A COURT has heard a woman knocked over a six-year-old child during a fight on New Year's Eve at the Portland foreshore.
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Henna Humbert appeared in Portland Magistrates Court on Tuesday, September 6 facing charges of unlawful assault and behave in a riotous manner.
The court heard Ms Humbert was at the Portland foreshore carnival and had been drinking in the afternoon.
Ms Humbert attended the same event as the victim and her child, who was known to Ms Humbert.
The court heard Ms Humbert was near the dodgem cars and pirate ride when she allegedly grabbed the woman by her neck and arm and put her in a headlock.
Ms Humbert allegedly told the woman she needed to come with her because they had something to discuss.
The woman pushed Ms Humbert away and Ms Humbert allegedly said she would kill her.
Ms Humbert then allegedly struck the woman to the left side of her face above her eye and both women fell to the ground.
The court heard Ms Humbert then attempted to grab the woman's hair piece. A man intervened and put distance between Ms Humbert and the woman.
The court heard Ms Humbert began pushing and shoving the woman but she missed and hit a six-year-old child who was knocked to the ground.
Police prosecutor senior constable Paul Harris said the public gathered around the incident and stood between Ms Humbert and the woman.
On January 11 Ms Humbert was interviewed by police and she said there was a history of issues between her and the woman.
She said she had been drinking at the time and her recollections of the night were poor.
Ms Humbert's defence counsel asked Magistrate Ann McGarvie to consider placing her client on a diversion.
She said her client had no criminal history and provided two work references which demonstrated she was a person of good character.
She said her client came to Australia in 1984 from New Zealand, had a Polynesian background and English was not her first language.
The defence counsel said the victim had been verbally abusive to Ms Humbert but she took responsibility for her part in the incident.
She said Ms Humbert provided foster care to her grandchildren and her Working with Children card had been suspended due to the charges.
She said Ms Humbert was absolutely distraught that a child had been involved and distraught that she was before the court.
Magistrate Ann McGarvie said the incident wasn't Ms Humbert's fight to get involved in.
She said Ms Humbert was the aggressor and continued to fight after she'd been pulled off.
"She's continued to chase and attempt physical violence in a public place on New Years Eve," she said.
"Hundreds of people must have been horrified."
Ms McGarvie said the incident was too serious for a diversion.
She said if a man the same age was in Portland behaving the same way on New Years Eve a diversion wouldn't be an option. She said it was her view that a diversion was for trivial offences such as shop theft.
The matter was stood down and Ms Humbert consulted with her defence counsel before the court heard the matter would proceed as a contest mention.
Ms Humbert will appear in Portland Magistrates Court on November 14.
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