Fine for striking ex with branch
"HE THOUGHT she would honestly kill him from the rage in her eyes," police prosecutor Senior Sergeant Sabine Scott told Proserpine Magistrates Court when reading out the case against a Hydeaway Bay woman on Monday.
Tatiana Samuel pleaded guilty to wilful damage and common assault after she attacked her ex-partner with a tree branch and damaged his car on April 15.
The 48-year-old found her former partner taking photos of her Hydeaway Bay property from all angles for an unrelated court matter around midday when, according to Samuel's lawyer Bradley Bernard, she had a "brain snap".
Dashcam footage captured the council staffer walking down the road with a branch and repeatedly hitting the victim's bonnet while he and his new partner were inside, causing more than $1300 worth of damage.
"She struck the victim through the open window on the right arm as he held it in a defensive manner," Snr Sgt Scott said.
The victim attended hospital for his arm injury and when police questioned Samuel she said " she would have killed him if she could because she was so sick of him."
Mr Bernard said his Romanian-born client had a "stunning work history" and had no criminal record.
"This is ridiculously out of character for her," Mr Bernard said as he tendered six character references on his client's behalf.
"She had no intention of hitting him, she was angry and was hitting the car; you could say it was criminal negligence on her behalf in not foreseeing, as the car was moving past her, she would hit him through the window."
Mr Bernard said Samuel was applying for jobs which required criminal history checks and a conviction would affect her future employment prospects.
"She is willing to pay restitution," Mr Bernard said.
"She is undertaking counselling sessions as on May 20 she made an attempt on her life and was hospitalised."
Presiding magistrate James Morton said, although he understood court disputes were taxing, there was no excuse for this behaviour.
"I don't know why you weren't charged with assault occasioning bodily harm whilst armed," Mr Morton said.
"People speak highly of you, everyone says you are a good person but nobody was there on the day and saw you do this.
"Your references talk about you being Romanian, you could have been born in Zimbabwe, I do not give a damn.
"This is not how we roll in Australia, you cannot walk up to someone and start hitting them with an implement.
"You are not a child, you cannot say you did not know this was an offence.
"If you see (the victim) in the street, run as fast as your legs can carry you in the other direction."
Samuel was fined $800 for both charges, ordered to pay restitution $1337.61.
No convictions were recorded.