- Husband stabbed for demanding sex
- goldcoast.com.au
- 06/10/2007 Make a Comment
- Contributed by: admin ( 59 articles in 2007 )
A WOMAN who stabbed her husband with a kitchen knife after refusing to have sex with him was yesterday allowed to walk free from a Gold Coast court without a conviction after agreeing to conditions in a three-year probation order.
A WOMAN who stabbed her husband with a kitchen knife after refusing to have sex with him was yesterday allowed to walk free from a Gold Coast court without a conviction after agreeing to conditions in a three-year probation order.
June Marion Lopez, 53, of the Gold Coast suburb of Gaven, pleaded guilty to unlawfully causing grievous bodily harm after stabbing her 73-year-old estranged husband, Clement Lopez, with a kitchen knife.
Judge Kerry O'Brien said there were two different accounts of what had happened leading up to the stabbing on January 21, 2005, but he accepted Mrs Lopez's account.
Crown prosecutor Judy Geary said Mrs Lopez told police her estranged husband had come into her room demanding sex on the morning of the offence.
"He had taken off his clothes and laid down on the bed next to her, asking 'are you going to service my libido or make me a coffee?' " said Ms Geary.
After refusing, the court was told Mrs Lopez went to the kitchen to get a knife before stabbing her husband twice in the back and once in the stomach.
Ms Geary said ordinarily Mrs Lopez should go to jail but this case had special circumstances.
Ms Geary said Mrs Lopez had been subjected to years of emotional abuse by her husband and suffered from depression.
She said on this occasion, she had just snapped.
"There is domestic violence in respect of both parties," said Ms Geary.
Defence barrister Sean Cousins said his client and her estranged husband were still living on the same property in different dwellings.
"Mr Lopez is awaiting trial over allegedly assaulting Mrs Lopez," said Mr Cousins.
Judge O'Brien said the offence was clearly out of character, as Mrs Lopez had committed no previous offences.
"The explanation clearly lies in your long-standing illness and in the conduct of your estranged husband on this morning," he said.
"I take into account the history of emotional abuse.
"Anyone who uses a knife against someone should be sent to prison but in this case, the interests of justice don't require it."
Judge O'Brien said the three-year probation term would involve special conditions, including psychological and psychiatric treatment.
"There are significant extenuating circumstances of such a magnitude, no conviction is recorded," he said.
A WOMAN who stabbed her husband with a kitchen knife after refusing to have sex with him was yesterday allowed to walk free from a Gold Coast court without a conviction after agreeing to conditions in a three-year probation order.
June Marion Lopez, 53, of the Gold Coast suburb of Gaven, pleaded guilty to unlawfully causing grievous bodily harm after stabbing her 73-year-old estranged husband, Clement Lopez, with a kitchen knife.
Judge Kerry O'Brien said there were two different accounts of what had happened leading up to the stabbing on January 21, 2005, but he accepted Mrs Lopez's account.
Crown prosecutor Judy Geary said Mrs Lopez told police her estranged husband had come into her room demanding sex on the morning of the offence.
"He had taken off his clothes and laid down on the bed next to her, asking 'are you going to service my libido or make me a coffee?' " said Ms Geary.
After refusing, the court was told Mrs Lopez went to the kitchen to get a knife before stabbing her husband twice in the back and once in the stomach.
Ms Geary said ordinarily Mrs Lopez should go to jail but this case had special circumstances.
Ms Geary said Mrs Lopez had been subjected to years of emotional abuse by her husband and suffered from depression.
She said on this occasion, she had just snapped.
"There is domestic violence in respect of both parties," said Ms Geary.
Defence barrister Sean Cousins said his client and her estranged husband were still living on the same property in different dwellings.
"Mr Lopez is awaiting trial over allegedly assaulting Mrs Lopez," said Mr Cousins.
Judge O'Brien said the offence was clearly out of character, as Mrs Lopez had committed no previous offences.
"The explanation clearly lies in your long-standing illness and in the conduct of your estranged husband on this morning," he said.
"I take into account the history of emotional abuse.
"Anyone who uses a knife against someone should be sent to prison but in this case, the interests of justice don't require it."
Judge O'Brien said the three-year probation term would involve special conditions, including psychological and psychiatric treatment.
"There are significant extenuating circumstances of such a magnitude, no conviction is recorded," he said.
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