Georgina Witchard forced to face Ballina Local Court after using pitchfork as weapon against husband during dispute

A court has heard an elderly woman pinned her husband of more than five decades against a wall with a pitchfork after he moved pot plants.

Georgina Witchard, 82, pleaded guilty at Ballina Local Court on May 18, 2023 to common assault.

An 82-year-old woman pinned her husband of more than five decades against a wall with a pitchfork after he moved her pot plants, a court has heard.

Georgina Witchard pleaded guilty at Ballina Local Court to common assault of her husband of 53 years.

Witchard and the man lived under the same roof at West Ballina, but were separated, police facts state.

The pair enjoyed separate areas in the home and pot plants were used to divide the backyard so they could not cross into each other’s space.

Witchard’s husband tried to remove the plants and she tried to stop him about 1.30pm on March 27.

Georgina Witchard wept in court when she was being sentenced.

“A struggle occurred causing Witchard to lose her self-control and arm herself with a pitchfork,” police documents state.

“Witchard assaulted her husband by pinning him against the house with the pitchfork.”

The man grabbed the garden tool and it left a small cut on the back of his hand.

Police were called to the home and Witchard admitted to the offence when she was interviewed.

Defence Lawyer Robert Frank Manitta told the court on May 18 that Witchard previously put up with verbal and physical abuse from her husband.

Witchard’s defence lawyer said her husband had verbally abused before she picked up the pitchfork.

“That day the verbal abuse increased, Witchard was called a s--t, she went to the police station to report it and came back home where the abuse continued,” he said.

“She picked up a pitchfork and said ‘stay away from me’ and he did not … she momentarily lost control.”

Witchard faced court with no previous criminal history.

Magistrate Karen Stafford spoke in court as Witchard wept.

Ballina Local Court. Picture: Tessa Flemming

“It’s a serious charge in the criminal calendar … you used a gardening tool as a weapon in his own home,” Ms Stafford said.

“Any injury to an elderly person can have effects we can’t foreshadow.”

“I do accept you are a person of good character and I am satisfied you are genuinely sorry for what you’ve done.

“The courts can have some discretion for you, as you have had a long life without offending.”

Ms Stafford sentenced Witchard to a two-year conditional release order.