STATE OF TASMANIA v HOLLIE ELIZABETH KIM 6 JULY 2023
COMMENTS ON PASSING SENTENCE GEASON J
Ms Kim on Saturday 19 March 2022 you were at the George Town Rodeo. The complainant and her partner also attended that event. Both you and the complainant had been drinking alcohol during the day and at one stage there was a verbal exchange between you both in the smokers’ area.
After midnight you left the rodeo in the company of a friend, Ms Stewart, and started to walk in the direction of the George Town Motor Inn where your friend was staying. The complainant and another person were walking in the same direction.
You turned and asked the complainant why she was following you and then you shouted at her to fuck off and you pushed her. The complainant pushed you back and you then punched the complainant hard to the face causing both of you to fall to the ground.
Whilst on the ground you punched her a further three times to the face, neck and upper body.
Your friend, Ms Stewart, grabbed hold of you and dragged you off the complainant.
The complainant suffered no loss of consciousness but suffered ongoing headaches and a CT scan revealed a nasal bone fracture which was treated conservatively. There is no evidence of further treatment being required.
You made full and frank admissions to police and acknowledged that you had done the wrong thing. You expressed remorse indicating that you were significantly intoxicated at the time.
You are now 26 years old, and you have three children. You live with them and their father, in George Town in secure and stable accommodation.
You have no history for offending in any way, and I accept that this behaviour, was out of character and fuelled by alcohol.
There may have been some animosity between you and the complainant but I do not regard that as relevant beyond explaining how it is she is known to you.
The tension that does exist appears to be explained by your belief the complainant had been making repeated offensive comments both directly and indirectly towards you about your family.
Since this incident you have given birth to your third child and your not consuming alcohol
I accept as your counsel says that you are a “mature woman with no criminal history whatsoever behaving in a manner that is out of character solely due to excessive alcohol consumption”.
I consider that this behaviour though unacceptable does not reflect the person you really are. I consider it an aberration and take the view that I should reflect that in dealing with you today. I am satisfied that your engagement with police, your participation in the court process and the stresses associated with that, will serve to remind you of the need to refrain from excessive alcohol consumption, and otherwise behave as you otherwise always have. In the circumstances, I intend deal with this matter by recording a conviction and discharging you.