The mother of killer Danny Klobucar has avoided being sent to jail after joining in a vigilante-style attack on a man and kicking him in the head after her son had choked him into unconsciousness.
The incident involving Marie-Solvy Leclair and her son Klobucar on 30 May 2022 was concerning and perhaps alarming, Magistrate Glenn Theakston said on Tuesday (8 August).
He said the two family members had initially helped a woman over her concerns that a child could have been abused, but this very quickly turned into vigilante justice.
The pair were at the victim’s home when they confronted him with allegations of abuse and the situation escalated into Klobucar choking him into unconsciousness.
When he came to, Leclair kicked him in the face, leaving him with a cut to his forehead.
Magistrate Theakston said it was clear the victim was being held and controlled by Klobucar and he was “totally defenceless” when Leclair kicked him.
He also noted the 54-year-old, who was on disability support payments, had shown no evidence or remorse, although had expressed regret.
Leclair’s lawyer, Georgia Briggs from Briggs Law, said the attack was not premeditated and her client had committed no other criminal offences.
She said she had previously worked in aged care and volunteered to care for animals as well as support members of the community. She even cares for disabled or injured rabbits.
“She tries to live a quiet life,” Ms Briggs said.
“This incident is the very definition of something that is out of character for Ms Leclair.”
Ms Briggs asked for Magistrate Theakston to consider a non-conviction order for her client, but the magistrate said the incident was far too serious for him to make such an order.
Leclair, who had been found guilty of a charge of assault, was convicted and sentenced to two months’ jail, fully suspended for an 18-month good behaviour order.
At the end of a Magistrates Court hearing, Klobucar was found guilty of a choking charge over his role in the incident.
Earlier this year, he was sentenced to 19 months’ jail, suspended after he served 12 months.
Klobucar, who is now aged 35, had faced a jury trial in 2016 charged with murdering a 71-year-old grandfather, Miodrag Gajic, but was found not guilty by reason of mental impairment.
At the time of the killing, he had likely been suffering a psychotic episode from paranoid schizophrenia, which included delusional beliefs about paedophiles.