A 39-year-old Hamilton man has been granted appeal bail despite being homeless after being jailed for three months.
Warrnambool magistrate Mark Stratmann found compelling reasons had been made out by a combination of factors.
Those factors included the issue of delay in that the defendant could serve half his sentence or more while awaiting an appeal hearing.
He said the man had a limited criminal history which did not include bail offences and he is classed as a vulnerable adult.
The accused has also maintained regular contact with his lawyer and attended at Hamilton court on Wednesday to have his matters finalised.
The man was bailed with the conditions he not leave Victoria, advise police of any change in address and not commit further offences, specifically against the victim.
It's understood that a number of people were prepared to allow the man to stay with them, but they all have warrants out for their arrest and were not prepared to come to court.
Lawyer Amanda Chambers said the man's friends were willing to provide support but not to attend court to give evidence.
She said those people involved were in a similar situation to her client, suffering varying degrees of intellectual disability.
"He's essentially couch surfing, but has been in regular contact with me," she said.
"Despite his homelessness he is no greater risk of reoffending."
Ms Chambers said her client and the victim were living in a tent for six months, but during the summer tourist season had been couch surfing.
"He says he will have no trouble finding accommodation and will stay in contact with me," she said.
An appeal in the Warrnambool County Court is expected to be heard in the first half of this year.
Earlier: A bail hearing will continue on Thursday for a 39-year-old Hamilton man who bashed his 18-year-old girlfriend on AFL grand final day after she stopped him getting more beer from a fridge.
The man, who cannot legally be named as that would identify the victim, pleaded guilty in the Hamilton Magistrates Court on Wednesday to recklessly causing injury and breaching an intervention order.
He was jailed by a magistrate for three months and told that if he had not admitted the offending and been found guilty he would have been locked up for six months.
The man has appealed against the severity of the sentence and applied for appeal bail.
That hearing was adjourned part-heard on Wednesday as a friend who was going to provide accommodation declined to attend court.
Police allege the 39-year-old man had been in a relationship with an 18-year-old woman for about 18 months when an incident took place on October 24 last year.
There was an intervention order in place protecting the woman from domestic violence.
On grand final day the woman was at an address she shares with other people.
The accused was drinking alcohol at the same address and when he went to get more alcohol from a fridge, the woman stood in front of the fridge and denied him access.
They argued, that turned physical and the man punched the woman to the face multiple times and pushed her to the chest, causing her to fall and hit her head.
She suffered a cut lip and pain to her jaw.
When the victim's housemates asked the man to leave, he pushed them to the chest, ripped a T-shirt and police were called.
On arrival, police officers found the victim upset and crying, she was covered in blood and said she was in pain.
The man was being held down by housemates to stop him causing further harm.
The woman refused to make a statement to police but she signed a medical release form.
The man denied he assaulted her and explained the woman suffered nosebleeds from stress.
Under further questioning he said he could have caused her injuries after his hand slipped and hit her face.
He was sentenced to three months in prison on the charges of recklessly causing injury and breaching an intervention order with the intention of causing harm or fear.
The man appealed against the severity of that sentence, but providing the court with a suitable address has become problematic.
The bail hearing is expected to continue and be concluded today in the Warrnambool Magistrates Court.
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