IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2019-404-000292
[2019] NZHC 2130
BETWEEN JOENELLE PEREIRA
Appellant
AND
NEW ZEALAND POLICE
Respondent
Hearing: 20 and 27 August 2019 Counsel:
AP Comeskey for Appellant D Becker for Respondent
Judgment:
28 August 2019
JUDGMENT OF DOWNS J
This judgment was delivered by me on Wednesday, 28 August 2019 at 3.30 pm.
Registrar/Deputy Registrar
Solicitors/Counsel:
AP Comeskey, Auckland. Crown Solicitor, Auckland.
PEREIRA v POLICE [2019] NZHC 2130 [28 August 2019]
A difficult case
[1] Ms Joenelle Pereira slapped her nine-year-old daughter to the face. The assault left no injury but unsurprisingly, upset the victim. She was distressed at school the next day. This is how the offence was detected.
[2] Ms Pereira is 34, and a first offender. She pleaded guilty promptly and completed courses and counselling. Further offending is unlikely. Ms Pereira is a kindergarten teacher. If she remains convicted of assaulting a child, the Teaching Council must cancel her registration. If this happens, Ms Pereira would lose her job. Her future as a teacher would also be in jeopardy.
Background
[3] The offence occurred 9 August 2018. Ms Pereira was exercising with the victim and her two other children. Ms Pereira told the victim to go for a run. The victim struggled to do so because of back pain. Ms Pereira told her to repeat the run. The victim became upset, which led to an argument. Ms Pereira then slapped the victim. The latter told a teacher or teachers about the offence the next day.1 Ms Pereira admitted the offence to Police. She said she momentarily lost control.
[4]The victim was removed from Ms Pereira’s care. She has since been returned.
[5] The charge was laid 24 September 2018. On 8 November, Ms Pereira said she would plead guilty but contest entry of a conviction. Sentencing was adjourned so Ms Pereira could complete courses and counselling. Ms Pereira completed a 10-week anger management programme, a parenting course, family counselling, and family therapy.
[6] Ms Pereira filed an affidavit before sentencing. She said the victim was being disruptive and misbehaving. Ms Pereira also said she was sleep-deprived because her youngest child (who was 12 months) was not sleeping well.
1 The summary of facts refers to disclosure of “domestic violence issues ... within her home”; and to “recent and historic incidents of alleged physical abuse”. However, Police laid only one charge. The charge was not framed as representative. By her plea, Ms Pereira acknowledged a single incident of violence. I proceed on this basis.
[7]On 14 June 2019, Judge E M Thomas sentenced Ms Pereira.
[8] The Judge found Ms Pereira “genuinely remorseful”.2 He considered she had done everything she could to mitigate the seriousness of the offending. The Judge held the gravity of the offence was “somewhere between low and moderate”.3 The Judge was not satisfied of a real and appreciable risk Ms Pereira would lose her teaching job at the kindergarten.…
Keep reading for free
Create a free CaseChat account to read Pereira v Police and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2019] NZHC 2130
- Decision Date
CaseChat Overview and Summary
The Court considered the nature and gravity of the offence, acknowledging that while the physical harm caused was minimal, the breach of trust and the emotional impact on the victim were significant. The Court also examined the direct and indirect consequences of the conviction, which included the likely loss of Pereira’s job and potential difficulties in finding future employment in the teaching profession. Despite the Police’s argument that the likelihood of obtaining an exemption from the Teaching Council was high, the Court found that the consequences of conviction were moderately serious. The Court concluded that while the consequences were not entirely disproportionate to the gravity of the offence, the unique circumstances of the case warranted careful consideration. Ultimately, the Court decided that the consequences of conviction, though serious, were not so disproportionate to the gravity of the offence as to warrant a discharge without conviction.
The Court's reasoning highlighted the importance of balancing the need to protect children with the potential collateral consequences of a conviction on an offender's career and life. The decision underscored the Court's cautious approach to discharging offenders without conviction, particularly in cases involving specified offences under the Children’s Act. The appeal was dismissed, leaving Pereira with the conviction that could have significant repercussions for her career as a teacher.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.