A Ballina man was arrested over an alleged armed robbery.
A Ballina man was arrested over an alleged armed robbery. Contributed

Man arrested over 'robbery' on same day sister died in crash

A BALLINA man who will defend an armed robbery charge has been granted bail.

Christopher Creed, 28, has been in custody since October 4 over the allegation he produced a weapon during an altercation on Uralba St in Lismore's CBD the night before.

When he appeared before Lismore Local Court by video link on Monday, defence solicitor, Paul Cranney, told the court his client's sister had been killed in a road crash near Grafton the same day he was arrested.

Given her impending funeral, and Mr Creed's outright denial of the allegation, he asked Magistrate Jeff Linden to release him on bail.

"Mr Creed has been in custody since October 4," Mr Cranney said.

"He didn't ask for bail, he's been on remand since.

"That's also the day his sister passed away."

Mr Cranney told the court his client, who had been living with his sister, had "obligations in the community" in the lead up to her funeral.

He said risks of re-offending and risks to the community could be mitigated with bail conditions.

"It really comes down to whether there's a risk of further offences," he said.

Mr Cranney accepted police had put forward a "concerning" account of the alleged incident, but said his client had a very different version and a "reasonable explanation".

He said Mr Creed and the alleged victim were "known to one another".

"The victim asked Mr Creed to sell him the gel gun ... but didn't have the money and they ended up having a bit of animosity and they parted ways.

"If your honour accepts what I'm saying, then there was no robbery."

Police will however allege Mr Creed approached the 50-year-old and produced the replica pistol, demanding money, during the incident about 9.50pm on October 3.

They will allege he left a short time later empty-handed, and police found him in possession of the weapon when he was arrested on Keen St.

The police prosecutor opposed bail, citing concerns for dangers to the community.

"He was on bail at the time when he's committed this offence," she said.

Mr Linden found risks of releasing the accused could be mitigated with a range of conditions, and he granted Mr Creed bail to live at a Lismore address.

He must not consume alcohol or other drugs or occupy the driver's seat of any vehicle and will be subject to a curfew.