Shepparton woman spared jail following mental health concerns

Dempsey, who was taken into custody on January 24, appeared agitated in court, shouting at custody officers and police as she sat handcuffed in the dock.

Dempsey's lawyer Daniel Posner told Magistrate Barry Schultz his client was usually on a heavy dose of anti-psychotic medication, saying her agitated state may be because she was due for another injection.

Mr Schultz acknowledged Dempsey appeared a "bit distressed", occasionally shouting at people inside the courtroom as she sat on the edge of her seat.

Mr Schultz addressed the accused's list of prior convictions, saying he understood she does and will continue to pose an "ongoing concern to the community".

“But it appears to me those (prior) sentences have been ineffective,” he said.

Mr Schultz appeared concerned about the accused's mental state, recognising she was non-compliant with taking medication and that sending her to prison was "not the answer".

Dempsey was convicted and sentenced to five days in prison; however, she was released yesterday having already served that time in custody.

“More than likely (you are) going to be back but I hope that’s not the case,” Mr Schultz said.

“I hope you engage with mental health workers — being locked up is not the answer to this problem, the problem is going to be ongoing.”