A FATHER was clinging to life in hospital late on Friday after an alleged fight turned physical in a Tamworth home.
But Tamworth Local Court heard the 52-year-old father was the first to allegedly throw a punch when the altercation broke out at the Merrinee Street home in Hillvue on Thursday night.
Brandon James Booby is charged with domestic reckless grievous bodily harm of his father - an offence that carries a maximum of 10 years' imprisonment, if found guilty.
"Do I read it on the police facts, the accused was hit first by the victim?" Magistrate Julie Soars asked in the bail hearing.
"That's correct," Legal Aid solicitor Wendy McAuliffe replied.
Booby was not required to enter a plea to the charge on Friday afternoon, and sat quietly in the dock, in front of eight family and friends seated in court.
Ms McAuliffe submitted a list of written conditions, which was agreed to by the prosecution. It included a list of names of family members "who he can have contact with" if in the "direct company" of the nominated person.
"So nothing on the record," Ms Soars said, examining Booby's record.
Police prosecutor Sergeant Rob Baillie said the proposed conditions "mitigated" the "risk of flight", and the other risk, "to a lesser extent, interference with prosecution witnesses."
Ms Soars said because Booby's release "is not opposed ... I will grant you bail".
"You will need to comply," she warned Booby of his conditions.
"You're facing a serious charge."
Ms McAuliffe did not ask for a brief of evidence to be served, just yet.
Instead, she asked for the case to be adjourned to next week because the court heard they would need "to confirm the situation in terms of the appropriateness of charges".
When Ms Soars asked if it was because of "negotiations", the court heard otherwise.
"No, to see the health of the complainant," Ms McAuliffe replied.
The court heard the bail conditions could be altered because of Booby's "work", and "depending on what happens over the weekend" with the complainant, who remains in hospital.
The circumstances surrounding the argument are still under investigation.
A crime scene was set up at the home and examined by forensic police. It remained under police guard on Friday. Detectives have interviewed several witnesses as part of their investigation.
As part of his bail conditions, Booby is effectively under house arrest, to live with a family member while the case progresses.
He must report to police daily; remain at a Tamworth address unless he is in the direct company of the nominated family member; and he's prohibited from applying for a passport or going near an international departure point out of the country.
He's also prohibited from contacting his father; and must post $1000 in surety. He will return to court next week.
The court heard the case will be referred to the DPP to prosecute, which would eventually see it moved to the district court for trial or sentence.