Nulsen woman jailed for breaching order

A Nulsen woman was sentenced to seven months in prison after being convicted of three charges. 

Tylene Jane Dempster, 43, pleaded guilty in Esperance Courthouse on February 5 before Magistrate Brionie Ayling to common assault, possession of meth and breaching a previously imposed conditional suspended imprisonment order.

Police prosecutor Senior Constable Carolyn Petersen said at 10:49am on November 6, 2018 outside Esperance Magistrate’s Court, Dempster spat at a woman’s face.

The victim made a complaint to Esperance Police. Dempster told police, “Some of my mouth spit must have landed on her face while I spoke to someone.”

Snr Constable Petersen said Dempster was stopped while cycling by police on May 31, 2018. 

Police located 0.01 grams of meth in her clothing. 

The common assault and drug possession violated an order imposed last year over an unrelated offence. 

The court heard Dempster had “some compliance” with her order, but had tested positive, missed a number of reporting dates and re-offended. 

Dempster’s lawyer Yovundhi Jayasekera accepted the facts outlined by police and community corrections. 

Ms Jayasekera said her client had been “distracted” by abuse from her partner and other issues with her family, but wanted to take responsibility for her actions.

She claimed the person she spat on was only outside court to provoke Dempster and said the assault was different in nature to her previous conviction.

Magistrate Ayling interjected, stating “don’t push that too far, it’s still violent offending”.

Ms Jayasekera said her client found the meth on the street and had picked it up “to get it off the street in case children picked it up”.

Magistrate Ayling said “there comes a point where enough is enough”.

The magistrate said Dempster had been both a victim and perpetrator of violence.

“That cycle of violence needs to stop,” she said. 

For breaching her order, Dempster was ordered to serve her seven-month sentence.

Magistrate Ayling fined her $400 for possessing meth and ordered her to pay $190.85 in analysis fees.

Dempster was sentenced to a two-month concurrent term in jail for the common assault. 

She was made eligible for parole.