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The Canberra Times
The Canberra Times
National
Hannah Neale

Man who barricaded himself accused of using javelin as weapon

A man accused of wounding another and having a javelin as an offensive weapon has been remanded in custody after his bid for immediate mental health treatment was refused.

Ashley Horbanowicz appeared via audio-visual link in the ACT Magistrates Court charged with intentionally wound and possessing an offensive weapon with intent.

Horbanowicz has not pleaded to the charges.

ACT Policing on Thursday said he was arrested after he barricaded himself inside his residence at Oaks Estate for several hours on Wednesday.

It came after police received a report about midday in relation to an altercation.

When officers responded, the defendant barricaded himself inside his residence, saying he had a chainsaw.

AFP negotiators, ACT Fire and Rescue, and ACT Ambulance services attended.

Negotiations went on for several hours during which he refused to leave his residence.

Shortly before 8pm, police forced entry to arrest him before he was taken to hospital for an assessment.

Police forced entry into a house after a man barricaded himself in his house in George St, Oaks Estate. Picture: Keegan Carroll

The court on Thursday heard that the offensive weapon charge related to a javelin and that the wounding was against another man.

After the standoff with police, he was taken to hospital and a mental health assessment was conducted on Thursday morning.

Horbanowicz's lawyer, Stephanie Corish applied for her client to undergo a mental health examination to determine if he needed immediate care because of mental impairment.

The court heard that a registered nurse, listed as a mental health officer, concluded from that morning assessment that such an order was not needed.

She said there was no evidence of an acute psychosis, mood disorder or suicidal ideation.

Prosecutor Julia Churchill said such an order was not appropriate because of concerns the defendant may flee at "an unsecured facility" without security or police.

Ms Churchill said that if bail were to be applied for, that factor goes towards the likelihood of the defendant endangering the safety and welfare of others and that there was a "high risk" related to him being potential charged with further offences.

However, Ms Corish said that the Thursday morning assessment took place in less than ideal circumstances as it was done quickly and briefly in court cells.

"Your honour needs only reasonable grounds to believe that a defendant needs immediate treatment of care," she said to magistrate Ken Archer.

In response to the potential to endanger others, Ms Corish said "surely that risk is best ameliorate by Mr Horbanowicz receiving some treatment in relation to his mental health".

Ms Corish also said it was common for defendants to be sent to hospital for such an order and that police or ACT Corrective Services personnel would accompany them.

"The police declined to interview the defendant yesterday because of their concerns of his mental state," she said.

"That's after those same police officers having spent some seven or eight hours making observations of him at home."

Magistrate Ken Archer refused to make an order although he said he did not for "a moment minimise the degree of the psychosis".

"I agree absolutely that the alleged behaviour was extreme and certainly caused great concerns in the minds of the police officers there," Mr Archer said.

He said that "in the face of expert evidence" suggesting immediate treatment was not needed, he could not "come to a belief based on reasonable grounds" that the defendant needed immediate treatment or care.

"Correspondingly, there isn't a need for him to go to an approved mental health facility," Mr Archer said.

"It seems to have been resolved at the moment."

The magistrate said facilities and resources were available at the Canberra jail and a transfer to a health facility could be made if needed.

Bail was not applied for and it was refused. The case is set for return on May 12.

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