An intellectually disabled woman who allegedly broke a fence paling over her former NDIS worker's head should have the chance to tell her side of the story, her lawyer has argued in the Bendigo Magistrates' Court.
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The 32-year-old accused appeared before Magistrate Ross Maxted last month charged with unlawful assault.
The Bendigo resident, who is under the care of the public guardian, receives disability support payments and round-the-clock care, the court heard.
Police had not interviewed her at the time of the incident last year due to her "violent behaviour and disability".
According to the prosecution, on October 19 last year, with the alleged victim and another NDIS worker present at the front of her property, the accused went into her back yard and got a fence paling, which she used to hit her former support worker.
It is alleged she struck the victim on the arm then followed her down the street and hit her in the back and on the arm again.
It was then alleged that while the victim was distracted with a phone call and had turned away, the accused hit her on the back of the head, breaking the timber paling.
Police had attended the scene, taken photos and recorded a statement but did not interview the accused, because of her violent behaviour and intellectual disability, according to the prosecution.
"Due to her violent behaviour she was not in a fit state to be interviewed," the police prosecutor said.
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Magistrate Maxted said the accused seemed to appreciate the significance of the charge against her, given she had attended court.
He considered her former NDIS worker who was allegedly attacked could not be seen as innocent, given she must have known the occupational health and safety risks of the role.
The accused's prior criminal history was limited to making inappropriate phone calls to police for help on two occasions and the magistrate believed there would be no community benefit in punishing her, he said.
He gave a sentencing indication that he would find the unlawful assault charge proven then dismiss it.
However, Anna Swindle, from Rolfe Criminal Law, sought an adjournment of the matter while she sought clarification from the Office of the Public Advocate on her client's rights.
By the police's own facts, the accused's "opportunity to provide her version of events was not made available to her," Ms Swindle said.
The case will return to the Magistrates' Court in July.
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