CHRISTMAS DAY FIGHT: A 25-year-old woman has faced Gayndah Magistrates Court after contravening a domestic violence order. Picture: File
CHRISTMAS DAY FIGHT: A 25-year-old woman has faced Gayndah Magistrates Court after contravening a domestic violence order. Picture: File

Young mum blames pregnancy for Christmas fight with sister

AN ARGUMENT between two sisters on Christmas Day started because the defendant was pregnant with a girl, a court has heard.

A 25-year-old North Burnett woman, who cannot be named for legal reasons, faced Gayndah Magistrates Court charged with contravening a domestic violence order.

Police prosecutor Louise McConnell told the court of the breach that occurred in 2019 on December 25 in Chinchilla.

"Around 10.40am police were called to a disturbance between two sisters in Chinchilla, when they observed a pregnant woman (the defendant) sitting in an open garage," she said.
"The aggrieved (her sister) has then walked from the house to the garage, at which time they began arguing."

Ms McConnell told the court both parties continued arguing when the aggrieved approached the defendant, disregarding the directions of police.

She was subsequently arrested, and then released after calming down minutes later, according to Ms McConnell.

"The aggrieved told police she's had the defendant's child in her care for the last year, which had caused an argument," she said.

"The defendant then held up a bottle to the aggrieved before smashing it on the ground, and threw a phone at the aggrieved, which hit the wall behind her.

"Family members intervened until police arrived."

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The court heard the defendant had made admissions to the smashed bottle, but said she didn't throw the bottle at her, and didn't intend on hitting her with the phone.

Police had attempted to reason with the defendant as they didn't want to take her into custody because she was heavily pregnant, the court heard.

She however continued to not comply with police instructions, and kept verbally attacking the aggrieved in their presence according to Ms McConnell.

"They had no choice but to arrest her," she said.

Defence lawyer Alan Korobacz told the court the defendant was a young mother at only 25 years of age.

He attributed the argument to the precarious situation of the defendant's child in her sister's care, and complications during her pregnancy.

He told the court that she was on Endone at the time, and her state of mind was "not good" because of this.

Magistrate Terry Duroux queried and asked how the relationship between the two sisters was now.

The defendant said she hadn't spoken to her son since the incident, as both sisters wanted to avoid trouble.

She went onto tell the court that if she fights with her sister when she's pregnant, she knows it's a girl.

Mr Duroux took into account the two previous domestic violence breaches in 2016 and 2018, but accepted there was "a bit going on" between her and her sister.

He acknowledged she was medicated while she was 27 weeks pregnant, and how she didn't physically assault the aggrieved.

The 25-year-old woman was convicted and fined $450.



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