Probation for panicked drive-off causing injury
A CANNONVALE mum found guilty of dangerous operation of a motor vehicle walked away from court with 18 months' probation, lost her licence for six months and had a conviction recorded.
The 43-year-old attempted to escape a confrontation with her former partner by driving away with a car door open, knocking her former mother-in-law to the ground.
The argument began over a misunderstanding while picking up her daughter and the five-year-old was in the car when the incident occurred 11 months ago.
The incident occurred 11 months ago and the mother-in-law was taken to Proserpine Hospital with head injuries from her fall.
The driver, unsure what had occurred, drove straight to the Whitsunday Police Station.
Macrossan and Amiet lawyer Steven Hayles said his client was placed in a very stressful situation that included verbal abuse, which led to her driving off.
"It was not premeditated, she did not seek to hurt anyone,” he said.
"Her vehicle was stationary, there was a verbal altercation, some physical contact involving the grabbing of the defendant, and only after that has occurred the defendant has driven off, which has caused the offending behaviours.”
Magistrate Simon Young expressed concern the woman's five-year-old daughter was exposed to the incident.
The woman, a hairdresser, has a domestic violence order against her former partner and MrYoung did not exercise his discretion to create a new order.
"Both of her parents' behaviour is disgraceful in this context,” Mr Young said.
"This piece of legislation does not easily apply in these circumstances. I cannot name just (the child) in a protection order as she is five years old.”