A MOTHER'S instincts prevailed in Gladstone Magistrates Court on Tuesday.
Presiding over her first week of local sittings, Magistrate Penelope Hay released a 54-year-old local woman without conviction or penalty after hearing the unusual circumstances of the case.
Police prosecutor Sergeant Mick O'Rourke told the court officers had received a 000 call at 11.35pm on June 9, after a family member had told them his mother and sister had been involved in separate fights.
Sgt O'Rourke said the mother had been told her daughter was in a fight, and walked down the street to see her daughter being followed by another woman.
Witnesses saw the defendant get involved in a scuffle with the woman who was following her daughter.
The mother received a punch in the face after rushing to her daughter's defence.
Duty lawyer Megan Creaser said the confrontation had been brought on by a maternal instinct in her client, after the other woman had hit her daughter in the head.
Magistrate Penelope Hay said the case was rather bizarre.
"The circumstances of this case are quite unusual," Ms Hay told the mother, who pleaded guilty to one count of public nuisance.
"Of course you're going to make some noise (after being punched in the face)."
Magistrate Hay released the 54-year-old woman without conviction, on the belief she had no case to answer.
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