A WOMAN who hit her husband in the head with a hammer while he was in bed and "poked" him with a knife after she discovered he had spent their retirement fund has avoided being taken back behind bars.
Linda Jane Bagnall, now 67, had pleaded not guilty to attempted murder over the domestic violence-related attack at Wyee in May 2024 and was expected to face a trial in Newcastle District Court in November.
But last week Bagnall pleaded guilty to the lesser charge of wounding with intent to cause grievous bodily harm after prosecutors ordered there be no further proceedings on the attempted murder charge.
Bagnall had spent about 500 days behind bars between her arrest and October last year, when she was granted bail to live with her daughter in Alice Springs.
Police were called to the couple's property on Wyee Road late on the night of May 26 and found Bagnall's husband with head injuries and a stab wound to his torso.
Judge Roy Ellis said the pair had been married for 44 years but their relationship had "suffered an irreconcilable breakdown".
"It is fair to say [Bagnall] felt some righteous indignation at what she discovered had been the victim's use of their joint retirement funds," Judge Ellis said.
Bagnall's husband was in bed when she approached, armed with a hammer, and struck him in the head about 11.20pm.
At some point she grabbed a knife and "poked him a few times", causing superficial injuries, Judge Ellis said.
Two psychologists assessed Bagnall and opined she was suffering from a major depressive disorder at the time of the attack.
"In the view of one psychologist, Bagnall was likely depressed prior to the discovery of the expenditure of the funds but that would have aggravated the depression," Judge Ellis said.
Judge Ellis said Bagnall had never really shown any remorse for attacking her husband.
"She may regret her conduct but it is a bit more difficult to be satisfied that she is remorseful for what she did," he said.
The pair have since divorced and the Wyee property was sold, prompting both to move in with their children.
Bagnall spent a difficult 500 days behind bars, her first time in custody and in her mid-60s, and prosecutors agreed as part of her guilty plea that she would not have to return to jail.
Judge Ellis sentenced her to a maximum of two years and six months, with a non-parole period of one year and five months, the equivalent of time served.
