Rebels bikie in court over 2019 Bendigo home invasion where man was shot in the knee

Justin Talbot, 32, pleaded guilty to charges of home invasion and intentionally causing serious injury over the event early on September 29, 2019.

The offences carry a maximum jail term of 25 years and 20 years' respectively.

Talbot appeared via video link from Port Phillip Prison for a plea hearing before Judge Michael O'Connell.

Crown Prosecutor David Cordy told the court Talbot was a member of the Rebels outlaw motorcycle gang at the time of the incident following the AFL grand final day back in 2019.

Talbot and two others had forced their way into a home and demanded to know the location of a man they believed had stolen a Suzuki motorcycle from a Bendigo address. The person they were looking for was not there.

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Prosecution documents provided to the court state one of the occupants was a 45-year-old man from Footscray who had travelled from Melbourne the day before to spend time with friends.

His hosts had gone to bed and he had been sitting on the couch when two men burst through the rear door of the property then walked through the home to open the front door and let a third invader inside.

Talbot, brandishing a single-barrel sawn-off shotgun, spoke to the house guest and demanded to know where the alleged motorcycle thief was, while the others searched the home.

Talbot put the barrel of the weapon to the victim's forehead in a menacing manner. The victim said he didn't know and Talbot then cracked him to the head with the butt of the gun.

The court was told after about five to 10 minutes Talbot walked up to the house guest who was still seated on the couch, put the shotgun to his right knee and pulled the trigger in an action Mr Cordy described as "an outrageous act with high moral culpability."

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The three men then fled the property, while the property's owners called a taxi and then thought better of it and instead called an ambulance.

The house guest was taken to Bendigo Hospital and later transported to the Royal Melbourne Hospital where he underwent surgery to remove shotgun pellets and shotgun cartridge wadding from his knee.

Prosecution documents show police began tapping Talbot's mobile phone sometime after and intercepted text messages between him and a friend discussing a new girlfriend. Talbot wanted to know the identity of his friend's new girlfriend and said he was hurt because the information was not being shared.

The friend said there was nothing to tell and Talbot responded: "I told you when I shot someone".

The court heard Talbot had made this claim three times during the conversation.

A further separate text exchange between Talbot and another friend saw Talbot raise the subject again, this time in relation to duck hunting - which police believe may have been code for homemade alcohol.

"I can hunt duck, I can f*ckin' shoot people in the leg too".

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Talbot complained in one series of messages the other two men who he had committed the home invasion with him had cut him off and one had unfriended him on Facebook.

A victim impact statement tendered, but not read, to the court, confirmed the victim is now wheelchair-bound as a result of the injuries he sustained.

Psychologist Miriam Latif said Talbot suffered from post-traumatic stress disorder and attention deficit hyperactivity disorder as a result of other trauma in his life which could impact his ability to make calm and rational decisions.

She said mental health and substance issues could create "a perfect storm" leading to some people acting in an irrational and impulsive manner.

The custodial environment Talbot finds himself in would also add to his trauma and make his period of incarceration more burdensome, she said.

She agreed Talbot's membership of the Rebels increased the risks of his exposure to drugs and alcohol, and would compromise some of the progress he would make during a period of long-term, consistent and intensive treatment.

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Talbot's long-term integration back into the community would benefit from ongoing psychological and psychiatric support upon his release from prison, she said.

Mr Cordy cited Talbot's prior criminal history, which includes aggravated burglary and recklessly cause injury matters and subsequent counselling and support as part of treatment provided.

"Here we have him offending in a very serious way in 2019," he said.

Mr Cordy said Talbot was affected by drugs and alcohol at the time of the offending.

"It's difficult to say what caused him to behave in this way on this particular night, is that right?" he asked Ms Latif.

"His account of the offending flies in the face of the material that lies before the court."

Barrister Sam Tovey cited risk of further deterioration of Talbot's mental health in any lengthy prison term, and asked Ms Latif if it could have a serious adverse risk to Talbot's health.

She said there was no serious risk as medication seemed to be working well, but there was still a risk of deterioration over time.

Mr Tovey said his client had acted to aid a friend, but admitted it was not something he needed to be involved in. He said there had been no plan to use a firearm when Talbot and others planned to attend the premises, and the discharge of the firearm by Talbot had been "spontaneous".

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He said the two offences had occurred in quick succession, followed by a search of the premises and the shooting of the victim in the knee.

Judge O'Connell questioned the relevance of Talbot's membership of the Rebels when it was raised by Mr Cordy, who clarified Talbot's membership of the Rebels did not influence the Crown's assessment of his prospects for rehabilitation upon his eventual release from prison.

He said there was no doubt Talbot regretted his behaviour but transcripts previously tended to court showed there had been little remorse displayed by the accused.

Judge O'Connell adjourned the matter for sentencing on August 30. Talbot remains in custody.

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