A CAMPERDOWN stepmother accused of punishing a five-year-old child with cayenne pepper and then making her eat vomit has been placed on a corrections order.
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Gemma Louise Garner, 35, of Ferguson Street, pleaded guilty in Warrnambool Magistrates Court to 10 charges including failing to protect a child from harm and assaults.
She has been convicted, placed on a two-year community corrections order with the conditions she complete 150 hours of unpaid community work, undertake treatment and not associate with the victim.
Police claimed in a contest mention hearing that Garner had over-disciplined her step-daughter during a range of incidents during a two-year relationship with the victim's father.
A number of witnesses provided evidence of the victim being physically abused.
There were incidents at Lake Bullen Merri where the victim's toe was bent back, another involved her being hit with a belt and having other children pull her hair, leaving her terrified.
It was alleged that when the victim wet her bed Garner did not allow the child to eat dinner and only let her eat bread out of the dog’s bowl.
When the girl didn't eat her kindergarten lunch she was only allowed to eat from the dog scrap bucket.
Garner was also alleged to have punished the girl by giving her teaspoons of pepper for minor incidents like being too slow stacking the dishwasher or putting dishes away in the wrong spots.
Police said Garner started with normal pepper but then used hotter cayenne pepper.
It was alleged at one time the victim was given four or five teaspoons of pepper, vomited and was told to eat the vomit.
A witnesses came in, saw the girl licking the vomit, asked her what was going on and the girl said she had been told by Garner to eat it.
The pepper burnt the child's eyes, nose and mouth and there were fears the effects could cause long-term gastrointestinal problems.
When the child left Garner's care she was found to be covered in bruises and both her buttocks were black with bruises.
A medical examination indicated some of the bruising was not accidental.
When arrested, Garner admitted twice giving the girl pepper but denied making her eat vomit - saying the girl did that of her own accord - or making her eat out of the dog’s bowl.
Solicitor Daniel Norris said Garner still adamantly denied those allegations.
He said Garner had significant issues managing the child.
Mr Norris said the victim's biological mother was banned from seeing her daughter and there had been issues with her father.
He said the victim was hyper-compliant with adult direction and could be coached.
The solicitor said explanations for the bruising included the girl being jumped on by a dog, she hit her back on a trough, was hit by a cord coming out of a wall, her interaction with other children and there was a live issue of reasonable chastisement.
He said it was also clear that the girl's father had previously hit his daughter.
"It's an extraordinary complex matter," Mr Norris said.
Police said the victim was now in the care of other family members and thriving.
Mr Norris said his client and the girl's father were no longer in a relationship, but police said the father’s distinctive car was regularly at Garner's home.
Magistrate Ron Saines said Garner had been involved in abhorrent conduct - deeply serious offending.
He said Garner admitted to low-level offending but claimed to not be responsible for injuries or the most serious allegations.
The magistrate said the treatment of the five-year-old was unspeakably bad in a series of conduct likely to have caused long-term psychological damage.
However, he said it was reasonable for the accused to assert not all details of the offending may be proved beyond reasonable doubt.
He said Garner had no prior court appearances and if all matters were resolved to guilty pleas, convictions would be imposed but immediate imprisonment withheld and a CCO put in place along with fines.
Mr Saines said he would be extremely concerned if the accused was ever in the presence of the victim again.
The child's 35-year-old father also on Wednesday pleaded guilty to unlawful assault and was convicted and fined $1000.
Police alleged he smacked his daughter four or five times and threw her to the ground after she refused to help clean up the garden in September or October last year.
The magistrate said it was clear the child was subjected to high levels of cruelty and told the father that she in future required love and understanding and not physical discipline.