Elder abuse offender granted permanent name suppression
MELBOURNE: The scourge of our generation is upon us as evidence as graphic as the Holocaust starts to emerge.
A woman who neglected an elderly relative so severely she was found fused to a couch by emergency services has been granted permanent name suppression.
The decision, made by Justice Grant Powell and recently released to the Herald, found the woman was at risk of endangering her own safety.
Her long-standing mental health issues had played a “significant role” in the offending.
She also suffered post traumatic stress disorder as a result of anxiety over court proceedings that ended in a sentence of six months’ community detention.
Justice Powell said he was satisfied publication of her name would led to a “significant deterioration” in her mental health and likely loss of employment.
“Despite a supportive employer and the obvious benefits to her from working regularly it is apparent [the offender] considers she would have to resign if name suppression was not granted, so as not to bring her employer into disrepute.”
In late 2017, the offender had been trying to look after her elderly aunt who suffered from acute dementia, incontinence, and immobility.
The offender was responsible for all aspects of her elderly relative’s care, including preparing meals, housekeeping, transport and using the bathroom.
One November morning, her aunt was unresponsive on the couch and the offender called an ambulance.
Paramedics soon arrived to discover a horrific scene.
When they pulled back a blanket they discovered the 89-year-old appeared to be fused to the couch at her left thigh, hip and lower back.
She was also covered in urine, faeces and pus, which had formed an adhesive gluing her to the sofa.
Ambulance staff could not separate her from the couch without causing further pain and injury.
They were forced to cut the couch away before taking her to Middlemore Hospital, court papers read, leaving parts of the material bound to her body.
Medical staff discovered she was in a life-threatening condition.
However, the woman made a full physical recovery and was placed in a rest home.
During the offender’s sentencing, defence lawyer Philip Hamlin said that his client’s good character and guilty plea should be taken into account.
“She has never been in trouble before,” Hamlin said.
The offending had occurred because she had been overwhelmed by mental health issues and she was “ashamed” at falling short of the standard of care her aunt should have received.
When the elderly woman became immobile she should have been moved to a rest home, or received in-house care, but that did not happen, Hamlin said.
“There was no malice or intention to cause any harm to her aunt. In fact the relationship was always a positive one.”
During restorative justice the offender had shown great accountability to her family.
The family recognised the pair shared a special understanding of each other, he said, and the risk of reoffending was negligible.
Justice Powell called it a “complicated and tragic case” before handing down the sentence of to six months’ community detention with a curfew between 8pm and 7am.
That was to be followed by a year of supervision.
The elderly woman had been in the primary care of her niece’s mother, who suddenly died, before the niece assumed that role.
Having previously helped out, the niece immediately took over her primary care despite having only recently recovered from cancer herself.
“There does not appear to be any dispute that you provided the best care to [the elderly woman] that you could in a loving environment.”
Justice Powell said she had shown courage in the manner in which she undertook restorative justice, apologising to the elderly woman’s son face-to-face.
He said an almost “perfect storm of circumstances” had made it hard for the offender to get help.
“It is not clear to me you were aware of the options of help that you had,” he said.
“You are your own harshest critic over what happened.
“That offending has weighed very heavily upon you.”
The offender’s husband was sentenced to home detention after pleading guilty to a charge of failing to protect a vulnerable adult.
