A mother was so engrossed in “ferociously” attacking her friend in an elevator that she didn’t realize she had abandoned her young son.
Sarah Kirby had her son on her hip when she began assaulting 36-year-old Molly Culshaw, knocking her down. The mother of two then put the toddler in her stroller and used it to run over the victim, who was on the floor, before pushing him out of the elevator.
She then went back to kicking, punching and stomping on her helpless friend and hitting her with a piece of wood, apparently unaware that the doors had closed and the elevator had started up. The 36-year-old appeared at Liverpool Crown Court for sentencing on Friday April 29, where she was jailed for 12 months.
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CCTV footage of the attack was played in court at a previous hearing and Judge Louise Brandon said “once you’ve seen those footage, you won’t forget it”. At the time of the attack, Kirby was subject to a 13-month suspended sentence, imposed by the same judge, for a racially aggravated assault on a taxi driver.
His attorney, Michael Bagley, said he had made a lot of progress under that order, but that this offense had a “ruinous” effect on that. Kirby, of Alexander House, Sandy Road, Seaforth, pleaded guilty to assault by beating and admitted breaching the suspended sentence imposed on September 4, 2020.
Prosecutor Iain Criddle told the court the attack happened on May 18 last year after Kirby and her friend, who lived on the same block, had spent three hours drinking that afternoon. They returned to the victim’s apartment and an argument ensued during which Kirby verbally abused her, although Ms. Culshaw admitted that “she gave everything she got from her.”
Criddle said: “The discussion developed in a way that it might not have if they hadn’t been drinking that afternoon. At that moment they both left and entered the elevator and the assault took place. It involved Ms. Kirby hitting, hair pulling, kicking and stomping on Ms. Culshaw.”
She said that in the middle of the assault she put her son in the stroller and pushed him onto Miss Culshaw, who was on the ground.
Criddle said: “While the boy was out of the lift and in the hallway, the defendant continued to attack Miss Culshaw, who was still on the floor. He didn’t seem to notice that the elevator doors had closed and he went back downstairs because he intended to attack Miss Culshaw.”
Criddle said that at one point Kirby went out to see where his son was and “was surprised that he wasn’t in the hallway anymore, because the elevator had gone down at least three floors.”
Kirby was later arrested and when interviewed said she had been drunk and was acting in self-defense. Mr Criddle said the injuries she inflicted were “remarkably minor” and included redness and bruising to her left eye and arm and scratches.
The court heard that the 36-year-old victim, Molly Culshaw, lives on the 14th floor of the tower and now feels trapped because she is afraid to get in the elevator or to be alone.
In an impact statement last September, the victim said she now needed to trust her family and wanted to move because she was afraid to get on the elevator or find herself alone with Kirby. The court heard that Kirby has 17 convictions for 33 prior crimes that include violence.
Michael Bagley, in her defense, said that her response to the previous sentence supervision had been positive, but admitted that she “just overreacts” when stressed and that her reaction had been blown out of proportion. He added that she had “a very, very damaging upbringing.”
Judge Brandon told Kirby, who was in the dock in tears until the judge pointed out that he could not or would not remain free of offense, “you appear completely unapologetic and remorseful for no one but yourself.
“The court cannot conclude that he has a realistic prospect of rehabilitation. You have had so many occasions and nothing has prevented you from committing a crime”.
Sentencing judge Brandon said: “You dragged your child in the pram over her while she was on the ground and left him unattended while you continued your aggressive behavior towards her. Such was the ferocity of the assault that you completely forgot about him and abandoned him, did not tie him to the buggy, and left him in the corridor.
He pointed out to Kirby that he had used three weapons: his shod foot, the broken frame piece, and the pram. Judge Brandon told him that he had had several opportunities but that he “didn’t learn from his mistakes” and that he was lucky he didn’t face a more serious charge “given the violence he inflicted.”
Kirby was jailed for four months for the assault with eight months of the suspended sentence activated to run consecutively. A ten-year restraining order was also placed to keep the victim away from him.
As Kirby was led to the cells, she asked her two friends crying in the public gallery to watch her young son.
Reference-www.liverpoolecho.co.uk