A waitress and aspiring personal trainer lashed out at her boyfriend’s mum after a ‘long sh-tty day at work’, claiming she had stolen food, tampons and her ‘weed’.
The incident occurred on April 21, 2023 at the victim’s Walkerston home where Olivia Paige Muscat lived with her boyfriend, Mackay Magistrates Court heard.
Sergeant Linden Pollard said Jacki Barker had called police about 4.58pm after locking herself in her bedroom claiming Muscat was “behaving in an aggressive manner”.
The court heard Ms Barker called about 20 minutes later saying Muscat had “punched her in the head”.
“The victims stated (Muscat) has accused her of stealing weed and food from (her) bedroom,” Sergeant Pollard said.
Ms Barker gave police an audio recording of Muscat’s abuse where she said “I’ll f–king punch her in the head when walks out of that door c–t”.
She told police Muscat grabbed her hair, so she did the same.
“(Muscat) started to try and punch the victim and elbowed her in the jaw,” Sergeant Pollard said.
Muscat, who has no criminal history, pleaded guilty to common assault as a domestic violence offence against Ms Barker.
‘THIS IS A COURT, SHOW SOME RESPECT’
Before her matter began Mr Dwyer chastised 20-year-old Muscat on her chosen outfit, which included short, frayed denim shorts and an oversized grey jumper.
“This is a court and you show respect for it, otherwise you can go and get some watch-house gear on,” Mr Dwyer said.
“You’re not at Woolworths, you’re not up the street, you’re not in a nightclub and the court deserves more respect than you’ve shown it here today.
Legal Aid Queensland defence solicitor Geoff Govey said his client worked as a waitress and was currently completing her Certificate 3 in personal training.
Olivia Paige Muscat pleaded guilty to common assault against her boyfriend’s mum Jacki Barker.
The court heard Muscat had since moved out of Ms Barker’s home.
“She denied elbowing the (victim) in the jaw,” Mr Govey said, adding his client said that her partner had wrapped his arms around her to stop her hitting his mother.
“It’s an early plea.”
Mr Dwyer asked what steps Muscat was taking to address her marijuana intake and anger issues.
“It’s just a long sh*tty day,” Muscat said.
“But that’s not going to be the last long sh*tty day you have,” Mr Dwyer said.
“I know but then she stole my tampons,” Muscat said.
Mr Dwyer then explained it was about Muscat getting herself under control in the future, but she spoke up saying she had been at work since 6am and had just wanted to relax when she got home.
When she kept interrupting, Mr Dwyer told her to “be quiet” and said, “I’m just trying to save you from going to prison.”
Muscat was fined $500, ordered to pay Ms Barker $300 compensation and a conviction was not recorded.