A Brisbane woman who crashed a car into her husband and another woman after catching the pair kissing has been given a suspended sentence after pleading guilty to a downgraded charge.
Last year, Christie Lee Kennedy was found not guilty of two counts of malicious acts with intent to disable.
During a trial, the Brisbane District Court heard the 38-year-old drove her SUV into David Larkin and Zowie Noring in Wavell Heights in March 2021.
The trial heard Kennedy drove into a suburban street looking for Mr Larkin and discovered him kissing an acquaintance of the couple, Zowie Noring, near the side of the road.
Her SUV then slammed into them, and after the crash, Kennedy launched a physical attack on Ms Noring, punching her several times in the head.
The pair suffered several minor injuries, including abrasions and bruises, and Mr Larkin required surgery for a dislocated finger.
After acquitting Kennedy on the first set of charges, the jury was given the option to convict her on two alternative offences of assault occasioning bodily harm while armed, but was unable to reach a verdict.
Charges withdrawn
A retrial was set to start this week, but instead, on Monday, those charges were withdrawn, and Kennedy pleaded guilty to the lesser charge of dangerous operation of a motor vehicle.
The prosecution now accepts she did not intentionally hit the pair.
She had already admitted to attacking Ms Noring after the collision, previously pleading guilty to one count of common assault.
During a sentencing hearing, CCTV was played, which showed several angles of the moment Kennedy's car struck the pair.
The footage showed that shortly after Mr Larkin met with Ms Noring, Kennedy's car entered the street and accelerated before driving on the wrong side of the road and braking, running into the pair.
Both Ms Noring and Mr Larkin were thrown onto the road.
The court heard the incident had taken a toll on their emotional and mental state, and Ms Noring now suffers anxiety.
'No idea of affair'
Defence lawyer Penny White told the court that at the time, her client believed she was "in a very happy marriage".
"She had no idea he was having an affair," she said.
Ms White accepted Kennedy did not swerve, but she maintained she only wanted to "confront them", not hit them.
"Her intention at the time was to get there quickly and stop," she said.
"She's actively tried to stop her vehicle."
Judge Paul Smith told the court he accepted Kennedy would have been shocked when she came across her husband and another woman, but there was "never any intention to harm".
"You're lucky they weren't more seriously injured," he said to her.
Judge Smith told the court he had a firm view that Kennedy's offending was "indeed out of character", and she had demonstrated remorse.
"It's a real shame you committed this offence," he said.
"I am satisfied ... you are sorry for what you did."
Judge Smith handed her a nine-month sentence, wholly suspended.
He also ordered that she pay $5,000 each to Ms Noring and Mr Larkin in compensation and disqualified her from driving for nine months.
Kennedy was free to leave court.
