Source : Perth Now news
A Sydney woman who killed her ex-husband when she drove her car at him will remain free on bail as she waits to learn whether she’ll be jailed.
Samantha Hooker was last week found not guilty in the NSW Supreme Court of murder after admitting to mowing down her ex-husband Peter Hooker at Schofields on August 8, 2023.
She was found guilty of the lesser charge of manslaughter and at trial argued the partial defences of extreme provocation and mental impairment owing to what she said was years of domestic abuse.
Mr Hooker was hospitalised after he was struck by the car and thrown against a brick wall.
He was released from hospital but later died as a result of an infection, a complication of his surgery.
The court was told that Hooker argued that she was assaulted and subjected to intimidation by her ex-husband and she was suffering from post-traumatic stress disorder.
“The evidence at trial relied on to found the partial defence of extreme provocation was that the deceased had committed the offence of intimidation against the offender,” Justice Hament Dhanji told the court on Thursday.
“The offence relied on was a continuing offence over a period of time involving various, separate acts including assault … and harassment.”
After his death, Hooker was charged with murder and spent four months and four days in custody before being granted bail, which she remained on during her three-week trial.
The Crown on Thursday sought to have her taken into detention, arguing it was realistically inevitable that she would be jailed following the jury’s verdict,
But her legal team successfully argued that there were special and exceptional circumstances and she should remain on bail until before she returns to court for sentencing proceedings later this year.
“It is accepted that the offender does not present an unacceptable risk of failing to appear, committing a serious offence, endangering the community or interfering with witnesses or evidence,” Justice Dhanji said.
“That being the case, the detention application is refused.”
Hooker will face a sentence hearing on April 29.
