An 85-year-old dementia patient stood alone and confused for hours after a cruel and humiliating attack by a Sydney nursing assistant, who slapped her twice in the face with her own rubbish.
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Dana Maree Gray was jailed for 17 months with a non-parole period of six months on Wednesday for assaulting the "entirely dependent" woman at The Poplars nursing home in North Epping in August 2017.
But magistrate Robyn Denes let the 59-year-old walk from Burwood Local Court on bail, so Gray can be assessed for her suitability to serve the sentence in home detention.
Gray had worked in the dementia unit of the home since December 2013 when she walked into the "vulnerable" woman's bedroom and unleashed the "domestic violence" attack, Ms Denes said.
Footage of the assault, tendered in court, was shot on a GoPro camera hidden by a colleague of Gray's who feared for the residents' safety.
It shows Gray staring at the woman, who was using a walking frame, before raising the bed to her chest height.
Gray yells "move" and aggressively pulls off the woman's glasses and cardigan before slapping her repeatedly and grabbing her hair to drag her head from left to right.
The patient's bra is tugged off, leaving her topless and hanging her head until a nightgown is shoved over her.
Gray then empties the bathroom bin, ties the rubbish bag into a knot and swings the contents at the woman's face, hitting her on both cheeks.
She is left alone with her raised bed, unable to sit or lay for a number of hours, according to the agreed facts.
The magistrate condemned Gray's abuse of her "position of trust" and the way her offending came to light.
"She cannot complain, she doesn't have the ability to protect herself, she is entirely defenceless," Ms Denes said.
"It seemed to me that all your frustration, all your anger was taken out on this lady.
"Even the act of leaving that bed raised ... was heartless.
"As a coup de grace you hit her with the rubbish bag. The humiliation of that victim was complete."
Police prosecutor Wayne Law said the woman's screams "in clear distress" demonstrated she was in pain.
"Just because she suffers from dementia doesn't mean she cannot feel things," he said.
"She couldn't do anything ... she was exposed while she was assaulted."
Ms Denes refused in June to hear the matter under the Mental Health Act and Gray has since been deemed "unsuitable" to serve any sentence via community service due to an arm disability.
The case is scheduled to return to court on September 20.
Australian Associated Press
