Queanbeyan man who allegedly broke into house and demanded drug money granted bail

Scott Anthony Janiak, 34, has been charged with one count of aggravated enter dwelling with intent to commit a serious indictable offence and assault occasioning bodily harm.

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Janiak, along with a co-accused, who will appear in court at a later date, allegedly entered the house between 6.20pm and 6.28pm on June 30.

The court heard that once inside, the co-accused allegedly assaulted the victim and demanded money for a drug debt.

Janiak's lawyer Peter Woodhouse argued his client may not have been correctly identified and should be granted bail.

"The victim and witness statements don't match up," he said.

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Mr Woodhouse argued that victim statements from the night of the assault identified a different man to subsequent witness statements.

The court heard that all statements identified a man with short dark hair, facial hair and of a larger build.

However, a Facebook photo showed to police by a witness, was not a photo of Janiak.

Magistrate Geraldine Beattie examined the Facebook photo and noted the man pictured had a heavily tattooed right arm.

Turning to Janiak, who appeared in court via video link from jail, Magistrate Beattie requested that he show the court his arms.

As he lifted up his sleeves, Magistrate Beattie noted the accused had tattoos on both wrists but none on his arms.

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She warned the police prosecutor that they wouldn't have a "strong crown case" if there was doubt around the accused's identity.

The police prosecutor argued that Janiak did not meet bail conditions due to concerns he may re-offend, endanger victims and witnesses or fail to appear in court.

Mr Woodhouse urged the magistrate to consider the bail request with the inclusion of some conditions.

"My view is that the conditions can mitigate the risks that have been identified," Magistrate Beattie said.

"I'm going to grant you bail today, you get one chance, I'm not giving it to you again."

Janiak's bail conditions include reporting to the Queanbeyan police daily and complying with a strict curfew. He is also not to enter Goulburn or contact the co-accused, victim or any witnesses.

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