A grandmother has been deported from Australia after she stabbed a man. Photo / 123rf
A grandmother has been deported from Australia after she stabbed a man. Photo / 123rf
A Kiwi-born grandmother with schizophrenia has been booted out of Australia after she stabbed a man in the anus with a 15cm kitchen knife.
Susan Davis had been living across the ditch for more than 30 years when she was jailed in February last year for three years and six months on an admitted charge of grievous bodily harm.
The 57-year-old, however, was paroled in January this year and ordered to reside at the immigration detention centre, where she will remain until she boards a plane for New Zealand.
A decision released last week by the Administrative Appeals Tribunal of Australia set out her plea to remain in the country she has called home since 1990, and the offending that has seen her forced out.
“The victim was wearing underwear and a pair of tracksuit pants. He suddenly felt something in his anus and, when he was stabbed, he reached around to feel the handle of a knife sticking out of his anus.
“The victim pulled the knife out of his anus and either dropped it on the floor, or placed it on the kitchen bench. He then went to lie down on the front verandah while waiting for an ambulance to arrive.”
Someone assisted him by applying pressure to his buttocks area with a rag. He was bleeding profusely.
During the attack, Davis was “mouthing off” with claims the victim had attacked her the previous night.
She argued at her sentencing in the District Court of Western Australia that the stabbing was in self-defence due to the alleged assault on her, but this was not accepted by the judge.
The Administrative Appeals Tribunal of Australia made the ruling last week. Photo / 123rf
The judge described her explanation as “actual delusions” that Davis, who has no previous history of violence, had acted on.
She had been diagnosed with schizophrenia 30 years prior and had stopped taking her medication at the time of the offending.
The sentencing judge described the attack as very serious, unprovoked and vicious. The victim suffered significant injuries.
The court heard Davis had made a number of comments to the victim the night before the attack, telling him to “f*** off” from the house.
But it wasn’t unusual for her to behave toward him in such a way, the court heard. The victim tolerated her behaviour because he was aware of her mental health condition, and she was his friend’s mother.
Before moving to Australia, Davis had three minor drug convictions in New Zealand. She went on to rack up 11 driving-related convictions between 1999 and 2011.
She did not commit any further offending until the stabbing.
After she was jailed, Davis’ visa was mandatorily cancelled under section 501 of the Australian Migration Act due to her substantial criminal record and because she was serving time in prison.
She went on to seek revocation of the cancellation decision, submitting information regarding her personal circumstances and evidence in support.
But her efforts were rejected and in March this year she lodged an application with the Administrative Appeals Tribunal of Australia for a review.
Senior member of the tribunal Dr Michelle Evans-Bonner released her decision on May 25, following a hearing in Perth earlier in the month.
At her appeal, Davis represented herself and was supported by her two adult sons, who gave evidence on behalf of their mother.
They said they wanted Davis to remain in Australia and that they would care for her. It was also her desire not to be separated from her young grandchild.
Davis submitted that she suffered various ailments, that she would not reoffend and that she would take steps to maintain her mental health.
She had employment plans and wished to take up charity work.
But the decision said Davis had a history of failing to take her medication.
Despite her taking it regularly since being in prison and at the detention centre, Evans-Bonner was concerned there were no firm plans in place to monitor Davis’ mental health if she was released into the community.
If she lapsed again, there was a likelihood she would reoffend, Evans-Bonner concluded.
“... I am of the view that even a low risk of such conduct occurring again is unacceptable.”
Davis, who prior to going to prison was in receipt of a disability support pension, had little insight into the link between her illness and her offending, the decision stated.
Evans-Bonner found that while Davis’ ties to her sons and grandchild in Australia were strong, the relationships could be maintained in New Zealand.
It was unlikely there would be any language or cultural barriers if she were to return, and she would have access to the same social, medical and economic supports as other citizens of New Zealand, Evans-Bonner said.
Davis also has family in New Zealand who she could rely on for emotional support.
In upholding the decision not to revoke the cancellation of her visa, Evans-Bonner said the protection of the Australian community and its expectations outweighed the considerations in favour of Davis.
She would likely be removed to New Zealand as soon as is reasonably practicable, the decision said.
