Judge overturns prison sentence for woman who damaged rival's car
A woman jailed for a month after vandalising the car of a woman who'd slashed her face was freed yesterday by a judge.
Tanya Darrell, 36, admitted in Magistrates' Court on December 19 that she damaged Wendy Ingemann's vehicle at the Robin Hood pub on May 9 2008. Ingemann had left her scarred for life after "glassing" her in a nightclub three months prior.
The pair had been involved in a bitter dispute over a man, which escalated over a period of many months. Ingemann, 37, was jailed for three years last month after being convicted by a jury of the nightclub attack.
The damage Darrell caused to Ingemann's car totalled $4,883.76 and included the word 'whore' being scratched into the bonnet, and the mirrors, wipers, bumpers and headlights being attacked.
Crown counsel Auralee Cassidy never asked Senior Magistrate Archibald Warner to jail the defendant, who has no previous convictions and was not said to be a danger to society.
Instead, she suggested a non-custodial sentence of up to two years encompassing anger management counselling.
However, Mr. Warner opted to mete out the 30-day sentence, telling Darrell: "This community cannot allow those involved in long-standing feuds to take the law into their own hands. That behaviour needs to be deterred."
He also ordered her to pay the cost of the damage.
Darrell, of Hamilton Parish, launched an appeal and was released from prison on bail after 17 days behind bars on Monday, pending yesterday's appeal hearing.
During the hearing, her lawyer Michael Smith described the sentence as "more than excessive, it's way excessive".
He asked Puisne Judge Carlisle Greaves to bear in mind Ms Darrell's state of mind at the time of the car attack.
Mr. Smith said when Darrell saw Ingemann's car: "This set up a red flag and caused a human reaction," adding: "There but for the grace of God go all of us. Most of us would feel anger when confronted with a bully.
"I'm not condoning it, but Ms Darrell admitted it in the lower court, she has no previous convictions, apologised to Ms Ingemann in open court and agreed to pay for the damage to the car."
Mr. Smith also told the judge: "During this period of incarceration, I understand that Ms Darrell and Ms Ingemann have made their peace."
He added that his client, a Marine and Ports worker, feared she would be fired if she was sent back to jail. Crown counsel Brett Webber agreed the sentence meted out by Mr. Warner was excessive.
Having listened to the submissions, Mr. Justice Greaves agreed to "vacate" the jail term, describing it as "manifestly excessive and wrong in principle". He upheld the Magistrates' order for Ms Darrell to pay for the damage, with Mr. Smith confirming this had already been done.
The judge suggested Ms Darrell could apply to the Criminal Injuries Compensation Board for a payout in relation to her facial injuries, "so that might mitigate for some of your losses".
