NOTE: HIGH COURT ORDER PROHIBITING PUBLICATION OF ANY
MATERIAL REFERRING TO SPECIFIED BACKGROUND FACTS
REMAINS IN FORCE: SEE [1], n 1 OF THIS JUDGMENT.
IN THE COURT OF APPEAL OF NEW ZEALAND
I TE KŌTI PĪRA O AOTEAROA
CA171/2025
[2025] NZCA 444
BETWEEN JESSICA MULFORD Appellant AND THE KING Respondent
| Hearing: | 29 July 2025 |
| Court: | French P, Jagose and Gault JJ |
| Counsel: | N M Dutch for Appellant |
| A J Ewing for Respondent | |
| Introduction |
Ms Mulford was convicted at trial of the manslaughter of a two year old child.
The trial Judge, Campbell J, sentenced her to a term of imprisonment of five years and
seven months.[1]
[1] R v Mulford [2025] NZHC 249 [sentencing notes]. At sentencing, the Judge made an order under
The jury also found Ms Mulford guilty of injuring the same child with intent
to injure by strangling her on an earlier occasion some five months prior to her death.
On that charge, the Judge convicted and discharged Ms Mulford due to the effect of
s 18 of the Sentencing Act 2002.
Ms Mulford now appeals the manslaughter sentence.
On her behalf, counsel Mr Dutch contended the sentence was manifestly
excessive because (1) the Judge’s starting point was too high and incorrectly took into
account the injuring with intent to injure offending; and (2) insufficient discounts were
given for personal mitigating factors. Mr Dutch invited us to set aside the sentence
and replace it with a prison term of two years and six or eight months.
Background
The child, whose name was Harlee-Rose Niven, was the daughter of
Ms Mulford’s partner. According to his evidence at trial, prior to Harlee-Rose’s birth
he and Ms Mulford had agreed their relationship would not be exclusive.
For the first 18 months of her life, Harlee-Rose lived with her mother. Then in
August 2021 she came to live with her father with the result that Ms Mulford at age 17
became a primary caregiver.
As the Crown acknowledges, Ms Mulford at times cared well for Harlee-Rose
but she also struggled with parenting and resented having to look after someone else’s
child.
On 9 November 2021, Ms Mulford strangled Harlee-Rose, injuring the back of
her neck and causing the whole of her face to swell and discolour. There was also
bruising to Harlee-Rose’s earlobe consistent with pinching. Harlee-Rose was taken to
hospital. Ms Mulford lied to the medical staff and others about the cause of the
injuries, falsely claiming that she had fallen from a deck.
Five months later, on 9 April 2022, Ms Mulford (by that time aged 18) killed
Harlee-Rose by applying such force to the child’s abdomen that it ruptured her internal
organs. The little girl suffered a large laceration to her liver, meaning (as the forensic
pathologist put it at trial) that the liver was effectively torn in two, as was her pancreas.
The small bowel was also lacerated. Harlee-Rose was rendered unconscious within
minutes and later died in hospital.
Ms Mulford again attempted to conceal what she…
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- AGLC
- Mulford v The King [2025] NZCA 444
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- [2025] NZCA 444
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