John Nocen granted bail to live where he allegedly attempted to set police officer on fire

A magistrate decided to release John William Nocen, 43, in the Galambany Court on Wednesday after hearing claims a "mental health crisis" prompted the incident.

Nocen, of Gordon, had been behind bars on remand since his arrest on January 10, when police allege he assaulted his partner numerous times following their separation.

He is accused of hitting the woman with a torch, forcing her up against a brick wall, and punching her in the face and stomach at the family home.

"I'll just f---ing burn everything," Nocen allegedly declared at one stage.

The 43-year-old is said to have eventually gone to the garden shed, where, with a cigarette in his mouth, he allegedly poured petrol from a jerry can onto the floor.

Police, who arrived around this time, say he then used a cigarette lighter to ignite the fuel.

When a constable tried to pull Nocen out of the shed, he allegedly resisted and poured petrol "all over" the officer "in what police believe to be an attempt to light [him] on fire".

Police allege Nocen subsequently punched and elbowed the constable before a wrestle ensued and the officer hit his head on the ground.

While on the ground, the constable claims to have felt "burning sensations to his right arm from the cigarette lighter being ignited by [Nocen]".

Police eventually used capsicum spray to subdue and arrest Nocen.

Nocen has since pleaded not guilty to seven charges, the most serious of which are two counts of committing an act endangering life.

When he applied for bail on Wednesday, his Aboriginal Legal Service lawyer, Emilia Currey, told the court the alleged offending had arisen in "quite a specific set of circumstances".

Ms Currey said Nocen had been in a "mental health crisis" while facing the possibility of homelessness following the breakdown of his long-term relationship, which had since been rekindled.

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She outlined a bail plan devised jointly by Nocen and his partner, who attended court to indicate her desire for him to resume living with her.

Ms Currey also submitted that Nocen's physical and mental health needs would be better met in the community than in custody.

Prosecutor Timara Callaghan opposed bail, arguing Nocen was likely to commit offences and endanger his partner if released.

Ms Callaghan described the charges as "very serious" and the incident as "protracted".

"It is not a split-second loss of control," she told the court.

The prosecutor added that Nocen's "ongoing and unresolved" mental health issues were likely to make it difficult for him to comply with bail conditions.

Any non-compliance would inevitably bring him into contact with police, Ms Callaghan noted, telling the court the allegations revealed Nocen may endanger the safety of law enforcement officials.

Special magistrate Anthony Hopkins ultimately said while he had concerns, he believed the "comprehensive" bail plan was capable of adequately addressing the risks raised.

Dr Hopkins described Nocen's lack of criminal history and his partner's commitment to dispensing his required medications as "very significant" matters.

The magistrate noted material before the court suggested an "overconsumption" of medication may have contributed to Nocen's alleged offending.

After hearing he would go free, Nocen told Dr Hopkins he had intended to develop a mental health plan prior to his arrest but "didn't get there" at the time.

"I knew I was starting to go downhill," he said.

Nocen's partner told him "you're a free man, mate" as the 43-year-old got up to leave.

The Gordon man, who waved to a reporter as he was photographed outside the building, is due back in court on April 14.

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