Jesslee Ann Regmi guilty of common assault after putting a plastic bag over student’s head

A classroom demonstration has left a Sunshine Coast teacher awaiting sentencing for common assault.

A demonstration of what can happen to marine animals caught in plastic bags has left a Sunshine Coast teacher awaiting sentencing for common assault.

Jesslee Ann Regmi, 56, was demonstrating to a class the impacts of plastics on wildlife, specifically turtles, when she placed a plastic bag over the head of a young teenager without his consent on July 25, 2019.

Magistrate Rod Madsen found Regmi guilty of common assault after the matter went to a hearing in May.

During his judgment in Maroochydore Magistrates Court on Thursday, September 16, Mr Madsen said he found Regmi’s actions to be unlawful.

The court heard Regmi had approached the teen from behind and placed the bag over his head to show the class what can happen if plastics end up in the ocean and how marine animals can be harmed.

Jesslee Ann Regmi (right) leaves Maroochydore Magistrates Court with her legal counsel after she was found guilty of common assault after putting a plastic bag over student's head. Picture: Aisling Brennan

Despite Regmi giving evidence she had approached the teen in his line of vision before she placed the bag over his face, and not his head, Mr Madsen said the evidence given by the teacher aides who were in the class gave a clear picture of what occurred the day of the offence.

“All of the witnesses say the plastic bag was completely placed over the head of the complainant,” Mr Madsen said.

The court heard Regmi had in her defence argued the teen had given her permission to place the bag over his face and stood up during the presentation.

However, Mr Madsen said the teen, who had the intellectual capabilities of a six-year-old and was non-verbal according to evidence given by his mother, could not have implied any form of consent during the interaction with the plastic bag.

“In my view, I think it would not have been reasonable for the defendant to rely upon a non-verbal response of an intellectually impaired person to the demonstration, given she had some knowledge and experience with him,” he said.

The court heard the teacher aides present in the class had alerted the school principal the following day after they had felt the demonstration was “a bad idea”.

“The clear and overwhelming evidence was that in conducting the lesson, the defendant grabbed a plastic bag, placed it completely over the head of the child and then removed it without his consent,” Mr Madsen said.

“In my view, clearly a child like (the victim) should never have been exposed to that demonstration, particularly as he had limited capabilities.

“Clearly as he had an intellectual impairment, clearly he was never reasonably able to give consent.”

Regmi, who remains on bail, will be sentenced on Thursday, September 23.