Gold Coast jockey Sariah Champkin successfully appeals Toowoomba assault conviction

An up-and-coming jockey who brandished horse grooming scissors during a fight with her Toowoomba roommates, has successfully appealed her conviction and will be retried by a different magistrate.

Jockey Sariah Champkin. Picture: File

A Queensland judge has ordered that an up-and-coming Darling Downs jockey will have her assault case re-heard before a new magistrate.

In July, Sariah Skye Champkin pleaded not guilty to assault occasioning bodily harm during a hearing before the Toowoomba Magistrates Court.

During the hearing, Ms Champkin said she assaulted her former roommate because she was scared and felt like she had no choice, but denied “stabbing” the woman.

“I did push the (blunt) scissors while they were shut down on the back of her neck,” Ms Champkin said in her testimony.

Acting magistrate Lisa O’Neill reserved her judgment and found the 23-year-old guilty on July 29, however the convictions were overturned a month later in August.

The court was told the fight started after Champkin suspected her roommate had stolen money from her. Picture: FILE

At the Toowoomba District Court on Thursday, August 29, Judge Alexander Horneman-Wren SC granted Ms Champkin’s appeal.

Judge Horneman-Wren said an examination of the hearing showed both police prosecution and Ms Champkin’s lawyer addressed the court on a defence of self defence, however the magistrate had not.

“Several other defences were also raised, her honour addressed those… but did not in any way address the defence of self-defence,” he said.

He noted one reason why that particular defence was not raised by the magistrate could have been because she did not consider it a viable defence given the facts.

“(However) in my view the defence of self-defence clearly arose on the evidence and her honour's failure to direct herself upon that defence and consider that defence was an error which requires correction on appeal,” he said.

“The real issue of the appeal has been… if the matter should be remitted to the same or a different magistrate.”

He said it would be ‘inappropriate’ to return the matter to the same magistrate.

“The appeal is allowed, convictions (are) set aside,” he ruled.

Ms Champkin confessed to verbally threatening her ex-roommate but denied stabbing her.

At trial, the court heard the fight between Ms Champkin and her former roommate occurred at their shared Toowoomba rental in March.

The court heard while the victim and another were moving their belongings out of the shared house, Ms Champkin confronted them about missing household items which included $200.

A physical fight ensued, which police say Ms Champkin started, however she denied throwing the first punch.

It resulted in the roommate being punched several times, and pinned to the ground while Ms Champkin pushed blunt horse grooming scissors to the back of her neck.

The court heard Ms Champkin held the woman’s head down and said, “I’ll stab you c--t.”

The matter will be remitted to the magistrate’s court.