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ABC News
ABC News
National
court reporter Claire Campbell

Port Augusta woman charged with manslaughter gets less jail time due to domestic violence

A woman who killed her abusive partner believing it was reasonable to defend herself will be eligible for parole in six months, with her family calling for more culturally appropriate anti-violence support.

Monica Vivianne Liza Walley, 37, pleaded guilty to the manslaughter of her partner of 15 years at home in Port Augusta three years ago.

The father-of-five cannot be identified for cultural reasons, instead referred to as Kumanara — a Pitjantjatjara word used for recently deceased men.

He was remembered in the Supreme Court as "a cultural man", "family oriented" and "a talented football player".

During sentencing Justice Sandi McDonald said the circumstances of the offence were "tragic".

"They are tragic for Kumanara and his family; they are also tragic for you, your family and especially your children," she said.

Justice McDonald said the couple first met at school and clearly loved each other.

"Unfortunately, over time, your relationship with Kumanara deteriorated with jealousy, alcohol and violence becoming a central feature," she said.

Kumanara was jailed numerous times for assaulting Walley, including inflicting multiple head injuries and stab wounds on her.

On the day of Kumanara's death the couple had been drinking alcohol and celebrating their daughter's birthday and "minor arguments" broke out.

"The next thing that you remember is leaning over Kumanara on the road, telling him that you're sorry and that you loved him," Justice McDonald said.

"You cannot recall any argument or disagreement; you cannot recall how you came to grab the knife.

"I accept that you have no memory of these events, the combination of alcohol and the trauma that occurred is an obvious explanation of this."

Justice McDonald said Walley's "regret was immediate" and she accepted her "genuine and heartfelt" apology.

"It was an attempt on the basis that in that moment, given the extensive history of domestic violence inflicted on you, you formed the view that it was necessary and reasonable to do what you did to defend yourself," she said.

"That reaction was, however, greater disproportionate to the threat you faced that evening.

"However, it is explicable in the context of your suffering over the years."

'Powerful words' at sentencing conference

Justice McDonald said Walley suffered "domestic violence in the context of social entrapment".

Walley had been in and out of women's shelters and different communities "trying to find a better home" for her and her children.

Walley told the court during an Aboriginal sentencing conference that "as much as I tried to get away, I could never get far enough".

"Your history of your relationship with Kumanara is unfortunately all too common amongst many Aboriginal women who are caught up in an abusive relationship," Justice McDonald said.

She said "powerful words" had been spoken at the Aboriginal sentencing conference, including from Walley's aunties, who called for more support services.

"Monica went through domestic violence support services to get the support that she needed but where was Kumanara's help; he also needed that help around his anger, around his alcohol and drug abuse," Justice McDonald quoted Walley's aunty as saying.

"We need to focus on our young men, too — they need help and support because they don't know how to control themselves.

"I feel that this is the type of change that needs to take place, making our men stand accountable too for their actions.

"This just can't continue to go on."

Walley was initially charged with murder, but prosecutors later accepted her manslaughter plea.

Justice McDonald sentenced her to seven years and two months in prison with a non-parole period of three years and seven months.

She said special circumstances existed in this case allowing a lower-than-normal non-parole period, including Walley's guilty plea and the extreme domestic violence she had experienced.

Walley's sentence has been backdated to when she was taken into custody in October 2019.

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