Ingham court: Danni Kercher sentenced on drug drive, assault police charges
A meth addict fearing jail broke down as her “horrific” criminal history was read to her during a roller-coaster sentencing in a North Queensland court.
An unrepentant meth addict fearing jail broke down as her “horrific” criminal history was read to her during a roller-coaster sentencing in a North Queensland court.
Danni Lee Kercher pleaded guilty in the Ingham Magistrates Court to two counts each of stealing, drug driving and obstructing police, and one count of assaulting police.
Police prosecutor Samuel Stewart said Kercher, who has criminal and traffic conditions spanning 12 pages, drove off without paying for more than $200 of fuel in Yabulu and Ingham in November last year.
He said Kercher was busted driving without a licence with both methylamphetamine (ice) and cannabis in her system, including in Ingham on December 9.
The obstruct and assault charges relate to an ugly incident later that same night in which Kercher suffered a drug-fuelled psychotic episode and repeatedly kicked an officer as paramedics attempted to inject her with a sedative.
Mr Stewart’s recommendation of a suspended prison sentence and probation was questioned by Magistrate Cathy McLennan who said jail was on the table.
She took issue with the prosecutor’s summation that the assault was a “mental-health episode”, saying the event was clearly drug intoxication, as evidenced by the drug-drive bust earlier that day.
“She’s got a horrific history for drug driving, she hasn’t killed anybody – I’ve seen worse histories where they’ve killed people – but it’s terrible.”
Defence Lawyer Murray Bower also attempted to claim, repeatedly, that the protracted episode was mental-health related but was firmly rebuffed by Magistrate McLennan.
She also rejected an application by Mr Bower to delay the sentencing to a later date, saying the case had dragged on long enough.
She did briefly adjourn the matter to allow the defence time to gather additional documentation.
Mr Bower persisted after the break, presenting the court with a document outlining his client’s mental-health plan.
Magistrate McLennan said the document failed to take his argument any further, saying Kercher, an intravenous drug user, was clearly drug affected during the incident, as outlined by police and the fact she was released from hospital when sober the next day.
“She got drugged up and presented to the hospital with these delusions, these grandiose ideas, she’s done that many, many times; that’s symptomatic of intoxication, methylamphetamine use.”
Mr Bower continued to argue the point before he was told to “move on”, twice.
Relenting, eventually, the Townsville-based lawyer said his client had a tortured upbringing.
Kercher, fearing jail, broke down as Magistrate McLennan spent more than seven minutes reading out the defendant’s criminal and traffic history, which included six convictions for dangerous operation of a motor vehicle, multiple attacks on police officers and significant terms of imprisonment.
“You’re getting older but you’re not getting any wiser.”
Kercher, who was repeatedly told to stop talking during the sentencing while family member Jarrath Martin Mollone was booted from court, was jailed on all offences, including a head sentence of six months for assault police.
She was given immediate parole but was slow to grasp her good fortune, claiming her treatment was unfair.
“What is unfair is you putting the community in danger over and over again, what is unfair is you getting drugged up and assaulting police over and over again,” Magistrate McLennan said.
“It’s typical of a meth addict where it’s all about you ... it’s not about you, it’s about stopping you from putting other people in danger.”
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Originally published as Ingham court: Danni Kercher sentenced on drug drive, assault police charges
