William Tyrrell‘s foster mum fails to have child assault charges thrown out of court
Tyrrell’s foster mother has long-standing depression and PTSD and her alleged offences of assault and intimidation of a child (not Tyrrell) relate to a “particularly stressful” time in her life, a court heard.
Police & Courts
Don't miss out on the headlines from Police & Courts. Followed categories will be added to My News.
The foster mother of missing toddler William Tyrrell has failed to have allegations of assault and intimidation against a child thrown out of court on mental health grounds.
The woman, who cannot be named for legal reasons, is alleged to have kicked the girl while she sat on the floor and hit her with a wooden spoon in an attempt to discipline the child after she began “acting up”.
The incidents allegedly occurred in the family home early last year but the woman was not charged until November.
She is facing two counts of assault and two counts of intimidation. She has pleaded not guilty to the charges, which have been set down for hearing early next year.
However, the woman sought to have the case dismissed under mental health legislation during a hearing in Parramatta Local Court on Thursday.
The court heard the 56-year-old had longstanding depression and post-traumatic stress disorder and the alleged offending had taken place during a “particular stressful time” for the woman.
Police will allege the woman hit the child with a wooden spoon on one occasion, then kicked her in the left thigh – the latter which was allegedly witnessed by a younger child.
“The [alleged] kick caused the child some pain and discomfort and bruising,” Magistrate Peter Feather told the court.
“The accused told the complainant she was kicked because she believed the child was about to kick the younger child.
“The alleged victim did not kick that child and has denied the intention to do so.”
In arguing for the case to be diverted under mental health legislation, defence lawyer Sharon Ramsden said it was “unlikely, if not impossible” for her client to reoffend.
“There’s nothing to suggest she’s a danger to the broader community,” she said.
Police opposed the application, claiming the alleged actions towards the child amounted to “an ongoing pattern of violence”.
He also questioned what he claimed was a lack of detail in the woman’s proposed mental health treatment plan.
“It’s quite lacking it doesn’t set out the number of [psychological] treatments, the frequency or the duration of the sessions proposed,” he said.
Magistrate Feather accepted the woman suffered from diagnosed mental health conditions and that there was a “nexus between her diagnosis and the alleged commission of each of the offences before the court”.
However, he refused to dismiss the charges, saying he wasn’t satisfied the 12-month limitation on the treatment plan was sufficient time for the woman to receive adequate mental health treatment.
He noted the alleged offences were “aggravated” in seriousness due to them allegedly being committed on a “young and vulnerable” child.
The woman, who was supported in court by her husband, remains on conditional bail.
William Tyrrell was in the couple’s care when he vanished in 2014 at his foster grandmother’s house on the NSW mid-north coast.
The three-year-old was never found, despite years of Detective work, the interrogation of people of interest and a coronial inquest.
The foster parents deny any wrongdoing and say they have no knowledge of what happened to William.
Man shot while sitting in his car in Penrith
An investigation is underway after a man was shot while sitting in his car in Penrith on Friday night.
Driven to distraction: Alarm as young drivers rack up fines
So far this financial year, more than $1.8 million in fines have been issued to L and P-platers caught using their phones behind the wheel in NSW – averaging about 100 fines every week.