Woman attacked partner because she was tired, stressed
A LISMORE woman has been spared prison time after assaulting her partner who had an AVO against her.
Juanita Buchanan, 32, breached an apprehended violence order when she lashed out at her partner last year.
Her solicitor, Binnie O'Dwyer, told Lismore Local Court her client - who had pleaded guilty to assault occasioning actual bodily harm and contravening an apprehended violence order - had been sleep-deprived and stressed at the time of the incident when she was being sentenced before Lismore Local Court on Monday.
She said violence wasn't ordinarily "a component of their relationship" and that she hadn't meant to attack her victim.
"She hadn't had very much sleep, she woke up very stressed," Ms O'Dwyer said.
"She says, really, that it was an accident, that it was a random thing."
Magistrate David Heilpern said he needed a good reason not to lock Buchanan up.
"To not send the defendant to jail I need to make a finding of exceptional circumstances," Mr Heilpern said.
"Where there's an AVO in place the courts take breaches very seriously.
"They are a court order that you have to not assault this person, and then you go ahead and do so."
Ms O'Dwyer said her client's age and lack of prior record should be considered.
"It's her first ever offence before the court," she said.
Instead of sending her to jail, Mr Heilpern placed Buchanan on a 12 month community corrections order.
But he warned her not to repeat the offence.
"You will go to jail if you breach the AVO again with violence," he said.