A BUS DRIVER has fronted court for "slapping" a teenager on the upper back as they walked past her because she had asked them to move from the backseat for misbehaving.
Shirley Sheehan was charged with common assault after the incident was reported to a teacher and a parent, and police reviewed CCTV footage.
"There's an element of provocation involved," defence solicitor Richard O'Halloran told Tamworth Local Court in sentencing.
He said the 63-year-old had reflected on her actions, and had no criminal history.
"She's honest, hardworking, very compassionate," Mr O'Halloran told the court.
He said the bus driver had the full support of her employer but had been moved to a different route so she wouldn't have to interact with the victim, who was a student at a local school.
Magistrate Julie Soars handed Sheehan a 12-month good behaviour order and did not record a conviction.
"Dealing with young people in a difficult situation would try anyone's patience, I would have thought," Ms Soars told Sheehan.
But that didn't entitle anyone to engage in criminal conduct, she said.
"Non-conviction is pretty much a one-off," she warned.
She said there was no reason Sheehan, who appeared in court flanked by a support person, should have to front court again.
The court heard the assault took place on a May afternoon after Sheehan asked a teenager to move from the back seat of the bus to the front because they were throwing rubbish and distracting others.
When they stood to walk to the front, she "slapped" the teenager with an "open hand" to the top of their back area.
