Bail for man who allegedly bashed woman over shower sex snub
A man who allegedly brutally assaulted his former girlfriend because she refused his demands for sex in the shower has been granted bail by the Supreme Court.
South East
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The Supreme Court has bailed a man who is accused of attacking his former partner and smearing faeces in her face because she allegedly refused to have sex with him in the shower.
Brendan Paul Brzezowski was initially refused bail at Frankston Magistrates’ Court because he was considered an unacceptable risk to the welfare of the woman.
But he appealed that decision and has now been granted bail with a curfew and a surety.
Police say the Cranbourne 45-year-old was drunk when he allegedly bashed and threatened to rape and kill his former partner in October last year.
He is contesting a series of serious assaults, threats, false imprisonment and criminal damage charges.
When he appeared at Frankston court by video link on April 9, Magistrate Vicky Prapas refused him bail.
Ms Prapas said despite a risk of delay due to COVID-19 restrictions, if released he presented too much of a threat to the woman and he’d had issues complying with intervention orders and bail requirements in the past.
But on Tuesday Supreme Court Justice Andrew Tinney overturned that decision, granting Mr Brzezowski bail with a $3000 surety, an evening curfew, and on condition he didn’t take drugs or drink alcohol and not go to Clyde North.
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Justice Tinney said there was no problem with Ms Prapas’ decision, but things had changed in the past seven weeks Mr Brzezowski had been in custody.
He said Mr Brzezowski had already spent four months inside and his case would not be heard until at least later this year or perhaps early next year, meaning he could spend a year on remand.
Justice Tinney said if Mr Brzezowski was to be found guilty he may receive a sentence lower than the amount of time he would have spent in custody.
He also said he believed Mr Brzezowski wasn’t an unacceptable risk as there had been no contact between him and the woman since he was arrested in January and there were court orders in place to protect her.
Mr Brzezowski is expected to appear at Frankston court again on a date yet to be listed.