A judge has questioned how a “clearly psychotic” woman who ordered her dog to attack a police officer in Dandenong North was remanded in custody for nine months.
Victorian County Court judge Duncan Allen noted the now-33-year-old woman “did not know what you were doing” during the “most unfortunate” incident in which the dog mauled the officer and was shot dead.
“On that day you were clearly in a psychotic state and suffering severe mental illness, delusions and paranoia.”
Upon arrest, the accused was remanded mainly in a jail’s psychiatric unit while treated for psychosis and schizophrenic symptoms.
A psychiatrist later reported to the court the woman had acted out of using ice and not taking her medication – rather than any underlying “criminogenic belief system”.
“One wonders what our criminal justice system is doing when people like you who are clearly psychotic when offending are remanded in jail,” Allen said in sentencing on 22 March.
The woman pleaded guilty to recklessly causing injury to an emergency officer as well as assault charges, contravening an intervention order, resisting arrest and theft of police OC spray.
Police were called to a home in late 2021 after the accused had allegedly throttled, slapped her mother in the face and slammed her head into the ground.
A pair of police officers arrived and told the woman she was under arrest and prepared to handcuff her.
The woman allegedly thrashed her arms and legs and yelled: “Hunter! Hunter! Get him, get him!”
Hunter – a mixed American Staffordshire Terrier – clenched its jaw just above an officer’s ankle and the officer fell to ground, an agreed prosecution summary stated.
Hunter didn’t let go as the officer tried to punch the dog and his colleague deployed OC spray in vain.
In agony, the mauled officer begged for help, and his partner shot the dog.
The accused, who grabbed and brandished an officer’s OC cannister, escaped over a neighbouring fence. She was arrested and deemed unfit for police interview at the time.
The police officer required surgery for his seriously injured ankle.
Allen praised the woman’s subsequent “exemplary” performance while under intensive support, counselling and treatment under CISP bail.
During that time, she “hardly put a foot wrong” as she tackled her long-term mental illness, substance abuse and PTSD, the judge said.
“You’ve done everything that could be done to show your commitment to your ongoing rehabilitation. You’ve come a long way.”
Her compulsory treatment order was downgraded to voluntary status. She’d also successfully applied for NDIS support.
The woman thanked Allen – who had released her on CISP – for being the “first one” to give her hope.
Judge Allen noted she pleaded guilty despite having a “strong” possible defence to the charges. Instead she chose to take responsibility.
He jailed her for 277 days – the time already served in remand – and placed her on a two-year good behaviour bond with judicial monitoring.
Given the “extenuating” and “exceptional” circumstances, the court was justified to show mercy, Allan said.
