A mum was so engrossed in “ferociously” attacking her friend in a lift she didn't realise she had abandoned her toddler son.
Sarah Kirby had her son on her hip when she began assaulting Molly Culshaw, 36, and floored her. The mum-of-two then put the toddler in his buggy and used it to run over the victim, who was on the floor, before pushing it outside the lift.
She then went back to kicking, punching and stamping on her helpless friend and hitting her with a piece of wood, seemingly unaware that the doors had closed and the lift had moved off. 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 to the court at an earlier hearing and Judge Louise Brandon said "once you have seen that footage you do not forget it.” At the time of the assault, Kirby was the subject of a 13 month suspended sentence - imposed by the same judge - for a racially aggravated assault on a taxi driver.
Her barrister Michael Bagley said that she had been making good progress under that order but this offence had “a ruinous” affect on that. Kirby, of Alexander House, Sandy Road, Seaforth, had pleaded guilty to assault by beating and admitting being in breach of the suspended sentence imposed on September 4, 2020.
Iain Criddle, prosecuting, told the court that the attack happened on May 18 last year after Kirby and her friend, who lived in the same block, had spent three hours out that afternoon drinking. They went back to the victim’s flat and an argument developed during which Kirby verbally abused her though Miss Culshaw admitted, “she gave as good as she got."
Mr Criddle said: “The argument developed in a way it might not have done if they had not been drinking that afternoon. At that point they both left and went into the lift and the assault took place.’ It involved Ms Kirby punching, pulling her hair, kicking and stamping on Miss Culshaw."
He said that half-way through the assault she put her child in the push chair and pushed it over Miss Culshaw, who was on the floor.
Mr Criddle said: “While the child was outside the lift and on the corridor the defendant carried on attacking Miss Culshaw, who was still on the floor. She did not appear to notice the lift doors had shut and returned to the ground floor because she was intent on attacking Miss Culshaw."
Mr Criddle said that at one point Kirby went outside to see where her child was and “was surprised he was no longer in the corridor - because the lift had gone down at least three floors.”
Kirby was later arrested and when interviewed she said she had been drunk and was acted in self-defence. Mr Criddle said that the injuries she inflicted were “remarkably low” involving reddening and bruising to her eye and left arm and scratches.
The court heard that the 36-year-old victim, Molly Culshaw, lives on the 14th floor of the tower block and now feels trapped as she is afraid of getting into the lift or being unaccompanied.
In an impact statement last September the victim said she now needed to rely on her family and wanted to move out as she was afraid of getting in the lift or encountering Kirby alone. The court heard that Kirby has 17 convictions for 33 previous offences included violence.
Michael Bagley, defending, said that her response to supervision from the previous sentence had been positive but she admitted she “simply over-reacts” when under stress and her reaction had been disproportionate”. He added that she had had “a very very damaging upbringing.”
Judge Brandon told Kirby, who was crying in the dock until the judge pointed out she was unable or unwilling to remain offence free, “you present as entirely un-remorseful and sorry for anyone but yourself.
“The court cannot conclude you have a realistic prospect of rehabilitation. You have had so many chances and nothing has stopped you offending.”
Sentencing Judge Brandon said: “You dragged your son in the pram over her while she was on the floor and left him unattended while you carried on your aggressive behaviour towards her. Such was the ferocity of the assault you completely forgot about him and abandoned him, not strapped into the buggy, and left him on the corridor .”
She pointed out to Kirby that she had used three weapons - her shod foot, the piece of broken frame and the child’s buggy. Judge Brandon told her that she had had various chances but “not learnt from your mistakes” and was lucky she was not facing a more serious charge “given the violence you 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 to keep away from her victim was also imposed.
As Kirby was led to the cells she asked her two weeping female friends in the public gallery to look after her young son.
