ACT News

Bungendore shooting accused had been assaulted, court heard

A Bungendore woman accused of shooting her partner in the back had been assaulted by the man shortly before, a court has heard.

Queanbeyan Local Court heard claims the man had strangled Neoni Lee Banks, 41, during an argument before the alleged shooting.

Banks appeared in court on Monday afternoon on a charge of discharging a firearm with the intent of causing grievous bodily harm and using an unauthorised firearm.

Her defence lawyer, Kamy Saeedi, told the court she would defend the allegations on the grounds she acted in self-defence.

Emergency services were called to the remote rural home on the Kings Highway shortly before 3am on Sunday following reports of a shooting.

On arrival, police found the 40-year-old man with a gunshot wound to his back. Paramedics treated him at the scene.

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He underwent surgery at Canberra Hospital and was in a critical but stable condition on Sunday night.

By Monday morning he was stable, an ACT Health spokeswoman said. 

Banks applied for bail when she appeared in court.

Mr Saeedi said the pair had a volatile relationship marred by alleged domestic violence.

The court heard the pair had a number of heated confrontations during the night after Banks told the man she wanted to end their relationship.

Mr Saeedi alleged the man verbally abused and strangled the woman at one point.

The court heard Banks then hid the man's guns but loaded a .22, which she kept in her possession.

The lawyer said the defence would dispute the allegation that the man had been walking away from her at the time the shot was fired.

"He was furious and aggressive," Mr Saeedi said.

Mr Saeedi said his client had called the ambulance and attempted to provide first aid to the man.

Strict new bail laws in NSW means people accused of serious crimes, including those involving a firearm, must show exceptional circumstances before they can be released.

Mr Saeedi argued Banks could be pregnant to the alleged victim, had a job, young child, health issues, and farm stock that would be neglected if she were kept behind bars.

He said the accused could not get the required treatment for her health conditions while in custody and required further tests next week to confirm her pregnancy.

Mr Saeedi told the court that Banks would spent a significant amount of time in custody awaiting trial if not bailed.

The lawyer also said the alleged offence had occurred within the strict confines of a domestic situation and Banks could be released on bail with certain conditions as she did not pose a risk to the community.

But the magistrate refused bail on the grounds Banks did not meet the threshold of exceptional circumstances.

The magistrate said Banks could reapply next week depending on the outcome of a pregnancy test.

The matter is scheduled to reappear in court in October.