A TEENAGER accused of being involved in a home-invasion and robbery with two of his brothers and a fourth co-offender has been granted bail.
Kelly John Conway, 17, appeared in the Rockhampton Magistrates Court yesterday for a bail application.
His brother, Lincoln Jeffrey Mark Conway, 19, who is also charged over the same incident on November 23, was refused bail on Tuesday. The court heard Lincoln had been sentenced in Toowoomba Magistrates Court in October for burglary and unlawful use of a car and is also charged with assaulting a person over 60 years in Chinchilla.
The other co-accused are Isaiah Joseph Conway and Joseph Robert Murgha.
Kelly's lawyer Morgan Adams argued the weapons involved - a crowbar, hammer and car jack - were only used to break into the premises at a Kerrigan St house, not to harm the victim or witness nor threatened to be used to harm either.
The court heard Kelly had the crow bar.
Magistrate Cameron Press said the police allege the accused all held onto their 'weapons' throughout the robbery, left the scene still holding onto them and were therefore armed throughout the robbery.
Police prosecutor Jess King said Kelly was on probation at the time of this offence for another home-invasion and pointed to the "element of personal violence against the victim in this robbery offence" in her bail objection.
She said police had gathered statements from the victim and witness, along with photographs of the victims injuries and photographs of messages sent via Facebook leading up to the offence.
"This is clearly an escalation of his offending," Ms King said.
Mr Press granted bail with conditions of Kelly reporting three times a week to police, adhering to a curfew between 7pm and 7am and residing with his father at Gracemere.
His matters have been adjourned until February 21 for committal hand up.