NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS, OF DEFENDANT PROHIBITED BY ORDER MADE UNDER S 200 OF THE CRIMINAL PROCEDURE ACT 2011.
NOTE: PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS, OF DEFENDANT'S HUSBAND OR CHILD PROHIBITED BY ORDER MADE UNDER S 202 OF THE CRIMINAL PROCEDURE ACT 2011.

IN THE HIGH COURT OF NEW ZEALAND
WANGANUI REGISTRY
CRI 2015-083-529
[2015] NZHC 1244

THE QUEEN
v
X

Hearing: 5 June 2015
Counsel: L C Rowe for Crown
D Goodlet for Defendant
Ruling: 5 June 2015

RULING (1) OF SIMON FRANCE J
(Application for discharge without conviction)

[1] The defendant applies for a discharge without conviction having pleaded guilty to a charge of manslaughter. The deceased is the defendant’s only child, a young boy aged 16 months at the time of his death.

[2] The law provides that a discharge without conviction may be granted whenever the consequences of a conviction would be out of all proportion to the gravity of the offence. Gravity of the offence is a concept that requires analysis of both the circumstances of the offending, and of the offender.

[3] For reasons that can be briefly stated, a discharge without conviction is the appropriate outcome in this case and will be ordered. I have already made final suppression orders in relation to the identity of the defendant, her husband, and the child…

Full ruling: QvXRuling1.pdf
On supression order: QvXRuling2.pdf

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