SA Supreme Court denies man bail after alleged violent residence invasion

November 23, 2023by Naomi Cramer


A pregnant mum dialled triple-0 in a state of panic considering she was going to die after 4 males allegedly broke into her residence and stabbed her associate and threatened to kill her.

The grotesque details of the alleged horror residence invasion at a house in Adelaide’s outer north got here to mild within the bail software for Benjamin Nesbitt, one in every of 4 males accused of taking part within the attack.

Police allege Mr Nesbitt, together with Robert John Baker, Mark John Mumford and a juvenile, broke into the house of Mr Nesbitt’s neighbour after he complained in regards to the noise coming from Mr Nesbitt’s unit.

Supreme Court Chief Justice Chris Kourakis heard on Thursday the neighbour and Mr Nesbitt had a historical past of “unhealthy blood” and the incident kicked off within the early hours of October 5.

The 2 males banged on the frequent wall and shouted at one another earlier than getting right into a struggle on the entrance garden, with the complainant allegedly armed with a knife and Mr Nesbitt with a baseball bat.

The struggle broke up when Mr Nesbitt’s child appeared, however the court heard about quarter-hour later 4 males broke into the neighbour’s residence, with Chief Justice Kourakis decrying the “unbridled violence” that adopted.

Watch The West’s New NZ true crime collection: Vanishing Cousins

Supplied Editorial Benjamin Thomas Nesbitt faced the Adelaide Magistrates Court after
 allegedly attacking his neighbour. Pictures: Facebook
Digital camera IconBenjamin Nesbitt is a father to a three-year-old child. Fb Credit score: Provided

The boys allegedly trapped the person and his associate in a bed room and slashed the person’s arms.

Mr Nesbitt can be accused of holding a knife to the pregnant girl’s throat.

“He (Nesbitt) is the man who held the knife to my face and wiped my associate’s blood on me and advised me my blood is subsequent,” the girl advised police.

Prosecutor Leah O’Donnell additionally detailed how the girl dialled triple-0 in a state of misery.

“In my submission, it merely corroborates this was a violent and terrifying occasion for her,” Ms O’Donnell stated.

“She is sort of distressed in that decision and makes claims there are males in her home with knives and they will kill her.”

The boys additionally allegedly threatened the pair to maintain quiet, saying they might “come again and f**king kill you” in the event that they known as and made a report back to the police.

Police attended the South Terrace handle at 1.23am, discovering the three males at Mr Nesbitt’s unit and taking them into custody.

pThe court was advised Police additionally discovered bloodstained garments within the washer in Mr Nesbitt’s unit together with a bloody knife hid in sheets in a closet and bloodstained Nike sneakers.

Supplied Editorial Benjamin Thomas Nesbitt faced the Adelaide Magistrates Court after
 allegedly attacking his neighbour. Pictures: Facebook
Digital camera IconBenjamin Nesbitt denies he participated within the brutal residence invasion at Pooraka in Adelaide’s outer north. Fb Credit score: Provided

The police additionally allege a PlayStation and transportable speaker had been taken from the neighbour’s flat and had been present in Mr Nesbitt’s unit.

drugs, together with hashish and a white crystalline substance, had been allegedly discovered on the unit, although the prosecution stated it was not clear who was utilizing the drugs.

The police have charged the boys with aggravated inflicting hurt with intent, critical felony trespass and theft.

Mr Nesbitt is contesting the allegations in opposition to him.

He was initially refused bail at Adelaide Magistrates Court. His barrister Peter Hill on Thursday argued for Chief Justice Kourakis to rethink the refusal and grant residence detention.

He stated his client, who has a three-year-old son, didn’t have a felony historical past and the proposed handle was a great distance away from the complainants’ residence.

Mr Hill additionally argued there was a “cheap speculation of innocence” in his client’s case.

He stated his client returned to his unit after the struggle on the garden and had a bathe and didn’t take part within the residence invasion.

He stated Mr Nesbitt suspected his associate known as different individuals to attend the handle and commit the alleged offence.

“I say it is a case the place it’s actually not open and shut,” he stated.

“Mr Nesbitt at trial could have a possibility to present proof beneath oath, be cross examined, he’s longing for that chance.”

Chief Justice Kourakis refused bail, saying there was an “unacceptably excessive” danger Mr Nesbitt would intervene with the complainants.



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by Naomi Cramer

Auckland Lawyer for FIRST TIME Offenders Seeking to Avoid a Conviction. Family Law Expert in Child Care Custody Disputes. If you are facing Court Naomi will make you feel comfortable every step of the way.  As a consummate professional your goals become hers, with customer service as our top priority. It has always been Naomi’s philosophy to approach whatever you do in life with bold enthusiasm and pure dedication. Complement this with her genuine passion for equal justice and rights for all and you have the formula for success. Naomi is a highly skilled Court lawyer having practised for more than 20 years. She serves the greater Auckland region and can travel to represent clients throughout NZ With extensive experience, an analytical eye for detail, and continuing legal education Naomi’s skill set will maximise your legal rights whilst offering a holistic approach that best fits your individual needs. This is further enhanced with her high level of support and understanding. Naomi will redefine what you expect from your legal professional, facilitating a seamless experience from start to finish.   Her approachable and adaptive demeanor serves her well when working with the diverse cultures that make up the Auckland region. Blend her open and honest approach to her transparent process and you can see why she routinely delivers the satisfying results her clients deserve. If you want to maximise your legal rights, we recommend you book an appointment with Naomi today so she can detail the steps for you to achieve your goals. 

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