A WOMAN who glassed another woman in the face at Grafton Racecourse on Maclean Cup day was convicted of assault occasioning actual bodily harm in Grafton Local Court yesterday.
Magistrate David Heilpern gave Courtney Carpenter, 20, of Grafton a three-year good behaviour bond for the offence in which Monique Foulds suffered several cuts to her face and one to her ear.
Carpenter had pleaded not guilty to the offence and her solicitor Neil Johnson argued she acted in self-defence after feeling threatened by Ms Foulds and that she had not intended to hit her with the glass.
The court heard Ms Foulds had been verbally abusing Carpenter immediately before the incident, which occurred about 5pm on July 17 on the lower levels of the Members Grandstand, using the words "slut and bitch" and similar.
Carpenter then threw the contents of a glass of wine at Ms Foulds and a scuffle ensued.
In handing down his judgment, Mr Heilpern said Ms Foulds had conceded that it was possible she grabbed Carpenter's hair or pushed her during the incident but noted that this was not the same as an admission.
He said evidence from Ellie Granger and Phillip Deane showed that Carpenter then lunged at Ms Foulds with the glass and struck her in the face.
He dismissed Carpenter's claims that she did not realise she had a glass in her hand when she struck Ms Foulds because only moments before she had emptied its contents onto her.
He said the evidence of Carpenter lunging meant she had no right to the claim of self-defence.
Mr Heilpern said Carpenter's actions of throwing wine on Ms Foulds significantly escalated the incident, which till that point had been an exchange of words.
Mr Johnson, who sought a Section 10 order (conviction not recorded), said his client had no prior convictions and that the victim in this case fortunately had no significant scarring.
He said Carpenter had endured a fair degree of provocation on the day and on Facebook in the lead-up to the incident but recognised the seriousness of her offence.
Ms Foulds was granted a 12-month apprehended violence order against Carpenter.