Fiona Taylor, 47, of Numurkah pleaded guilty in the Shepparton Magistrates’ Court to assault and being drunk in a public place.
Prosecutor Sergeant Jo Allen told the court the incident at the service station shop, involved a death, but Taylor was not being charged in connection with the death.
Sgt Allen said Taylor had been at the service station on August 8, 2021, at about 1.15am, with her daughter and another person.
Taylor had seen a man in the store, former Strathmerton Postmaster John Burke, and had accused him of following her young daughter around the store.
Taylor had made accusations against Mr Burke which another person had heard and as a result threw a bottle at Mr Burke, striking him and causing him to stumble.
A man had assaulted Mr Burke and after he fell heavily onto the tiled floor, was taken by ambulance to hospital.
Mr Burke, 73, died on October 28, 2021.
A man has been charged with manslaughter.
Taylor’s solicitor, Megan McKenna, told the court her client’s pre-sentence experience in jail had been a sobering and eye-opening experience for her.
She had acknowledged issues with alcohol and had since reduced her weekly consumption.
At the time of the offence she was substance affected.
Ms McKenna said Taylor regretted that her son had been a witness to some of the events. She had been a victim of domestic violence.
Taylor had engaged with support services since the incident.
Magistrate Alexandra Burt sentenced Taylor to a nine-month community corrections order.
Conditions of the order include that she receive treatment and rehabilitation for drug and alcohol abuse and dependency and take part in programs to reduce her risk of re-offending.
Ms Burt did not record a conviction, saying that this was because of Taylor’s “good history before this”.
She also said she would not formally declare the 72 days in jail Taylor had already served in pre-sentence detention, but did take it into account when deciding on her sentence.
In sentencing Taylor, Ms Burt said she was sentencing her “in terms of your role of threatening” Mr Burke.
“You didn’t put your hands on him, but he was obviously in fear because he moved away”.
Ms Burt said Taylor’s behaviour was “particularly concerning because of what happened” to Mr Burke, however she noted that she did not play a part in the actual assault he later died from.
18°C