‘Send disabled woman to jail’
PROSECUTORS have urged Hobart’s top magistrate to send a traumatised and intellectually disabled woman back to prison for fresh crimes committed in the wake of her mother’s death.
But Chief Magistrate Catherine Geason has adjourned the case to seek more information before handing down her decision.
On Tuesday, 28-year-old Barbara Ann Kelty appeared in the Hobart Magistrates Court via video link from the Mary Hutchinson Women’s Prison after confessing to a range of crimes including lashing out and spitting at police officers.
The new crimes were committed in breach of a Supreme Court suspended sentence, which Kelty may now be forced to serve given she’s committed fresh offences in breach of her conditions.
IN MY SUBMISSION, ACTIVATION OF THIS SUSPENDED SENTENCE WOULD BE UNJUST
LAWYER CAMERON SCOTT
On Tuesday, a prosecutor applied to activate the 15month suspended jail term that Kelty received for threatening a taxi driver with a kitchen knife and stealing $140 from him.
Kelty served three months’ jail over the same episode for stealing and making off without payment, after she stole a $5 pair of scissors from Target and made off without paying the $12.30 taxi fare, threatening to “use the scissors” if she was stopped.
But defence lawyer Cameron Scott said sending Kelty back to jail would be unjust.
“Ms Kelty has very high needs and suffers very personal issues,” he said. “In my submission, activation of this suspended sentence would be unjust.
“It would be far more onerous on her than other inmates … and detrimental to her rehabilitative prospects,” the lawyer said.
He also said that given time already served over the fresh crimes, Kelty only had nine months and four days outstanding.
Chief Magistrate Geason adjourned the case to investigate her National Disability Insurance Scheme status.
Kelty, who has pleaded guilty to three counts of common assault, four counts of assaulting police, two counts of resisting police, threatening police, setting fire to property and breaching bail, was remanded in custody until October 2.
AMBER WILSON