A Geelong man accused of serious firearm offences will have his case heard in a higher court after a magistrate declined to deal with the matter summarily.
Court Refuses Summary Jurisdiction
Shaun David Kennedy, 39, appeared before the Geelong Magistrates' Court on Wednesday, where his application for summary jurisdiction was formally refused. This decision means the case is too serious to be finalised in the Magistrates' Court and must proceed to the County Court.
Kennedy faces a series of charges stemming from an alleged incident in the small Western District town of Beeac, located approximately 130 kilometres from Geelong. The charges include intentionally causing serious injury, reckless conduct endangering life, and unlawful assault.
Additionally, he is charged with several firearm-related offences: possession of a firearm while prohibited, possession of a handgun without a licence, and discharging a firearm in a manner likely to endanger life.
Alleged Incident in Beeac
The charges relate to an event alleged to have occurred on December 29, 2023. While specific details of the incident were not fully aired in the brief hearing, the nature of the charges indicates a serious altercation involving a firearm.
Beeac, a quiet rural community, was the unexpected setting for the alleged offences. The case has drawn attention to the region, highlighting the judicial process for serious violent crimes in regional Victoria.
Magistrate Michael Coghlan presided over the hearing. His refusal to accept summary jurisdiction is a significant procedural step, acknowledging the gravity of the allegations. In the Victorian legal system, summary jurisdiction allows a magistrate to hear and determine certain indictable offences as if they were summary offences, leading to a potentially faster resolution and lower maximum penalties. By refusing it, the magistrate has deemed the case appropriate for a judge and potentially a jury in the County Court.
Next Steps and Legal Proceedings
With the Magistrates' Court phase now focused on committal proceedings, the case will move towards a higher judicial forum. Kennedy's lawyer, Mr. David Tamanika, was present in court and will continue to represent him as the matter progresses.
The accused man did not apply for bail during this appearance and was formally remanded in custody. He is scheduled to return to the Geelong Magistrates' Court for a committal mention on July 24, 2024. This next date will be a procedural step to move the case towards a committal hearing, where evidence will be tested to determine if there is a sufficient case to proceed to trial in the County Court.
The decision underscores the court's approach to allegations involving firearms and serious violence. Cases involving the discharge of a firearm in a manner endangering life typically carry severe maximum penalties, reflecting community standards and legal safeguards around firearm use.
As the matter progresses, further details of the alleged incident in Beeac are expected to be revealed during the committal process. The case continues to develop, with all parties now preparing for the next stage in the County Court system.
