Nicole Anne Foxhumber faced Byron Bay Court on Monday.
Nicole Anne Foxhumber faced Byron Bay Court on Monday. Facebook

'Cultural business' meant 'Queen' couldn't front court

A WOMAN who assaulted police in Byron Bay has been spared a conviction after offering some insight into the incident.

Nicole Anne Foxhumber, 47, came to the attention of police on June 6 when they found her in a white van parked in Apex Park, Byron Bay.

According to court documents, the officers observed the van had "goods scattered around it".

Police approached the vehicle and when they began speaking with Foxhumber she became "agitated" and began "swearing at police", court documents said.

After police tried to reason with her for about five minutes, Foxhumber was "swearing loudly and acting irrational", court document said.

Foxhumber, from the Sydney suburb of Kingswood, was previously convicted of assaulting police when she failed to front court on June 2.

The court heard a Legal Aid solicitor had spoken with Foxhumber, but the defendant had insisted on representing herself.

Facing Byron Bay Local Court via video link from Byron Bay Police Station on Monday, Foxhumber said she was the carer for an Aboriginal elder and had travelled to Townsville then Alice Springs, on cultural business.

"The cultural business we were attending took longer than we realised," she said.

"As soon as we could leave the conference we then travelled back as soon as possible and we only arrived back yesterday."

Of the incident in which she punched a senior constable in the shoulder, Foxhumber cited "Sovereignty lore" and told the court police had been unfair to her.

"I was just minding my own business," she said.

"I was just having a meal.

"The police came along and took the keys from me and said 'leave this area'.

"I then told them that I have the right to stay here. My mother birthed me on this land."

When asked by Magistrate Karen Stafford about the act of striking the officer with her right fist, she said: "I don't have anything to say about that".

Ms Stafford found Foxhumber's actions were in the "low to mid-range" of objective seriousness.

"I take into account your expression that you felt you were being unjustly treated by the police," she said.

"But of course in the other hand, there is a reason why when police are doing their job they should be able to do that without being physically assaulted."

She recorded no conviction for the offence and placed Foxhumber on a nine month conditional release order.

Foxhumber was also previously convicted of a fraud offence after she stole $92 worth of petrol from the Caltex service station on Woodlark St, Lismore after which police claimed she referred to herself as the "Queen of Australia".

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