Alicia Gawronski escapes full-time jail sentence after punching, threatening dementia patient
An Illawarra woman maintains she did nothing wrong by an elderly dementia patient she cared for, despite police filming her punch and threaten the elderly woman.
Illawarra Star
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An Illawarra carer who assaulted and made vile threats to an 81-year-old dementia patient she cared for has escaped a full-time jail sentence, despite maintaining she did nothing wrong.
Alicia Gawronski was sentenced to a two year jail term to be served in the community on Friday, after police caught her unleashing a tirade of abuse on 81-year-old dementia sufferer Gladys Buchanan at a Thirroul home on August 31 last year.
The 28-year-old was found guilty of intimidation and common assault last month by Magistrate Roger Clisdell, however, Gawronski has refused to admit she did anything wrong by Ms Buchanan, insisting she loved her and used foul language toward her because “it was the way they spoke to each other”.
But the footage and audio recordings captured by the arresting police officers painted a very different picture to the “friendship” Gawronski described.
At one point, the 26-year-old can be heard yelling at Ms Buchanan, telling her “you’re full of s**t, you’re a carry on candy. No one’s going to believe you, you’re full of s**t, and you’ve got dementia, remember that.”
The elderly woman’s moans and screams featured heavily throughout the recording, before several slapping noises and Gawronski saying “do it again, I dare ya” and threatening to send her to a nursing home where nurses would “beat the f**k out of her.”
On Friday, Ms Gawronski’s lawyer Elias Tabchouri made an application for his client’s case to be dealt with under the mental health act, after a psychiatrist diagnosed her with post traumatic stress disorder, major depressive disorder, anxiety and borderline personality disorder.
He told the court that her life had been “littered” with traumatic events including a violent and abusive relationship with a former boyfriend.
“As a result of this incarceration would have a serious counter-productive effect on her,” he said.
“As someone who suffers from mental illness she would not be an appropriate vehicle for general deterrence.”
Police Prosecutor Sergeant Sean Thackray opposed the mental health application, saying that in her discussions with the psychiatrist, Gawronski demonstrated a “lack of insight” into her offending, and that the public would be best served by her being dealt with in the criminal justice system.
Magistrate Clisdell agreed, and raised concern over the fact that her mental illnesses were never raised with the guardianship tribunal when Gawronski became Ms Buchanan’s carer.
“It must be said that there couldn’t have been someone less suitable to be a dementia carer than Ms Gawronski,” he said.
“Now we find out that Ms Gawronski was suffering from a multitude of mental health issues and was prone to be loud and prone to outbursts.
“Whoever thought it was a good idea to leave her with an 81-year-old dementia patient … It simply defies logic.”
While Gawronski maintained she loved Ms Buchanan and would never hurt her, Magistrate Clisdell said it was difficult to envisage that, given the video captured on the night of her arrest.
“It may be she went in with the best intentions to care for Ms Buchanan but it’s clear she reached the end of her ability to cope,” he said.
“What the police filmed that night was horrific.”
The video depicted Gawronski punch Ms Buchanan in the thigh, as well as pushing her backward without support as she sat on the floor. Magistrate Clisdell said the treatment was “rough and unnecessary” and that the threats she made against the elderly woman were “insidious”.
“[The tone of her language] was designed to intimidate, it wasn’t described to co-operate,” he said.
“The victim was vulnerable, she was in her own home and was incapable of resistance.”
Although describing her behaviour as “appalling”, Magistrate Clisdell found her jail sentence would be best served in the community by way of intensive corrections order, to complete 100 hours of community service.
He ordered she be supervised by Community Corrections, banned her from caring for anyone for the next 12 months and that she must abstain from drugs and alcohol.
He also finalised an AVO for Ms Buchanan, which prevents Gawronski from contacting Ms Buchanan for the next two years.
Gawronski complained she was unwell and cried as her sentence was handed down, but was all smiles and laughter as she left the court with her family on Friday afternoon.