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Mark Toby refused bail after alleged public domestic violence attack in Kempsey - Kempsey, NSW
Smart summary
A man accused of assaulting a woman in a public place, allegedly dragging her by the hair and forcing her into a vehicle, has been refused bail after police presented evidence including witness accounts, CCTV footage...
A Kempsey man, Mark Toby, has been refused bail after appearing before a NSW bail court over a series of serious alleged domestic violence offences connected to an incident in the Mid North Coast region.
Police allege the incident occurred in a public area and involved a woman being assaulted before she was allegedly forced into a vehicle. During the bail hearing, police prosecutor Sergeant Ashley Uren told the court that evidence against Toby included witness statements, CCTV footage and a triple-zero emergency call.
According to police allegations presented in court, Toby allegedly smashed the woman’s phone, dragged her by the hair and forced her into a vehicle despite the presence of members of the public. Police argued that the alleged behaviour demonstrated a serious risk to the complainant and the wider community.
Toby, aged 27, is facing multiple charges arising from the alleged incident, including assault occasioning actual bodily harm, damaging property, breaching an apprehended violence order (AVO), stalking, driving while disqualified, and taking a person with intent to commit a serious indictable offence. The allegations have not been proven in court.
During the bail application, police opposed his release, arguing that the alleged offending occurred despite public witnesses being nearby. Prosecutors told the court that the presence of witnesses did not appear to prevent the alleged behaviour and raised concerns about what could happen if Toby was released into the community.
The defence proposed strict bail conditions, including a 24-hour curfew, no contact with the alleged victim, restrictions on alcohol and drug use, and a ban on driving. However, the court determined those conditions were not sufficient to manage the risks identified by police.
Judge Leanne Robinson refused bail, citing concerns about community safety, the alleged seriousness of the incident and Toby’s previous history involving domestic violence matters. The court heard that Toby had previously been involved in domestic violence-related incidents, including an alleged AVO breach.
The case highlights ongoing concerns around domestic violence offences across regional NSW, with police continuing to emphasise the importance of reporting incidents and collecting evidence such as CCTV, emergency calls and witness statements.
Authorities say evidence gathered during investigations can play an important role in court proceedings, particularly in cases where alleged offences occur in public locations.
Toby remains in custody and is scheduled to return to Kempsey Local Court on 24 September 2026. The matter remains before the court, and all allegations will be determined through the legal process.
AllegedCourtTobyBailPolice
A Kempsey man, Mark Toby, has been refused bail after appearing before a NSW bail court over a series of serious alleged domestic violence offences connected to an incident in the Mid North Coast region.
Police allege the incident occurred in a public area and involved a woman being assaulted before she was allegedly forced into a vehicle. During the bail hearing, police prosecutor Sergeant Ashley Uren told the court that evidence against Toby included witness statements, CCTV footage and a triple-zero emergency call.
According to police allegations presented in court, Toby allegedly smashed the woman’s phone, dragged her by the hair and forced her into a vehicle despite the presence of members of the public. Police argued that the alleged behaviour demonstrated a serious risk to the complainant and the wider community.
Toby, aged 27, is facing multiple charges arising from the alleged incident, including assault occasioning actual bodily harm, damaging property, breaching an apprehended violence order (AVO), stalking, driving while disqualified, and taking a person with intent to commit a serious indictable offence. The allegations have not been proven in court.
During the bail application, police opposed his release, arguing that the alleged offending occurred despite public witnesses being nearby. Prosecutors told the court that the presence of witnesses did not appear to prevent the alleged behaviour and raised concerns about what could happen if Toby was released into the community.
The defence proposed strict bail conditions, including a 24-hour curfew, no contact with the alleged victim, restrictions on alcohol and drug use, and a ban on driving. However, the court determined those conditions were not sufficient to manage the risks identified by police.
Judge Leanne Robinson refused bail, citing concerns about community safety, the alleged seriousness of the incident and Toby’s previous history involving domestic violence matters. The court heard that Toby had previously been involved in domestic violence-related incidents, including an alleged AVO breach.
The case highlights ongoing concerns around domestic violence offences across regional NSW, with police continuing to emphasise the importance of reporting incidents and collecting evidence such as CCTV, emergency calls and witness statements.
Authorities say evidence gathered during investigations can play an important role in court proceedings, particularly in cases where alleged offences occur in public locations.
Toby remains in custody and is scheduled to return to Kempsey Local Court on 24 September 2026. The matter remains before the court, and all allegations will be determined through the legal process.
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