Michelle Spano avoids punishment for Kogarah assault over parking dispute outside doctor’s practice
Two women fought in the street, pulling each other’s hair and throwing punches - and it was all for an utterly petty reason.
St George Shire Standard
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A woman with no prior criminal record has wound up in court after she got into a hair-pulling punch-up with another woman outside a Kogarah doctor’s surgery.
The grapple was sparked after both woman wanted to park in the same spot.
Michelle Spano, 45, appeared in Sutherland Local Court on Tuesday where she pleaded guilty to assault occasioning actual bodily harm.
Agreed facts tendered to court said a woman was driving along Montgomery Street in Kogarah on December 3 last year about 1pm when she started to perform a three-point turn to park in a parallel car spot on the opposite side of the road.
Moments later Spano turned in front of the woman’s car.
The women then started arguing from their cars as who rightfully should park in the spot.
Police officers were stopped at the end of the street by an unrelated driver who told them about the “road rage” incident.
The argument was resolved when Spano parked in a spot in front.
But the dispute did not stop there.
Spano left her car and walked across the road to a doctor’s surgery where she had moments before dropped off her elderly and ill father.
The other woman left her car and followed Spano across the door and approached the front door of the surgery.
She turned to walk away but then pushed open the door before shouting at Spano, who was in the waiting room with her father.
Spano went outside and the pair got into a physical altercation.
CCTV footage from a nearby barber shop showed the woman pushed Spano before Spano punch the woman in the right side of the head with her closed fist.
They then grappled standing up and took hold of each other’s hair. The woman kneed Spano in the abdomen and Spano slapped the woman with open and closed hands multiple times, the court heard.
The victim raised her arms to hold off Spano, and ducked and moved but they both still had hold of the other’s hair and pressed their head together as they wrestled.
Moments later police arrived but the parties had separated.
Spano told officers the woman followed her and “pushed me towards the glass door and hammered the door”, while the woman said Spano punched her multiple times.
The woman sustained injuries including abrasions, scratches and bruises to her face, arms, body and legs, and a sprain to her right pinkie finger.
She went to Kogarah Police Station and provided a statement telling officers she was frightened and intimidated from the fight, adding she was in pain.
The woman went to two doctor’s appointments for assessment and treatment of her injuries.
Spano attended Hurstville Police Station on December 19, telling officers she was pushed against the door and punched in the stomach. After being shown the footage where she saw she made the first strike, she said she was also attacked.
In court on Tuesday, Spano’s lawyer said the woman’s injuries “fell below the lower end” of objective seriousness.
He said his client had never been before the court and labelled her an “industrious woman” her whole life, noting she worked two jobs and paid a mortgage.
Spano was also seeing a psychologist, which she went to after the incident, and wanted to continue attending.
The court heard Spano’s mother and father had cancer.
Ms Spano’s lawyer noted his client felt “real and heartfelt remorse”, adding the assault was an “aberration” backed up by character references saying she was never an aggressive or angry woman.
He noted she was unlikely to appear before the court and noted she had been “provoked” by the victim prior to the assault.
Magistrate Hugh Donnelly said the incident was a “breach of peace” and assault was serious enough for the other woman to be injured.
He said the whole incident was “unacceptable behaviour” and the “answer is never to assault another person” despite Spano being pursued.
Magistrate Donnelly took into account the aggressive behaviour from the other woman and that Spano was otherwise a person of good character.
He noted Spano’s contrition, nil prior criminal record and the extenuating circumstances.
Magistrate Donnelly placed Spano on a conditional release order and did not record a conviction, with the condition she must continuing psychologist counselling.