditions”.
“In the circumstances of this case, I’m determined to exercise my discretion – such that the review should be allowed and bail should be granted on home detention conditions,” Justice Gray said.
Justice Gray prohibited Mr Harvey from directly, or indirectly, communicating with the alleged complainant – and barred him from entering the suburb of Reynella East.
He will return to court next month where he is set to enter his pleas for the charges.
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Originally published as Craig Harvey wins bail after allegedly threatening neighbour with toy gun over music complaint at Reynella East