Chantelle Louise Spencer, 38, was sentenced in the Koori Court of the County Court after pleading guilty to false imprisonment, assault, recklessly causing injury, possessing drugs and handling stolen goods, in an incident on July 16 and 17, 2019.
The prosecution told the court the victim was laying on a bed in Spencer's Shepparton house when Spencer approached and ripped all her clothes off before assaulting her.
Spencer then tied the woman’s hands together using a T-shirt and her legs together using rope.
She also tied a piece of cloth around the woman’s mouth so she could not call for help, before putting cushions over her face to restrict her ability to breathe, the prosecutor said.
Spencer then punched the woman in the head and face multiple times and every time she tried to get up, Spencer punched her back down again.
As she was touching the victim’s lower stomach region she said she was searching for drugs.
Spencer found the drugs nearby before assaulting the woman again.
The victim was tied up for several hours before escaping when Spencer fell asleep.
The court also heard about a text message Spencer sent to another person saying she had someone tied up because she believed that person had stolen drugs from her.
The court also heard a passport that had been stolen was found at Spencer’s house and when she was arrested, police found a bag of methamphetamines in her mouth.
In sentencing Spencer to 280 days' prison and an 18-month community corrections order, Judge Scott Johns said she had behaved in an “aggressive and violent way” towards the woman who was her friend and relative.
“It was a terrifying and humiliating ordeal,” Judge Johns said.
“It’s a serious set of offending. It had a significant impact on the victim.”
Judge Johns said Spencer was “under the influence of methamphetamines” at the time of the attack and the motivation for it was the victim “hiding something related to illicit substances”.
In sentencing, Judge Johns had regard to Spencer’s childhood which he said was one of trauma, exposure to alcohol and drug abuse and unstable housing from a young age.
He noted she started using heroin as a child when she was homeless in Melbourne, and had a “long-standing” drug addiction.
He also noted reports that said Spencer had reduced her drug use by half.
Judge Johns said Spencer’s six children were a central aspect of her motivation to rid herself of illicit substance abuse and offending that had gone “hand-in-hand”.
A community corrections report also noted that Spencer had an acquired brain injury from a car accident 15 years ago.
The judge said Spencer’s Aboriginality was also a factor that had to be taken into account in sentencing.
Judge Johns said he was satisfied that the “best way forward” for Spencer was if she remained in the community but received access to drug treatment.
The 280 days' prison Spencer was sentenced to was taken as time already served in pre-sentence detention.
The 18-month community corrections order includes conditions of alcohol, drug and mental health treatment and rehabilitation and programs to reduce her chance of re-offending.
It also includes 75 hours' community work – with up to 50 hours of treatment able to be credited towards that time.
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