A court has been told former Bachelor star Sam Wood allegedly struggled with “anger” issues and led a “party lifestyle” — according to material from the Crown.
Mr Wood, 46, was on Friday denied bail on domestic violence charges, after spending nearly a month in custody.
He will be required to remain in custody awaiting his next court date.
The decision was handed down by Justice Patrick McCafferty in the Brisbane Supreme Court on Friday after Mr Wood’s initial bail application in Maroochydore Magistrates Court failed.
Mr Wood was charged on October 3 with assault occasioning bodily harm (domestic violence) and strangulation in a domestic setting following an alleged assault on his wife, Snezana Wood.
He has indicated he will defend the charges.
In his decision, Justice McCafferty outlined further alleged details of the Noosa incident from October this year.
Mr Wood was said to have allegedly “consumed several drinks at dinner” before an argument over packing for the end of their holiday broke out.
The court was told he was allegedly heard yelling Ms Wood and another person “can both die” and “I’m going to send you back to your own family”.
As things escalated, an adult witness allegedly closed the bedroom door before hearing “gasping” on the other side.
She opened the bedroom door to find Ms Wood, slumped forward.
During Friday’s bail application at Brisbane Supreme Court, Barrister Paula Morreau KC argued the acting magistrate in Mr Wood’s original bail hearing erred in her decision.
‘Party lifestyle’, alleged alcohol, drug use
Ms Morreau said the Crown case referenced alleged drug and alcohol use and a “party lifestyle” but it was not suggested Mr Wood suffered an addiction and Mr Wood was able to comply with any required bail conditions.
The court heard allegations, presented in the Crown case, Mr Wood struggled with anger.
However, Ms Morreau argued Mr Wood “has the capacity for self-control and willingness to avoid confrontation”.
Ms Morreau said Mr Wood’s matters, while serious, did not compare to other more violent and extreme domestic violence matters in which defendant’s had been released on bail.
“I concede the offences are serious,” Ms Morreau said.
“I don’t reduce or diminish that concession … they are not the most serious by which bail is routinely granted by this court.”
Mr Morreau said the current crown case took the complaint from Ms Wood, supported by the adult as a witness, at “face value”.
She said various evidence could be subject to “admissibility issues” at trial.
Referring to evidence of research which indicated strangulation convictions were linked to an increased risk of escalated domestic violence, Ms Morreau said every individual case should be treated as such.
“Risk factors observed in research and data is not of course predictive in an individual case, with every individual,” she said.
“The relationship was suffering with significant stressors.”
The barrister argued, although the Crown claimed a trial could take place within the time period, it was an “unrealistic prognosis” a trial would come before 12 months’ time.
She submitted Mr Wood had more than proven there were suitable conditions to reduce any risk of reoffending and a failure to appear in court.
“Showing cause does not require showing exceptional or special circumstances,” Ms Morreau said.
“(Rather it is) whether he can show there is no relevant unacceptable risk to his release.
“Appropriate conditions … demonstrably reduce the relevant risks to an acceptable level.”
Ms Morreau said Mr Wood was at risk of serving more time on remand than would be required if found guilty or sentenced on the charges.
Mr Wood has not yet made any plea and contests the charges.
“The question of the court now is to assess, if denied bail today, the effect of that in terms of the consideration of the crown case, the nature of the case and importantly how long that might take.”
Ms Morreau said the Crown and the defence agree a likely head sentence if convicted would fall around the two year mark, with Mr Wood to be released into the community under supervision after 12 months.
Wood to move to Tasmania under bail conditions
As part of his bail conditions Mr Wood’s legal team submitted he could reside in Tasmania, or if that was unsatisfactory, he could also live in Queensland and not enter Victoria, where his wife and the adult witness currently reside.
The court was told he would effectively be physically “separated” from Ms Wood.
Ms Morreau indicated Mr Wood would be supported in Tasmania and, to a lesser extent in Queensland, with means to travel back to Queensland for court appearances.
Ms Morreau noted Tasmania Police were well-equipped to handle out-of-state bail requirements and could regularly check on Mr Wood, liaising with Queensland Police regarding any bail breaches.
She said Mr Wood was a “recognisable man” who would easily be found out if he were to travel to Victoria unannounced.
“The risk that he could travel to Melbourne undetected … is remote,” Ms Morreau said.
Behavioural change program part of proposed bail conditions: court
Ms Morreau said Mr Wood had no adverse bail history, no prior court orders, had instructed lawyers, and the means “to assure he attends court in Queensland when necessary”.
While his employment had been “put in a precarious state” following the charges, he had worked his entire life and had “other personal stability factors in his life including a supportive family”.
“The real risk here and the only one (Judge McCafferty) needs to consider for is to the complainant … and it is effectively rendered minimal,” she said.
“The conditions that are proposed go directly to the risk.”
Ms Morreau said Mr Wood would agree to report to police and would attend a men’s behavioural change program as part of his conditions for bail.
“These are meaningful conditions and effective conditions that serve to reduce the risks raised by the crown to an acceptable one,” she said.