Joshua Kenneth Penny: Bail denied for accused gun thief amid claim brain injury is exceptional circumstance

An alleged Irwin gun thief has been denied bail despite his defence arguing there were “exceptional circumstances” in his case due to his traumatic brain injury.

Joshua Kenneth Penny appeared in Geraldton Magistrates Court via video link on Thursday for the first hearing on charges of being armed or pretending to be armed in a way that may cause fear and disorderly behaviour in public.

He is also charged with no authority to drive, possessing a prohibited weapon, unlicensed person possess firearm/ammunition, home burglary, stealing and possession of three or more firearms not being a holder of a licence or permit under the Firearms Act.

Mr Penny was originally supposed to be in court in October but was rushed to Royal Perth Hospital due to bleeding on the brain.

Outlining an application for bail, Mr Penny’s lawyer said the man suffered a serious head injury and experienced “trauma-related memory deficit”.

“I would submit this is an exceptional circumstance and I believe if Mr Penny is released on bail, he would be very well supported by family,” she said.

“Family support would be extremely beneficial towards his recovery.”

Her submission was accompanied by a letter from a men’s support worker in Meekatharra who had offered for Mr Penny to reside at his residence as well as a letter of support from his older sister.

Mr Kenny’s partner was also in attendance and interjected proceedings to support him.

“He wants to be a mentor, that’s what he’s been talking about doing,” she said.

However, police prosecutor Sergeant Beau Jones opposed bail, stating Mr Penny was in a schedule two position having already been on bail when these alleged offences occurred.

Magistrate Angus Hockton acknowledged the support from family but denied bail, ruling the brain injury was not an exceptional circumstance.

Mr Penny was remanded in custody and is due to reappear in court on February 22.