A woman has been sentenced to jail after hitting another woman in the face while she was on the ground having just been assaulted, and then threatening to kill the victim while police were present.
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Marline Kelly, 36, formerly of Sir Neville Howse Place, was on bail when she appeared in court and was taken into custody when the sentence was handed down.
According to police, officers were arresting the man for the initial assault on the victim when they heard Kelly make threats against the victim.
The police warned Kelly after she said "I'm gunna killer her," and "you know she's dead".
However, despite the warning she was heard saying, while the victim was present, "this c***'s getting a body bag by tonight, in the boot of the car".
The threat was captured on the police body-worn camera and she was arrested and charged.
According to the officers who also spoke with the victim, the two women lived at the same unit complex and the victim was assaulted by the man in a common grassed outdoor area on December 5, 2019.
The victim was was still on the ground when Kelly slapped her with an open hand.
However, police said she did not act in company with the man, who was yet to to be sentenced for reckless grievous bodily harm, when Kelly appeared for her sentencing.
Solicitor Gerry Stapleton said Kelly has since moved away from Orange and a prosecutor said she had referred herself to rehabilitation.
"Her explanation for committing the offence on the occasion was that the victim called her abusive names combined with the fact she was using methamphetamine and was affected by alcohol," Mr Stapleton said.
"In terms of provocation she told the Community Corrections officer she wishes she walked away.
"She says the victim was a friend, note the past tense."
However, magistrate David Day said it was self imposed intoxication and not a defence.
"These substances only get into your system if you ingest them," Mr Day said.
During sentencing Mr Day said the common assault was aggravated by the vulnerability of the victim who had already been assaulted and was on the ground.
"It's the intimidation which is the serious matter, those are threats to kill with a degree of detail," Mr Day said.
"This is a particularly viscous assault and most particularly very very serious intimidation.
"Both these matters in my view do cross the custody threshold."
He gave Kelly a three-month jail sentence for assaulting the victim and a seven months' jail with a three-month non-parole period for the intimidation.
Kelly could be eligible for release on November 25.
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