R v Te Kotia - [2024] NZHC 332
Date of Judgment
27 February 2024
Decision
Summary
Defendant appeared for sentence having pleaded guilty to manslaughter for the death of her young daughter.
Starting point of four years' imprisonment adopted to recognise the distinctive circumstances moderating the defendant's culpability as well as the serious consequences of her actions.
Personal mitigating features: 10 per cent for youth as defendant was 21 years old; 5 per cent for guilty plea few days prior to trial (but not more due to unsuccessful application to vacate guilty plea); 10 per cent for undergoing examination as Crown witness at trial of ex-partner; and 25 per cent encompassing causative factors from family and cultural background, personal history (including lack of prior convictions and state of mental health), the distinctive impact of sentence of imprisonment on defendant and 14-month old child, capacity for rehabilitation and the considerable steps taken so far towards rehabilitation.
Sentence: 12 months' home detention.
Starting point of four years' imprisonment adopted to recognise the distinctive circumstances moderating the defendant's culpability as well as the serious consequences of her actions.
Personal mitigating features: 10 per cent for youth as defendant was 21 years old; 5 per cent for guilty plea few days prior to trial (but not more due to unsuccessful application to vacate guilty plea); 10 per cent for undergoing examination as Crown witness at trial of ex-partner; and 25 per cent encompassing causative factors from family and cultural background, personal history (including lack of prior convictions and state of mental health), the distinctive impact of sentence of imprisonment on defendant and 14-month old child, capacity for rehabilitation and the considerable steps taken so far towards rehabilitation.
Sentence: 12 months' home detention.