Magistrate sends ‘racist’ Chinchilla mother to jail for 19 charges
MAGISTRATE Tracy Mossop was left with no choice but to send a local woman to jail, who had relentlessly shown disrespect to the law, police, and the Chinchilla community.
Nicole-Louise Jackson was sentenced to prison after appearing in the Chinchilla Magistrates Court on 19 charges, August 2.
The charges were as follows; nine breaches of bail, one charge of breaching COVID-19 public health direction, three charges of obstructing police (one while on licensed premises), two charges of stealing (one was committed after a previous conviction), two charges of public nuisance, one charge of failing to leave a licenced premises, and once charge of trespass.
The court heard that on July 29, 2018, Jackson was drinking at the Chinchilla RSL when she became overly intoxicated and refused requests to leave.
Police prosecutor senior constable Jodie Tahana said once police arrived and tried to escort Jackson she began calling them, "white dogs".
"She was informed that she was under arrest, she then swung her arm out… resulting in police placing the defendant in handcuffs," she said.
Once police got to the car, snr const Tahana said Jackson continued to resist, putting her legs up on the door.
"She was taken to her mother's address in order to revert her to a place of safety rather than taking her to the watch house," snr const Tahana said.
"They spoke to her mother who was willing to take care of the defendant."
When police tried to get Jackson out of the car, snr const Tahana said she squirmed and kicked out towards to officers.
"She yelled out at the top of her voice calling police white dogs, Nazi f-ks, sluts.
"She was warned about the behaviour and did eventually comply after the cuffs were removed.
"The arrest was discontinued."
Jackson obstructed police on another occasion, on April 18, 2020.
Snr const Tahana said police had noticed Jackson and two others being rowdy and swearing at the Chinchilla BP.
"They approached the trio who stopped beside the police vehicle that was exiting the BP," she said.
Jackson then yelled, "what do you c--ts want? Look at you, you big white maggot c--ts, f---k off, stop hassling us you white dog maggot c-ts".
Snr const Tahana said police then got out of their car and tried to remove the three from the carpark, resulting in the male being arrested, which prompted Jackson to try and stop police resulting in her own arrest.
"In relation to that, the failure to comply with a COVID-19 direction."
Snr const Tahana told the court that on the April 28 2019, at 3.30pm Jackson stole $180 worth of meat, and a four dollar shopping basket from Drakes IGA.
"She left the store without making payment for those items, along with a basket that belonged to the store," snr const said.
Once located by police, snr const Tahana said she refused to answer any questions.
The remaining stealing offence occurred at 3.45pm on September 2 2019, at Woolworths.
Snr const Tahana said Jackson was walking around eating food that she hadn't paid for while shopping, one of the items was a roast chicken which she then put back half eaten on a shelf - hiding it behind other items.
"Police stopped and spoke to her… she produced a receipt for the item she did pay for, but the chicken and other items were not on that receipt," she said.
Again, causing a scene on April 18, 2020, at the bottle shop, snr const Tahana said Jackson, while in the company of a man, was verbally abusive to staff and treated to rob the shop because a $2 coin had fallen on the ground.
Snr const Tahana said the man had bought alcohol, and when his change was handed back a $2 coin dropped to the ground, when Jackson said, "pick that f-king money up and hand it to him," and when asked to leave she said "I will come back and rob this f-king place, c-t".
"The defendant then made a gun gesture with her fingers and pointed at the witnesses head and said 'you'll get what's coming to you'," snr const Tahana said.
The court heard when police spoke to Jackson about the incident she refused to answer questions and said, "I don't give a f-k, charge me then c-t".
On June 24 2020, Jackson again added another charge of public nuisance to her rap sheet after police were called to a disturbance on Canaga St.
Snr const Tahana said police noticed there were a number of smashed bottles, and an empty carton sitting on the street, and Jackson stubby in hand was swearing at a group of men down the street.
"She was heard to call coconut c-k suckers a number of times, towards these persons… she began to yell and swear at police telling them to 'go get f-ked, don't tell me what to do,'" she said.
"She continued her delinquent behaviour saying 'go on, lock me up then'… she was subsequently placed in the vehicle… she was then processed and later released on bail."
All nine charges of breaching bail, Snr const Tahana said, were in relation to Jackson failing to report to Chinchilla police officer in charge Andrew Irvine.
Jackson's solicitor, Peters Criminal Lawyers's Claire Graham, said the 34-year-old mother of eight children, has had an exceptionally tough life - being the victim of high end domestic violence at 18, having suffered mental health issues, being caught up in drugs and alcohol from a very early age, as well as becoming pregnant at the age of 13.
"She does instruct she lived on the streets for a while, before eventually making her way back to Chinchilla (where she was born)," Ms Graham said.
"She has done some seasonal work but hasn't otherwise been employed."
Ms Graham said Jackson used alcohol to numb her problems, and has been drinking since the age of 11.
"She has decreased the amount she is drinking," she said.
"She was diagnosed with PTSD… there hasn't been ongoing treatment in regards to that, she struggles to talk about her background and the issues that she has faced in her life."
When police recently invited Jackson to attend a community meeting to address juvenile crime with members of the community, Ms Graham said she was willing to go, which shows that there is significant rehabilitation progress.
"She has a real fear that one of her children is going to end up killed in a car accident," she said.
"In the past 12 months she instructs there had been loss in the family - two suicides, death by way of a car crash, and one in a stolen car crash."
Looking for a fresh start with her children, Ms Graham said, Jackson is planning to move from Chinchilla, and intends to stay with a family member who doesn't drink.
The fact that Jackson has acknowledged there is a problem and is actively trying to better herself, Ms Graham said, she should be put on parole rather than jailed.
Magistrate Tracy Mossop said Jackson's offending over a 14 month period was made more serious by the fact she was already on bail.
"I take into account your pleas of guilty, the facts of your offending, your very lengthy criminal history of a significant like nature, but I also take into account the matters Ms Graham put on the record," Ms Mossop said.
Ms Mossop told Jackson she was a racist, and couldn't understand why someone with her background would treat others with the same hatred she herself may have been subjected to.
"If you don't like to be called a colour then why on earth would you think it's your right to call police white dogs or c-ts - you do not have that right," Ms Mossop said.
"You do nothing for yourself or your community cultural group, when you behave in that way, and intoxication might be an explanation but it's not an excuse."
Ms Mossop said Jackson's conduct has been concerning especially considering she is in charge of a number of young children.
"You don't set any example by your behaviour," she said.
In the past, Ms Mossop said Jackson had received the benefit of fines, probation, suspended sentences of imprisonment, immediate parole, and actual time.
"Nothing has deterred you," she said.
Ms Mossop told Jackson there are a lot of people in the world who have experienced hardship in their lives - but not everyone turns to a life of crime.
"You don't know anything about my past, you wouldn't know about what horrible things happened to me - I do not let those horrible things that have happened to me overwhelm me, to give me an excuse to behave like an absolute destructive person - and that's what this behaviour is, it's destructive to you, it's destructive to your family, it's destructive to the community that you live in, " she said.
"You need help.
"How many times does it have to happen before you go, 'you know what, I need to be better,' because I'm sure you can be - I've seen you on occasions here with your children and you're not too bad, and on other occasions where you behave like a very rude aggressive person.
"If you really love your family, turn the corner. I can't make you do it, you have to do it yourself."
Ms Mossop sentenced Jackson to nine months imprisonment, with a parole release date of November 7, 2020.
Convictions were recorded.