A BUNGENDOREwoman accused of shooting her partner in the back had been assaulted by the man shortly before, a court has heard.
Queanbeyan Local Court heard the man had strangled Neoni Lee Banks, 41, during an argument before the alleged shooting.
Banks appeared in court on Monday afternoon on a charge of discharging a firearm with the intent of causing grievous bodily harm and using an unauthorised firearm.
Emergency services were called to the remote rural home on the Kings Highway shortly before 3am on Sunday following reports of a shooting.
On arrival, police found the 40-year-old man with a gunshot wound to his back. Paramedics treated him at the scene.
The man underwent surgery at Canberra Hospital and was in a critical but stable conditionon Sunday night.
By Monday morning he was stable, an ACT Health spokeswoman said.
Banks applied for bail when she appeared in court.
Her defence lawyer, Kamy Saeedi, told the court she would defend the allegations on the grounds she acted in self-defence and her intent.
Mr Saeedi said the pair had a volatile relationship marred by alleged domestic violence.
The court heard the pair had fought during the night after Banks told the man she wanted to end their relationship.
Mr Saeedi alleged the man verbally abused and strangled the woman at one point.
The court heard Banks then hid the man’s gunsbut loaded a .22, which she kept in her possession.
The lawyer said the defence would dispute the allegationthat the man had been walking away from her at the time the shot wasfired.
“He was furious and aggressive,” Mr Saeedi said.
He said the alleged offence had occurred within the strict confines of a domestic situation and Banks should be released on bail with certain conditions.
The lawyer said Banks could be pregnant, had a job, child, health issues,and farm stock that would be neglected if she were kept in custody.
But the magistrate refused bailon the grounds Banks did not meet the threshold of exceptional circumstances required to get bail for such a serious charge.
But the magistrate said Banks could reapply next week depending on the outcome of a pregnancy test.
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