A sobbing woman has told a Sydney judge of her devastation about killing her abusive husband which led to their daughter wanting no contact with her.
The 36-year-old will be shunned by society when she is deported back to her Asian birthplace after her jail term, while her child will remain in care in Australia.
“I am already broke, I don’t need this life,” she said through tears as she gave evidence in the NSW District Court on Thursday.
“I love my daughter and my husband. I lost everything in my life. I loved them the most.”
Judge Leonie Flannery jailed her for three years with a non-parole period of two years, finding she was remorseful.
She had pleaded guilty to manslaughter, on the basis of an unlawful and dangerous act, at their Sydney home in November 2019.
During an argument when he attacked her and cut her with a pair of scissors, she managed to grab them and stabbed him once in the arm pit.
The previous night he went out drinking and did not return home, went to work the next day where he fell asleep and on his return home started drinking again.
She discovered he had spent almost $2000, despite the family’s many bills, according to the agreed facts.
The daughter described her parents arguing outside, when her father pulled her mother’s hair, grabbed a rock before throwing it away and pulled her hair again.
Her mother fell to the ground.
The girl said her father “was a very unsafe guy”.
He used a pair of kitchen scissors to stab his wife in the thigh and medical staff later found a “short, superficial laceration” which was sutured.
The woman swore at him before snatching the scissors and stabbing him in the armpit, not forcefully, causing an injury which would not have been fatal had it missed a blood vessel.
The couple’s history included her having two jobs, his regularly drinking, having affairs, sending money to a girlfriend overseas and sexually abusing his wife.
He demanded unprotected sex which led to her having five terminations as they could not afford another child.
Medical experts said she had internalised her marital problems, feeling she had little choice about leaving him.
She came from a fairly conservative society and had loved her husband and wanted them to bring up their daughter.
She had suffered panic attacks, anxiety and PTSD, which would have increased her perception of feeling under threat by her husband.
She told the court she had always supported her husband and never put herself first, hoping one day he would change and “be a better man”.
She had had no contact with her daughter since last year.
“I don’t know how she is, she lost her dad and lost her mum, and I don’t know how she is,” she said.
“She doesn’t want to talk to me. I am broken, sad.”
She is scared about being deported, as she will be shunned by society which will also impact on her family there.
Judge Flannery accepted she was of previous good character, had excellent prospects of rehabilitation and will continue to suffer extra-curial punishment as a result of the loss of her daughter.
“I am satisfied her mental health contributed to the offending in a material way,” she said.
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