A woman who told police "they all sit next to one another at school" when caught breaching COVID restrictions by throwing her daughter a birthday party last year has been sentenced in court.
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The Mount Clear woman, who The Courier has chosen not to name, represented herself in the Ballarat Magistrates' Court on Thursday supported by her husband.
Police prosecutor Senior Constable Jack Fletcher told the court a fine of $1817 was issued on August 13, 2021, at around 9.15pm at a Whitehouse Road address.
"She made admissions to being aware of current COVID conditions from the ticket ... she was aware of the party and said, 'they all sit next to one another at school'," he said.
Days earlier on August 9, the Victorian government lifted the 'five reasons to leave the home' for regional Victoria.
The update read: 'Importantly, private gatherings in the home are still not permitted, however, outdoor gatherings in public spaces can occur with up to 10 people.'
The court heard there were six party goers at the 18th birthday celebration in attendance who did not live at the address.
"They were all socially distanced, it was outside of the residence," the woman told the court.
"I thought we could have 10 people outdoors."
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When Magistrate Jonathan Klestadt queried why the woman thought that was the direction at the time, she said, "there were so many changes every other day".
Mr Klestadt replied, "I understand that, but it seems you decided that [the orders] wouldn't apply to you."
But the woman disagreed.
"It was probably more of a mental health thing for my child, they've spent two years on and off, studying VCE," she said.
When Mr Klestadt asked if the woman had COVID she said when she did it didn't impact her "that badly" and the following day she was able to go out for a meal with no masks in a hotel atmosphere.
The woman told the court she was hoping to "get the fine zeroed out", and initially pleaded not guilty to the charge of failure to comply with public health orders.
When Mr Klestadt provided a sentencing indication, the woman changed her plea to guilty.
The woman was ordered to make a promise of good behaviour to the court for three months and donate $250 to the Salvation Army.
"This is serious stuff, it's not over and the directions of the chief health officer were pretty clear," Mr Klestadt said.
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