Case dropped against alleged domestic violence victim charged with stabbing ex-partner

A South East woman who was charged with stabbing the man who allegedly perpetrated years of domestic violence against her will not face trial.

The case against an alleged domestic violence victim who was at breaking point when she was charged with stabbing her ex-partner has been dropped.

The South East woman spent three weeks in custody after she was arrested on February 3 and charged with aggravated – cause harm (with intent) – against own child/spouse and aggravated – commit assault – against own child / spouse – with weapon.

Prosecution withdrew the files at the Mount Gambier Magistrate Court on Monday with the accused appearing via video link from the Adelaide Magistrate Court.

The woman thanked Magistrate Maria Panagiotidis when she was told she was “free to go”.

The Mount Gambier Courthouse. Picture: Tait Schmaal

She had been granted home detention bail on February 24 for what her defence lawyer Jonathan Brohier had earlier said “was not an unprovoked action”.

Appearing at the same court a week earlier Mr Brohier said the woman responded to a text message from her ex-partner asking for “a root” knowing police would be at the property to protect her when he arrived.

By the time he arrived, police had left and the accused went to the front door with a knife and yelled at him to leave, the court heard.

“She snapped and thereafter her next recollection of what occurred was (the man) bleeding,” Mr Brohier said.

Mr Brohier detailed an abusive four year relationship, saying it was likely expert evidence would prove this was a case of battered women’s syndrome.

He acknowledged the seriousness of the allegations but said they must be viewed in context of a violent relationship which had brought his client to “breaking point” at the time of the attack.

“(The man) has assaulted (the woman), has been physically violent to (the woman) over a very sustained period of time,” he said.

“On one particularly horrendous occasion (the man) jumped up and down on (the woman) while she was lying on the ground and kicked her in the side with steel capped boots.

“(The woman) has been bullied into submission and has been living in a perceptual state of fear where she has been barricading her doors at night over the last few months.”

During the bail application Magistrate Panagiotidis accepted the woman had been a victim while police prosecution had opposed all forms of bail due to the seriousness of the offending and for the protection of the witnesses and victim.