‘You die tonight’: Brothers accused of terrifying home invasion
Two brothers who allegedly attacked a couple with a hammer in a terrifying home invasion north of Brisbane have been refused bail.
Shane Kemp, 31, and Brent Kemp, 28, were yesterday denied an application for bail in the Brisbane Supreme Court over a violent home invasion at Petrie on January 31.
Justice Frances Williams said the brothers had gone to the home of Shane Kemp's ex-partner and her new boyfriend in an "escalating incident" following an initial altercation with the couple in Mango Hill earlier that day.
The court heard Brent Kemp took a hammer to the home that was later used by Shane Kemp to strike the ex-boyfriend, who was taken to hospital with a fractured skull.
In the separate hearings, the crown opposed bail for both defendants due to an "unacceptable" safety risk to the applicants.
Luke Smoothy, for the Crown, said the attack appeared to be motivated by retaliation or retribution, and far exceeded the level of violence of the initial altercation.
"Even if his ex-partner in effect started that initial altercation, what occurred later on that evening was in no way comparable to it, it was extremely excessive," Mr Smoothy said.
It will be alleged Shane Kemp told the new boyfriend, "You're going to die tonight," and, "I'm going to kill you."
Two children were home at the time.
However the defence said it would contest the facts of the case and the credibility of the complainants.
It also argued significant delays were expected if the matter was to be taken to trial, and they had not yet received a brief of evidence.
The court heard Shane Kemp had a criminal history consisting of eight bail breaches and multiple drug offences.
A probation order against him was set to expire the day after the alleged home invasion.
Tyronne Thomas, defence counsel for Shane Kemp, said the conditions of bail, if granted, would include no contact with the complainants, mandatory counselling and having to wear a GPS tracker.
But Barrister Zoe Kansky said Brent Kemp's case could be distinguished from his older brother's, as he was not present for the initial altercation in Mango Hill.
She said the 28-year-old father with no criminal history and who was for the first time in custody would resume work as a painter and stay with his mother, fiance and their eight-month-old baby if granted bail.
"The charges are contested as they currently stand and will be subject to lengthy delay," she said.
"In this case the applicant who has no criminal history could spend up to 12 months in actual custody before trial might be heard before the District Court."
Both men were charged with several offences, including three counts of assault occasioning bodily harm, acts intended to cause grievous bodily harm, common assault and entering a dwelling with intent.
Justice Williams said in neither case were the proposed bail conditions enough to alleviate potential risks of harm to the complainants.
She refused both men bail.
Originally published as 'You die tonight': Brothers accused of terrifying home invasion