A Tasmanian mother who pushed her 14-year-old daughter against a window by the throat has avoided jail.
Mellita Zoe Humphrey, 39, was sentenced to 14 months behind bars, fully suspended, after pleading guilty to two counts of criminal code assault and two counts of common assault.
The Supreme Court heard Humphrey attacked her daughter, referred to as “A”, while intoxicated at her home in February 2023.
She grabbed the girl by the neck and shoved her against a window, leaving her struggling to breathe.
She later slapped her hard enough to knock her head into a door frame.
Justice Tamara Jago said the conduct was serious and amounted to a “terrible breach of trust”.
“A was a child. She was vulnerable. She was entitled to your love, care and respect,” she said.
“Instead, you assaulted her in a manner which caused her not only physical pain and harm, but undoubtedly caused her fear, distress and anxiety.”
The court heard Humphrey had a traumatic history, including childhood neglect and violent relationships.
She has been diagnosed with complex PTSD, borderline personality disorder, depression and anxiety.
Justice Jago accepted the mental health conditions made Humphrey particularly vulnerable in a prison environment, but noted her intoxication was the primary issue at the time of the offending.
A home detention assessment found Humphrey unsuitable due to her mental health complexities and ongoing alcohol use.
Justice Jago said a prison term was warranted, but suspended the sentence given Humphrey’s personal circumstances, limited criminal history and efforts toward rehabilitation.
The sentence will be activated if Humphrey commits an offence punishable by imprisonment within the next two years.
She must also complete a 12-month community correction order, with conditions including supervision, alcohol treatment and psychological counselling.
Humphrey is also required to undertake programs addressing addiction, domestic abuse and aggression.
Justice Jago warned that if the suspended sentence is breached, a judge must activate the term unless it would be unjust to do so.
