It was an unhappy ending for an established two-year employee of Healthy Care Massage Casuarina Square, after the new interstate boss transferring-in was slapped in the face, during a workplace incident.
The former worker appeared in Darwin local court today with the support of her partner, pleading guilty to 'Assault A Worker - Victim Suffers Harm'.
Defence lawyer Mr Hong said the defendant was still unemployed since the incident on May 3rd, and was suffering from "anxiety and insomnia", requiring treatment and medication from a GP.
He said: "I have some character references in relation to [the defendant's] character.
"One of them comes from a fellow employee who continues to be an employee at the Healthy Care Massage.
"The defendant has shown me some group conversation from the Healthy Care Massage work group.
"Before she exited from the group, there is correspondence where she's asked by the care manager whether she's ok to come in days afterwards.
"Now the problem your honour is that it's in Chinese, the messages. So I'm not sure...
Judge: "You can try and give evidence to the bar table. It's up to the prosecution if they object.
"If they object it might be that you'll have to present into evidence. In which case the matter will have to be adjourned-off, because the only evidence that will be most relevant will be from the people who were not vested in the issues involved."
The defence lawyer said his client had been working at Healthy Care Massage for two years, and that the victim had transferred over.
"On her second day of working with [the victim] [the defendant] said she felt spoken to in such a way that she believed that she was being belittled and that she was being spoken down to.
"The effect of it she says, was that she was being bullied."
The defence lawyer went on to say her "record systems and the like were being questioned", and "wouldn't accept the answers she was given".
"It's in that context that [the defendant] has acted the way she has. She regrets that, and she been forthcoming with the police investigation.
"The proper thing to have done is, she should have just not gone back to work after the first day. She continued to do so.
"In context, it was her ordinary place of employment for two years. It was an improper decision in the context of her getting further aggravated, and losing her temper in the way that she did.
"But. It wasn't calculated. It wasn't maintained. It wasn't a continuous assault. It was something that's occurred as a one-off strike.
"An open-hand strike. A slap. In the heat of the moment.
"Your honour, the submission being made over character references is that [the defendant] is otherwise of good character.
"She is hardworking and gentle in nature, and that is presented to those who have worked with her in her current capacity. It's presented in those that she has worked with previously in other capacities.
"It's presented in her work in the community, and that it's very unlike her.
"She's previously held continuous employment since 2018 when she gained her permanent residency in Australia.
"A record of conviction would affect her future job searching prospects where she has priors.
In the prosecution's submission it was said: "Your honour, the prosecution accepts that [the defendant] comes before the court as a person with [inaudible] character, with no history and that's relevant for your honour to consider with sentencing.
"However, this is a fairly serious incident occurring in the workplace out of the blue with no physical provocation, in any sense, by the complainant in this matter.
"There is footage available.
"We acknowledge that the five character references agree that [the defendant] has spoken about the assault with a number of people, and all those set out that it's uncharacteristic conduct, and that's accepted by the prosecution.
"Having said that, clearly from the victim impact statement it's had a physical impact, mental and emotional impact on the victim, and that needs to be taken into consideration by your honour.
"In terms for whether a conviction is appropriate in this circumstance, there's no evidence before your honour to substantiate what they've said that it would make it more difficult to obtain further employment.
"Given the seriousness of the incident the prosecution submits that a conviction is appropriate.
"In relation to the Bakewell medicals, I ask your honour to place very little weight on those. There's some mention of anxiety and insomnia, [inaudible] bullying.
The prosecution also pushed for the judge to consider a community corrections order.
During his sentencing remarks, the judge said: "I do pause to note that insult, bullying and those sorts of things do not give rise to any legal justification, authorisation or excuse in relation to assault.
"It's not been suggested she was threatened in any criminal way, by the supervisor.
"It was a verbal exchange. I do accept that she was offended by certain things at the time. That might be some explanation, but it's not an excuse.
"Be that as it may, she has no priors. I do consider that up until the 3rd May she certainly was a person of positive good character. the extensive references provided support that conclusion.
"I note that the assaulting behaviour was at the lower end of the scale. The facts do not say that the offender did not punch the victim. She did strike the victim.
"The photos do not reveal any bruising or inflammation or the like. Though I'm also inclined to conclude that some mild [inaudble] physical consequences in addition to pain were in no doubt suffered."
The judge referenced other cases in his decision on not convicting.
"A conviction can have adverse consequences to a person who is seeking employment.
"Darwin is a small place."
A community corrections order of six months was given, and a victim's levy was imposed.
We are The Mango Inquirer.
