ATM ROBBERY: Jamie Gear lost his second bid for bail.
ATM ROBBERY: Jamie Gear lost his second bid for bail. CONTRIBUTED

23-year-old 'doing it tougher than other prisoners'

BUNDABERG man Jamie Cameron Gear, accused of robbing a man using an ATM in September, has again been refused bail despite new evidence to show he was doing it tougher than other prisoners.

Gear, 23, who has been in custody since his arrest, went before Bundaberg magistrate Neil Lavaring via video-link from jail to make an unsuccessful application through Legal Aid barrister Nick Larter.

Gear, who has made no pleas, is charged with robbing a man at a Bundaberg ATM on September 19; and entering Bundaberg Backpackers to commit an offence on June 5.

In the application Mr Larter tended medical evidence that Gear suffers a brain impairment following a car crash in 2014.

Mr Larter said this and other medical issues would make Gear being in custody more onerous.

Mr Lavaring accepted there had been a change of circumstances because the report had not been before the court at Gear's first unsuccessful bail application.

However prosecutor Senior Constable Tina Bland said police continued to oppose bail as they considered Gear an unacceptable risk.

She said Gear had a substantial criminal history before the 2014 car crash.

Snr Cnst Bland said Gear had also been on two suspended sentences at the time of the new robbery charge.

Gear's parents attended the court and Mr Larter said Gear would, if granted bail, live with them at their rural home at Oakwood.

Gear could be placed on a curfew and report regularly to police, Mr Larter said.

Mr Larter said Gear had still not been seen by prison mental health services and this "compounds” the onerousness of his being in custody.

He said if he was released he would be able to attend to his medical issues.

Mr Lavaring said he found from the evidence before him that Gear was still an unacceptable risk and refused bail.

Gear's case was adjourned to later this month.



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