News 
 Local News 
 News 
 General 
 Ballarat woman sentenced over attempted murder of mum 

Ballarat woman sentenced over attempted murder of mum

15 Dec, 2009 01:42 PM
A WOMAN who tried to kill her cancer-stricken mother at a Ballarat nursing home has avoided immediate imprisonment.

Agnes Caris, 81, died at Nazareth House on December 14, last year - days after having a stroke and going into a coma.

Her daughter, Maria Christine Clark, 51, pleaded guilty to one count of attempted murder.

The Supreme Court at Ballarat was today told Clark visited her mother, who had bowel cancer, in the nursing home on December 14 and pinched her windpipe until she stopped breathing.

The next day, she confessed that she had taken her mother's last breaths to a colleague and handed herself into police.

Defence lawyer Tim Marsh told the court his client was motivated by love, not malice.

Mr Marsh said Clark regretted taking her mother's last breaths, but did not regret putting an end to her pain.

''She doesn't regret the alleviation of her mother's suffering and her family's suffering,'' he said.

Mr Marsh said the nature of Clark's offending, her motivation and her previous good character represented ''exceptional circumstances'' and urged the court to impose a wholly suspended jail sentence.

Crown prosecutor Daryl Brown also called for leniency, saying Mrs Caris was suffering from significant diseases and that her post-mortem showed no signs of neck compression.

Justice Lex Lasry said while Clark's offending was unlawful, there were exceptional circumstances in her case.

He said there were no prospects of Clark reoffending and it was in the interests of justice to impose a non-custodial sentence.

He convicted and sentenced Clark to two years' imprisonment, wholly suspended for two years.

Print
Increase Text Size
Decrease Text Size

comments


Date: Newest first | Oldest first
I feel sorry for the guy who killed his mother and got 15 years. This women kills her mother and walks. What is happening with the law?
Posted by Dannii, 15/12/2009 3:28:21 PM, on The Ballarat Courier
What of me. I am the youngest child of this woman who passed away 12 months ago yesterday. Don't dare believe that this person alleviated my mums pain. Her body was taken for an autopsy and she had her brain removed. We buried her three days after her death and we buried her brain four weeks ago. You think this alleviated my mum's pain? Her dignity was taken from her from a thoughtless person who only thought of herself. If ever this situation arose again she would do the same thing because I know this person like no-one else does. She has stripped my mum of her right to rise to heaven as a total human being to the house of God.
Posted by jesus, 15/12/2009 7:45:13 PM, on The Ballarat Courier
I sat with my own relative while in the last stages of life and the suffering I witnessed will stay with me forever. If it were a cat or dog, then it would have been able to have it's suffering shortened as a humane act. All life is sacred, but so is the act of death. If you prolong death and therefore not just witness suffering, but prolong it, you rob that person of the dignity and the right to pass over with the respect they deserve. What I am saying is that until you have experienced sitting with someone you love suffering, all you want for them is to have some peace. Sometimes nature and natural process is cruel. I can understand that in this situation, this was an act of love, and while I do not know the people involved personally, I hope the ones that are against this last action forgive this lady, as enough suffering for all concerned has occurred. Start this Christmas with love and forgiveness. Mrs Caris wouldn't want her death to be the cause of discord and separation would she? Remember her for what she stood for all her life and honour that instead. To carry such judgement and family division would only serve to dishonor her memory and wishes.
Posted by Re group as a family and end the discord now, 15/12/2009 8:23:43 PM, on The Ballarat Courier
To Jesus, my heart goes out to you, but as your mum is not just a body, the spiritual part, the part that goes to back to God, will return whole and complete. Take comfort from this and try to remove the painful memories of what happened to her body after death. She is not her body. She is a spiritual being. Now go and bury the hurt and anger. Your mum was and never will be the act of death or the autopsy. She will be the love that she gave birth to, and that can live through you, if you let it and change your focus. Please do not define her by the moment she died, but rather celebrate and remember all the years she lived and what she taught you about love and forgiveness. Celebrating her life and not focusing on the moment of death or the things that happened after would be a greater legacy and bring her the dignity she deserves. I can understand your anger but let this not blind you of the good memories and rob you of another moment of your life. What would your mum say? Would she want to be remembered for all this separation or would she want peace and unity?
Posted by Re Group, 16/12/2009 9:22:11 AM, on The Ballarat Courier
"re group", obviously you're not familiar with the 10 commandments. In my bible it says "thou shalt not kill". Mrs Clark admitted to doing what she says she did. The only humans in that courtroom were the prosecution who were trying do do their job and the poor old judge was only reading off pieces of paper.
Posted by judas, 16/12/2009 6:40:33 PM, on The Ballarat Courier
This person did not kill her mother out of love for her. If people knew the full story, they would not be so forgiving.
Posted by on the outside looking in, 16/12/2009 7:23:49 PM, on The Ballarat Courier
Dear Jesus, it is very sad that you look at your Mum's death like this. Your mum wouldn't have known that she had her brain taken as she had already passed. Her body had been laid to rest and it is only her spirit that returns to God. I have been in a similar situation with my own family, watching my mother die. We all thought it would be better for eveyone if she passed. Only none of us were as courageous as this women to do so. Find it in your heart to forgive your sister. If she is as thoughtless as you write, she will not care that you have gone through this suffering. Your sister has now been set free to live her life. Set yourself free and let go of all your anger. Bless You.
Posted by anon, 16/12/2009 9:46:22 PM, on The Ballarat Courier
As a nurse, I am appalled that the law has wrongly sided with this woman. She has committed an offence and should be punished for same. Why do we pay taxes to have a legal system to represent the community?
Posted by Lisa, 20/12/2009 8:05:47 PM, on The Ballarat Courier
As an ex-nurse I disagree Lisa. This woman had nothing in mind other than to alleviate her mother's suffering. I find it highly amazing that a family member who is saying this woman is basically evil, wishes to be known as Jesus. How ironic, that you play judge, jury and Jesus all in one. That speaks volumes to me. Jesus forgives us our sins (if we sin) Jesus was compassionate to those that suffered. Jesus hurt for those who suffered. Mary is aptly named as far as I am concerned. In my eyes she was a savior. But you Jesus, what are you other than a person who wishes to keep this going when your mother would be so relieved to be out of pain. Think about her for a change instead of yourself. Big hug Mary, we're with you 100 per cent.
Posted by Shenn, 21/12/2009 11:27:50 PM, on The Ballarat Courier

post a comment


Screen name  *
Email address  *
Remember me?
Comment  *
 
We invite and encourage our readers to post comments. Comments are moderated and will appear as soon as our editor has approved them. When posting comments you agree to be bound by our Terms and Conditions.
Ballarat woman Maria Christine Clark leaving Ballarat Magistrates Court with her defence lawyer Tim Marsh earlier this year. Picture: Jeremy Bannister
Ballarat woman Maria Christine Clark leaving Ballarat Magistrates Court with her defence lawyer Tim Marsh earlier this year. Picture: Jeremy Bannister

Most popular articles

Regent Cinema

Photo Sales
 
Paperboy
 
Design and Print


The Courier







Weather brought to you by:

Weatherzone

Navigate

Classifieds

More Ways to Read

Front Page

Current Issue
Privacy Policy | Conditions of Use | Advertising Terms | Copyright © 2010. Fairfax Media.
 SEND...
 SAVE...
 SHARE...