Michelle McLennan receives intensive correction order for hindering manslaughter probe
A homeless Northern Rivers woman who breached an apprehended violence order by taking a fellow itinerant man to her ex-partner’s unit – resulting in his death – has escaped jail.
NSW
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A homeless Ballina woman who breached an apprehended violence order by taking a fellow itinerant man to her ex-partner’s unit – resulting in his death – has escaped jail.
Michelle McLennan, 45, appeared in Lismore District Court before Judge Craig Everson on Wednesday.
McLennan, who initially pleaded not guilty to all allegations and was set for trial, was arraigned instead on charges of concealing a serious indictable offence and giving false information to investigating police with intent to hinder the investigation of Rodney Rose for the manslaughter of Ballina man, Stephen Ponton in February 2022.
She was also sentenced for breaching an apprehended domestic violence order.
The plea of guilty to contravening an apprehended domestic violence order and hindering the investigation of a serious indictable offence of another was accepted in full satisfaction of the indictment.
She pleaded not guilty to concealing a serious indictable offence with the crown taking no further action.
Crown submissions to include a victim impact statement from Mr Ponton’s sister, Cassie were rejected, with Mr Everson stating McLennan was “not responsible for … the offence [of manslaughter]” and was “not charged with that offence”.
The court heard on February 4, 2022, McLennan and Rodney Rose went to Mr. Ponton’s home for shelter during heavy rain.
An argument ensued between McLennan and Mr. Ponton, prompting Rose to intervene and assault Mr. Ponton, causing grievous bodily harm.
Mr Ponton died the following day at Lismore Base Hospital.
Rodney Rose subsequently pleaded guilty to Mr. Ponton’s manslaughter, with the assault identified as the substantial cause of death.
Facts tendered to the court revealed on February 8, 2022, McLennan provided a seven-page statement to police, falsely claiming she did not know what had happened to cause Mr. Ponton’s death, and knew no one who would harm him.
The Judge said the false statement “formed the core of the hindering investigation charge”.
McLennan’s criminal history, which includes prior and subsequent offences, was highlighted as pointing to poor prospects of rehabilitation.
The court heard she had also struggled with drug and alcohol addiction.
Mr Everson determined an intensive correction order was more likely to address her risk of reoffending and support her rehabilitation, as opposed to full-time detention.
McLennan was convicted and sentenced to a nine month ICO for hindering a police investigation, commencing July 2 and expiring on April 1 next year, taking her pre-sentence custody of almost one year and three months into account.
For the related ADVO breach, McLennan was convicted but no further penalty was imposed.
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Originally published as Michelle McLennan receives intensive correction order for hindering manslaughter probe
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