Mum avoids jail after choking, spitting, scratching twin sons
A NANANGO woman has been handed a suspended prison sentence after assaulting her twin sons, which included choking, covering one boy's mouth and nose with a bag of meat, scratching, spitting and throwing a chair.
The woman who can't be named for legal reasons pleaded guilty to four charges of common assault and two charges of assault occasioning bodily harm at Nanango Magistrates Court.
The Court heard the assaulting occurred between March 31 and May 1 2020, where the woman assaulted her two 12 year old sons.
Police prosecutor Sergeant Lisa Manns read the facts to the court.
In relation to the first charge, the defendant grabbed both of the victim child one's hands with her own, pinned him on his back before using both her knees, placing them on the child's arm.
She then used both her hands, placed them around his throat squeezing them with pressure.
The victim child could not breath, making gagging noises saying "help me," this occurred for around ten seconds.
In relation to charge two the boys were playing Xbox and at around 8pm at night victim child one said to the defendant, "you are going to end up like a druggie."
The defendant then became angry, walked over, pushed victim child one onto his back and used her knees to pin his arms to the bed so he couldn't move.
She then moved over the victim child one so her face was above his and proceeded to spit on his face, where some of the saliva went into his mouth.
In relation to charge three the victim child one, attempted to run to the bathroom to wash the spit off his face before the defendant followed him and used her foot to kick his leg causing immediate pain to his leg.
In relation to charge four, the court heard the defendant came home with hot chips, victim child two went outside to get some chips before the defendant grabbed hold of his arm with her nails, proceeding to scratch up his arm causing deep scratching.
In relation to charge five, the court heard the victim, child two, was walking past the dinner table and the defendant had placed a bag of meat against victim child twos face covering both his face and nose.
Victim child one ran over and pulled the defendant away from child two before the victim told his brother he couldn't breath.
In relation to charge six, child one was sitting at the dining table eating KFC before saying to the defendant "what do you see in him," referring to the defendants current partner
The defendant became angry, stood up, walked behind victim child one and pushed his chair onto its side with him on it.
He landed on his side, experiencing pain on his right leg.
The defendant then picked up another chair and threw it at the victim, landing on his right leg causing more pain.
The defendant was represented to Jay Rose from Rosegold Legal.
Mrs Rose said with respect to the charges and allegations the defendant has no memory of any of those incidents.
"Since that interview (her children) have not been in her care, they are living with family, one is living in Brisbane and two are living around this area," Mrs Rose said.
"My client reports to drinking, but reports the cause of her memory loss being related to menopause.
"She was in a relationship with the children's father for about ten years, he passed away two years ago and it seems the grief and loss have contributed to this situation also to the fact where she found herself struggling to cope with the care of three teenage boys.
"With no history at the age of 50 and the children not likely to come into any unsupervised contact with her in the near future or until they are 18, if your honour was to impose any form of imprisonment it would be my submission that it be wholly suspended for an operation period and I do think she would benefit from a probation order."
Magistrate Andrew Sinclair said the defendant pleaded guilty to a number of offences that involved serious violence against her own children.
"I accept as a person in the middle of your life with no previous convictions this behaviour is out of character," Mrs Rose said.
"It did extend for a period of time and that does appear to relate to a period in which you were suffering some grief, which you haven't dealt with yet.
"The offences are quite serious because they involve violence against young people in the home from the person who should be protecting them from violence."
For the two assault occasioning bodily harm charges she was sentenced to six months imprisonment suspended for 18 months.
For the four assault charges she was sentenced to an 18 month probation order.
Convictions were recorded for all offences.