Repeat Biloela DV offender narrowly escapes prison

A former prisoner has narrowly escaped going back behind bars after committing yet another domestic violence offence, as well as assaulting police.

Generic image

A Biloela woman with a terrible history of domestic violence offending has escaped prison by the skin of her teeth after breaching a domestic violence order and assaulting a police officer.

The 43-year-old mother, who cannot be named for legal reasons, received a visit from police at 5.47pm on Christmas Day 2020 after they received reports of yelling.

Her victim told the police the offender had called him names and abused him, according to police prosecutor Clancy Fox in the Biloela Magistrates Court on June 16.

Mr Fox told the court the offender said to the aggrieved, ‘you’re a c--t’.

“That’s the basis of the breach,” Mr Fox said.

The prosecution and defence did significant case conferencing leading to the seriousness of the charge being reduced, but it still represents a breach of the DVO.

The offender also refused to comply with police when she was under arrest, Mr Fox told the court.

“Police requested that the defendant remove her jewellery and she became agitated,” Mr Fox said.

He said the offender put her ring in her mouth and under her tongue as she was restrained by police.

According to Mr Fox, she swallowed the ring.

The court heard the offender’s breached a bail condition on March 5, 2021, where she wasn’t permitted to drink alcohol with the aggrieved, but she did anyway.

Mr Fox said the offender had committed previous domestic violence offences with previous partners, but had also been a victim herself.

The court heard she spent 245 days in prison after being incarcerated in 2018, then had a suspended sentence.

Solicitor Ms Kurtz, from Sanderson & Parks lawyers, said her client was intoxicated at the time and did not remember what happened.

“[The aggrieved] was removed from the situation and arrested, and then sometime later the police came back and arrested the (woman) for swearing,” she said.

“She was quite upset and confused as to why she was being arrested.

“In her mind, she was upset that she swore at the aggrieved but she thought that the matter has resolved with the aggrieved.”

Ms Kurtz was instructed the offender went to Rockhampton to attend a funeral but had some Passion Pop in the morning, got intoxicated and forgot about the bail condition.

When Ms Kurtz brought up the swallowing of the ring, the offender told the court she didn’t swallow it, despite what Mr Fox previously said.

“She believed she would go back to prison and she didn’t want to lose that again,” Ms Kurtz said.

The court heard it was an engagement ring from a previous partner.

Ms Kurtz told the court the offender was the aggrieved’s main carer.

“The aggrieved in this matter has quite complex disabilities and other issues,” she said.

Ms Kurtz said the offender also used to work as an NDIS support worker.

The court heard the aggrieved used to have care provided for him five days per week, with the offender looking after him the other two.

But after moving to Biloela, there were issues with the support services provided to him, so the offender became his main carer.

Ms Kurtz said she was instructed the aggrieved had issues with drugs and could become a ‘handful’ for the offender to deal with.

She said the offender had sought treatment for her domestic violence and alcohol issues.

Ms Kurtz asked for the offender to get a head sentence of four to six months imprisonment with immediate parole.

“I have explained the seriousness of her history to her and at any offence could risk her going to jail,” Ms Kurtz told the court.

“She accepts that she’s on thin ice.”

Magistrate Philippa Beckinsale said she would have trouble giving the offender six months imprisonment over using a swear word.

Ms Beckinsale said it was more problematic the offender assaulted police.

“I don’t know that one use of this word has a particular impact on the victim,” Ms Beckinsale said.

“I still find 10 months [suspended sentence] difficult to understand if it involved language.

“I would not give someone six months for saying c--t.”

However, the magistrate said it was still not good behaviour towards her partner.

Ms Beckinsale said old habits died hard and it would be hard for the offender to break the cycle if she had been in domestic violence relationships most of her life, but she would need to end that habit.

“Any breach brings you to the point where you’re risking imprisonment,” the magistrate said.

“It is, you’ve got to understand, not treating your partner in a good way.”

Ms Kurtz then submitted to invoke the 10 month suspended sentence, release the offender on parole immediately, and give a new, longer suspended sentence for these current matters.

Mr Fox said he wasn’t opposed to that.

When the offender pleaded guilty to assaulting police, obstructing police, breaching bail and contravening a DVO, the magistrate sentenced her to three months imprisonment, wholly suspended for 18 months.

Her previous suspended sentence was extended by four months.

All convictions were recorded.

“People are entitled to make mistakes but you’re getting to the position where if you make that one slip, it’s likely to land you in prison,” the magistrate said.

“So please, engage with your counselling.”