Man allegedly demanded money after ATM withdrawal, court hears

Bailed: A man charged with attempted armed robbery has been bailed. Photo by Rodney Braithwaite

A man followed a woman across a road and demanded money after she withdrew cash from a Shepparton ATM, a court has heard.

John Chalmers, 33, of Shepparton, successfully applied for bail at Shepparton Magistrates’ Court.

He is charged with attempted armed robbery, theft, committing an indictable offence while on bail, acting prejudicial to the good order of the police jail and criminal damage.

Shepparton police Constable Samuel Hudson told the court the woman had noticed Mr Chalmers sitting on a public bench nearby as she was withdrawing $100 at the Commonwealth Bank ATM in High St on February 26.

The court heard Mr Chalmers approached the woman as she left the ATM, and had a brief conversation with her.

When the woman walked across the road towards her car, the man allegedly “sprinted” towards her holding a bottle in his hand, Constable Hudson said.

The woman ran towards her car as the man made a demand similar to “give me that money”, he said.

When he made a second demand for the money she had just withdrawn, he was holding up a bottle, Constable Hudson said.

The woman “ran towards Wyndham St yelling out for help”, but no cars stopped, Constable Hudson said.

The court heard she then watched as Mr Chalmers allegedly opened her car door and took her keys before walking away.

Constable Hudson said when Mr Chalmers was arrested, he was “acting erratically”, and was captured on CCTV urinating and masturbating in the police cells.

He was also on bail at the time.

Prosecutor Charles Moffitt told the court the woman was fearful Mr Chalmers would come to her house if he was released on bail.

Mr Chalmers’ defence solicitor said images of her client on CCTV footage from nearby businesses were not clear, and argued the footage of the bottle raised in his hand “could be interpreted as gesticulating while holding a plastic water bottle in his hand”.

She said the matter was being contested on whether or not he was actually armed; however, Magistrate Peter Dunn disagreed.

“He’s armed because he’s using that (the bottle) to make his demand,” Mr Dunn said.

“It’s kind of like being a little bit pregnant – you either are or you aren’t.”

Constable Hudson told the court the charge of attempted armed robbery was being reviewed to decide whether it would be made out due to the weapon factor.

The defence solicitor said there was no evidence the alleged robbery was pre-planned, her client was diagnosed with mental illness, there would be a delay in the matter finalising and her client had already spent 62 days in pre-sentence detention.

Mr Chalmers is currently serving an 18-month community corrections order, and his solicitor said his engagement was “positive”.

She said her client had lapsed into using the drug ice in October last year, because he said he wanted to lose weight.

However, she said since his arrest, Mr Chalmers had had two months in custody to detox.

Magistrate Dunn said it was evident Mr Chalmers had significant health issues, but that his behaviour was “escalating”.

Mr Chalmers was granted bail on conditions including he report to police every Monday, abide by a 10pm to 7am curfew, not drink alcohol or use drugs, and comply with directions from mental health authorities.