CONTENT WARNING: This article discusses domestic violence.
A Queensland woman has successfully had her police case thrown out after she was charged with driving offences while fleeing domestic violence with her dog.
As reported by The Guardian on Thursday, the woman successfully defended the charge in the Gympie magistrates court on the grounds that the situation constituted an “extraordinary emergency”.
The court heard that the woman — referred to as ESC — drove while disqualified after her violent partner made threats to kill her dog. A domestic violence protection order has since been issued against her former partner.
The man’s threat to kill the dog was “a well-recognised act of coercive control”, Magistrate Bevan Hughes found, and the latest incident in “an ongoing pattern of domestic violence”. This included being physically violent, breaking things, locking her out of the house, and damaging her property.
Police prosecuting the case argued ESC’s demeanour was “not consistent with escaping danger”. They said she could have alerted the intercepting police when she was pulled over, called for help, or driven to the closest police station “or a nearby fertiliser factory”, The Guardian reported.
The magistrate stated, in line with holistic principles for assessing domestic violence, he didn’t consider her emotional state as the determining factor in evaluating her situation.
“[ESC] is not expected to be wiser or better than an ordinary person in the same circumstances… A person is not to be condemned simply on the basis that in the agony of the moment and without the opportunity to weigh up and deliberate upon what action to take, she made a wrong choice,” Hughes said.
He said it was unreasonable to suggest she seek out help at the fertiliser factory, where she didn’t know anyone.
“The defendant was an isolated and vulnerable woman seeking refuge from an imminent threat of domestic violence,” he said.
“She removed herself from that extraordinary emergency by removing herself and her valued companion from the source of that threat by driving to the nearest place of refuge. It is reasonable to expect an ordinary person in that situation to have acted in that way.”
The court also heard ESC had previously attempted to report domestic violence to police, but felt she was not taken seriously.
Given her unchallenged evidence that police took over six hours to attend after she made a complaint about her former partner in a prior instance, Hughes said ESC’s belief was “reasonable” and “honest”.
“Like many institutions who serve the public, the quality of the police response will often depend on the skill, training and insight of the investigating officer,” Hughes found.
“Police resources are limited and delay in response time can have many reasons. But that does not detract from the reasonableness of the defendant’s belief because the consequence for her is the same – her concern not being readily addressed by police,” he said, per The Guardian.
“It is well recognised – albeit belatedly – that victims may not immediately report domestic violence, whether it be due to concerns about retribution from the perpetrator or concerns about obtuse responses from authorities.
“This then makes it reasonable for her to consider other options to remove herself from imminent danger to a place of safety.”
Help is available.
If you require immediate assistance, please call 000.
If you’re in distress, please call Lifeline on 13 11 14 or chat online.
Under 25? You can reach the Kids Helpline at 1800 55 1800 or chat online.
To speak to someone about domestic violence, including for help in leaving a violent relationship, please call 1800 RESPECT on 1800 737 732 or chat online.
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