A woman in Queensland who was charged with driving while disqualified has been acquitted after a magistrate recognised she was fleeing domestic violence.
The decision was delivered on Friday in Gympie Magistrate Court following the February incident, where the banned driver—referred to as “ESC”— admitted she chose to drive with her dog because her partner at the time had threatened to kill the animal.
ESC successfully defended her charge on the grounds that the situation constituted an “extraordinary emergency”.
The court heard that she had since had a domestic violence protection order taken out against her former partner.
As reported by QLS Proctor, Magistrate Bevan Hughes said a threat to kill an aggrieved person’s animal is a well-recognised act of coercive control. Magistrate Hughes also said ESC’s evidence showed the threat was the latest in an ongoing pattern of domestic abuse, including verbal and physical violence.
“I am satisfied the defendant’s decision to drive was a reaction to imminent danger from her then-partner- namely the threat to kill her dog,” said Magistrate Hughes, according to QLS Proctor.
Police had argued that ESC’s demeanour when intercepted by police wasn’t consistent with escaping danger. They argued that she could have used her phone to call for help, driven to the closest police station or a nearby factory, or alerted police when they pulled her over.
Magistrates Hughes didn’t accept this, saying that ESC’s emotional state isn’t determinative of her situation.
Magistrate Hughes said the woman was in an isolated rural area and added that the threat wasn’t only to the dog but also to ESC’s “own mental and emotional wellbeing”.
Magistrate Hughes said using her phone to call for help wouldn’t have removed her from the situation, and that the closest neighbouring properties were occupied by her then partner’s landlord and his parents, making them unreliable places of refuge for her.
Previously, ESC had experienced a six-hour wait for police to attend to a complaint she’d made against her partner, and Magistrate Hughes said he was satisfied that her response was honest and reasonable given the quality of police responses to domestic violence she’d seen.
If you or someone you know is experiencing, or at risk of experiencing, domestic, family or sexual violence, call 1800RESPECT on 1800 737 732, text 0458 737 732 or visit 1800RESPECT.org.au for online chat and video call services.
If you are concerned about your behaviour or use of violence, you can contact the Men’s Referral Service on 1300 766 491 or visit http://www.ntv.org.au.
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