Elizabeth Anne Tobin: Mum’s rage after biting woman and attacking 17yo
A neighbourly gathering in the Illawarra descended into chaos after a foul-mouthed mother bit a woman, pulled her hair extensions out and assaulted a 17-year-old girl. Read about the “very disturbing case”.
Illawarra Star
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A “gathering to do jigsaws” became a puzzle for the courts as a middle-aged Illawarra mother contested multiple assault charges relating to biting a woman and assaulting a 17-year-old girl.
Elizabeth Anne Tobin pleaded not guilty to charges of common assault, assault occasioning actual bodily harm, resisting arrest and assaulting a police officer which stemmed back to November, 2020.
However, after a five-hour hearing in Wollongong Local Court on Friday, she was found guilty of all four charges despite the 49-year-old alleging she was the real victim claiming she‘d had her teeth kicked out and was assaulted by a police officer – linking the incident to the murder of African-American George Floyd only months prior.
Magistrate Robert Walker stated there was “no doubt [Tobin] had issues” before hitting her with an 18-month community corrections order.
The court heard how Tobin went to a gathering at a Surfside Dr, Port Kembla, on the evening of Friday, November 6, as she tried to unwind from arguments with her husband of 18 years who had been having an affair with her best friend.
The night spilt over into the early hours of Saturday morning when an incident unfolded between the six-beers-deep Tobin, Jessica Gill and another woman who was 17 at the time.
Tobin claimed the two women had jumped her, accusing the 17-year-old of “slamming her foot in her mouth area, shattering her jaw bone and knocking her front teeth out”.
However, Magistrate Walker didn‘t believe Tobin given “none of the other (seven) witnesses back up that story” with the magistrate finding the woman had assaulted the 17-year-old by yanking on her hair before biting Ms Gill on the arm and pulling her hair extensions out.
Ms Gill told the court during her examination that the frantic incident had left her with multiple mental health scars which required medication.
The incident occurred after a remark from the 17-year-old about Tobin repeatedly bringing up her husband which, according to the evidence of Ms Gill, the teenager and witness Dominique Borg drew a response of “What the f*** did you say about my husband”.
Tobin was restrained by Ms Gill‘s stepfather, Carlo, as police were called with the court witnessing confronting police-body cam footage of an out-of-control Tobin screaming profanities as the officers tried to get a gauge of the situation.
“That little 17-year-old b**** knocked my teeth out,” Tobin screeched.
“I spent 10 grand on these teeth and my poor teeth are in this house with those drug-f***** c****.
“[To Senior Constable Cliff Cains] You‘re an arrogant f****** a******.
“You better find my teeth tonight cause I‘ll be back in the morning.”
It took between two and four police officers to arrest the wild 162cm-tall woman with Senior Constable Andrew Herring sustaining a scratch to his hand.
During examination, a hostile Tobin accused Snr Cst Herring of swearing at her and “flogging her t***”.
“Herring leaned over me in the back of the bull wagon and said ‘I’m glad your husband knocked your teeth out you ugly black c***,” Tobin said before asserting the officer had mocked ”I can’t breath” and was ”having a dig at her culture” in the wake of Mr Floyd’s murder in the USA.
Tobin claimed she had no recollection of anything between the initial incidents and being chucked into the paddy wagon, but was riled up when the magistrate said she “didn‘t remember”.
“So you don‘t remember [that period],” Magistrate Walker said.
“No,” Tobin fired back.
“I didn‘t not remember, I had no recollection.”
Tobin, who was puffing on a joint through the evening, was also furious at being described as intoxicated despite downing six cans of Tooheys New and appearing under the influence during her foul-mouthed tirade at the police.
“I wasn‘t intoxicated,” she argued.
“I had six beers in nine hours. I know I look intoxicated, but I wasn‘t, I was wet from the alcohol.
“Looking at the footage … that was not me, I don‘t remember any of it.”
When handing down the sentence, Magistrate Walker said the “very disturbing case” could be labelled ”Where‘s my f****** teeth” adding Tobin’s ”big gaps in her evidence” led him to believe her account ”flew in the face of reality”.
“We did all see the shocking display [on the body-cam footage], she was out of control and abusive,” the magistrate said.
“I‘ve never seen someone have such a bad memory during my 20 years in the Local Court after only seven beers … Seven beers is just rubbish, it’s the sort of behaviour you see when someone is on ice.
“I have a picture where you are missing your front teeth, but in the picture there are no injuries. I played football and I played New Zealand a couple of times and I have been stomped on and it left marks over my entire body – [if you had been stomped on] it would have left a mark.
“No other witness backed up your story. It seems a fairly closed case. You were looking for your teeth in the wrong place, you were out the front when you lost your teeth in the backyard.”
Magistrate Walker pointed out Tobin had a charge, which is still before the courts, of stalking and intimidating on her record which the court heard related to her former best friend who had the affair with her husband who was sitting through the hearing.
Tobin had told the court she had been “travelling in a caravan” however, her lawyer Ron Davies told the magistrate his client was ”homeless” and was living in a caravan park and that she was currently receiving worker‘s compensation.
The CCO will expire in February, 2024, with Tobin ordered to undertake a program about alcohol and substance abuse and to be supervised by Community Corrections.