Graeme Herbert faces ACT Magistrates Court, accused of 'attacking older gentleman'

Graeme Leslie George Herbert was on Friday denied bail in the ACT Magistrates Court. He was arrested the day before and had spent the night in police custody.

The 20-year-old faces charges of common assault, joint commission causing grievous bodily harm, threatening to inflict grievous bodily harm, improper use of a motor vehicle and unlicensed driving.

Herbert has not yet pleaded to the charges.

Police documents tendered to the court say the alleged victim heard the sound of a motorbike going up and down Maconochie Crescent in Oxley at 1.50pm on April 22.

The man walked out to his driveway, waited and saw two people on a "Harley Davidson-style" motorbike with its registration plate covered with black tape, the documents state.

Police allege Herbert was driving the bike with a boy, who cannot be named due to his age, as a passenger.

Herbert is said to have driven the bike around the man, whose wife started filming on her phone.

The 20-year-old is accused of accelerating the bike with the rear wheel spinning as "white smoke emanated" from the tyre.

Police say Herbert yelled at the alleged victim to leave during the altercation, saying words to the effect of: "Leave or I'm warning you."

He then shouted: "Leave, c---.

"Imma [sic] fracture your whole face with one elbow, motherf---er!"

Herbert then allegedly placed both hands on the man's chest and pushed him backwards, yelling: "Get the f--- out of here, now."

He then asked the woman to stop recording, police claim, before the alleged victim stepped in the way and said: "That's enough."

Police allege Herbert then "lunged" at the man and raised his knee in the air towards his groin.

At this point, the woman is said to have stopped recording on her phone.

The co-defendant is accused of then punching the alleged victim on the side of his head.

The man is said to have fallen to the ground, breaking the fall with his hands which caused immediate pain in his wrists.

Legal Aid duty lawyer Ketinia McGowan on Friday argued Herbert should be released on bail, saying he did not live with family in Oxley and would reside in Belconnen.

She said Herbert had "no interest in retrieving" the motorcycle used in the alleged offending.

"It is evident on the statement of facts that Mr Herbert is not the main culprit," Ms McGowan said.

Prosecutor Hannah Mitchell opposed bail, claiming Herbert was likely to endanger the safety of the alleged victim.

She said the alleged victim had fractured his wrist as a result of the altercation with "young able-bodied men".

"The complainant is considerably older and less physically able to defend himself," Ms Mitchell said.

Magistrate Glenn Theakston said the alleged offending "appears to be two young, fit men attacking an older gentleman".

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He said the situation involved "burnouts using motorcycles" and Herbert "becoming aggressive and abusive very quickly".

The magistrate denied Herbert bail, saying he did so "very reluctantly".

"What's described here is a violent and unnecessary confrontation," Mr Theakston said.

"I have no confidence at all he will suddenly change his ways and comply to community standards."

Herbert was remanded in custody and is set to appear in court again on May 30.

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