Sarah Franklin sentenced in Moorabbin Court over 7-Eleven coffee attack
A thug who threw hot coffee on a victim — who later died — during a violent struggle at a 7-Eleven has been sentenced for the “callous and cruel” attack.
South East
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A woman who assaulted a service station patron — including throwing a hot coffee on the victim — who five days later died has been jailed for four months.
Sarah Franklin, 53, appeared in Moorabbin Magistrates’ Court on March 13 for sentencing on one common law assault charge, after the “disturbing” attack.
Franklin, of Caulfield South, pleaded guilty to the charge after police couldn’t prove beyond reasonable doubt that the attack had been the cause of death of the victim 52-year-old Sarah Murphy.
But Franklin won’t serve any immediate jail time after being bailed after appealing the sentence.
The assault occurred at the Hawthorn Rd 7-Eleven on February 8 in 2022, where Franklin attacked Ms Murphy for more than a minute, before leaving the scene.
The incident was caught both in CCTV and bystander footage and Franklin was later charged.
In court on Wednesday, the footage showed Franklin fighting with Ms Murphy for a two-minute period, which included a hot coffee being thrown and a “protracted” physical altercation.
The culmination of the attack saw Franklin and her victim fall to the floor, where Franklin positioned herself on top of Ms Murphy with her knee in her back, as she lay face down and pleaded for help.
Ms Murphy died five days after the assault.
Magistrate Stephen Lee called the attack “callous and deliberate.”
“The victim pleaded for help while she was beneath you,” he said.
“Her words couldn’t have been more clear or concise. She uttered the word help six times. “You maintained the chokehold even as her legs were flailing under you for more than a minute.”
Mr Lee said the public nature of the assault aggravated the offending, despite the “unnerving nonchalance of the public”.
“You didn’t call the ambulance, you didn’t call the police. You left the victim lying there not moving,” he said.
“It must have been a truly frightening experience for the victim.”
Mr Lee said Franklin “deliberately ignored calls for help” and rejected any assertion of self-defence.
“She posed no threat to you. She was powerless and vulnerable,” he said.
“You showed a disturbing lack of basic humanity to the victim.”
Mr Lee sentenced Franklin to spend four months behind bars.
Ms Franklin appealed the sentence and was released on bail.
She will return to court on June 5 for the appeal hearing.
