A woman who was found dead in her Cobram home in April died from a pre-existing illness that police say was complicated by an injury received in an assault.
John Torney, 39, of Cobram, is charged with intentionally causing injury, assault, unlawful assault of a female and unlawful assault between April 20 and 23.
The charges came after Emma Bates 49, was found dead in her Cobram home on April 23.
Police have also charged Mr Torney with contravening a family violence intervention order against a separate person by threatening to kill Ms Bates, as that threat was intended to cause fear in the protected person for their own safety or the safety of another person.
Police also say this charge directly relates to Ms Bates.
The prosecution applied in Shepparton Magistrates’ Court on Thursday, June 20, for a special mention in relation to a summary jurisdiction application where it wanted to have these five charges moved from the Magistrates’ Court to the higher County Court.
Prosecutor Leading Senior Constable Anna Hanlon told the court Ms Bates’ death was complicated by her pre-existing type 1 diabetes.
“We are not in a position to conclude her injuries (from an alleged assault by Mr Torney) rendered her unconscious and unable to manage her (diabetes) condition,” Leading Sen Constable Hanlon said.
However, she said the prosecution was still awaiting an autopsy report, which should be available in July.
Leading Sen Constable Hanlon said the prosecution believed it was inappropriate for the matter to be considered summarily in the Magistrates’ Court as it related to “a serious assault that is complicated by death”.
However, she ruled out a murder charge being laid in relation to the matter.
The court heard Ms Bates was found dead in her bed by police who went to her house to conduct a welfare check.
She had injuries that included a gash on her head, bruising to her eye, a lump on her left eye, a large lump and bruising under her right eye, and a cut nose and lips.
Leading Senior Constable Hanlon also said Mr Torney made a threat in an incident between himself and another man where he said he would “chop Bates up into bits and pieces and make (the other man) bury bits and pieces of her body in the bush”.
“The prosecution say those threats are relevant to this,” she said.
Leading Sen Constable Hanlon also told the court Mr Torney’s history was “littered with family violence”.
She said Mr Torney’s last prior matter in court saw him sentenced in Mildura Magistrates’ Court in 2023 to 377 days in prison and an 18-month community corrections order, which he was still on.
Mr Torney’s solicitor Nelson Brown argued that the fact Ms Bates had died was “irrelevant”.
“The prosecution case is for (a charge of) intentionally causing injury,” he said.
“That’s bruising and lacerations to the face.”
Mr Brown conceded that if Mr Torney was found guilty he would receive a prison sentence; however, he argued that he would not get more than five years — which is half the maximum penalty for a charge of intentionally causing injury — as he said it would be “manifestly excessive” given Ms Bates’ injuries from the assault.
Leading Sen Constable Hanlon disagreed with the defence about the relevance of Ms Bates being dead.
“Her death is not irrelevant,” she said.
In refusing the application to move the matter to the County Court, magistrate Ian Watkins said he had to determine the application “on the basis of the description of her injuries”.
“I note Ms Bates passed away from a pre-existing condition — type 1 diabetes,” he said.
“Looked at in isolation, these charges look like ones routinely dealt with by this court.”
However, Mr Watkins said Ms Bates’ death was “not irrelevant”.
He ruled that the matter should stay in the Magistrates’ Court for now, but said the court could reconsider the matter once the autopsy report was available.
Mr Torney is also facing court charged with unlawful assault, persistently contravening a family violence order, and seven separate counts of contravening a family violence intervention order in relation to other matters.
Mr Torney remains in custody, with his next appearance due on June 25 for a contest mention.