R v Barriball - [2022] NZHC 1555

IN THE HIGH COURT OF NEW ZEALAND ROTORUA REGISTRY

I TE KŌTI MATUA O AOTEAROA

TE ROTORUA-NUI-A-KAHUMATAMOMOE ROHE

CRI-2021-070-4336

[2022] NZHC 1555

THE QUEEN

v

MICHAELA BARRIBALL SHARRON BARRIBALL

Hearing: 30 June 2022

Counsel:

A J Pollett and P-F Lee for Crown R M Adams for M Barriball

C A Harold for S Barriball

Sentence:

30 June 2022

SENTENCE OF PAUL DAVISON J

Solicitors:
Crown Solicitor, Tauranga Adams Law, Tauranga

R v BARRIBALL [2022] NZHC 1555 [30 June 2022]

Introduction

[1] Michaela Barriball you are 27 years old.1 You appear before the Court today for sentence having pleaded guilty to one charge of murder,2 one charge of injuring with intent to injure3 and two charges of ill-treatment of a child.4 Your offending caused the death of Malachi Rain Subecz, a five year old boy.

[2] Your offending, Sharron Barriball, is that of attempting to prevent the course of justice.5 You have plead guilty to the charge. You are Michaela’s sister. You are 37 years old.6 Your offending also relates to events behind and in the context of Malachi’s death.

[3] There are a number of Malachi’s immediate and extended family present in Court this morning. It is clear that all of Malachi’s family and whānau are deeply affected by grief from the tragedy of his death. I commence my remarks this morning by extending the sympathy of the Court to Malachi’s family, for their loss.

[4] Whenever a young child dies, and particularly in circumstances such as this, not only does the immediate family grieve, but the whole community does too. Malachi was a member of our community. As members of society, we all have a responsibility for those among us who are especially vulnerable and who need special care and protection. All children in the care and custody of adults should be entirely safe and secure at all times. It is a tragedy that Malachi’s life was taken from him by the actions of the person responsible for his care and protection, and a person who was entrusted with and expected to discharge that responsibility.

[5] So in sentencing you today Michaela, the Court must hold you accountable for what you have done, for the life you have taken, and to send a clear and emphatic message to the community that there is no tolerance whatsoever for violence of any kind against children, and that the Court can be expected to reflect community

1      Michaela Barriball, born September 1994.
2      Crimes Act 1961, ss 167 and 172: carrying a maximum penalty of life imprisonment.
3      Section 189: carrying a maximum penalty of five years’ imprisonment.
4      Sections 152 and 195: carrying a maximum penalty of 10 years’ imprisonment.
5      Section 117: carrying a maximum penalty of seven years’ imprisonment.
6      Sharron Patricia Mereama Barriball, born September 1984.

expectations and standards, and impose a stern punishment upon anyone who offends in that manner. In your case, your offending being the murder of Malachi.

[6] Michaela, the sentence I impose upon…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading R v Barriball

Details

AGLC: R v Barriball [2022] NZHC 1555
Case: [2022] NZHC 1555
Decision Date: 30 June 2022

CaseChat Overview and Summary

In the High Court of New Zealand Rotorua Registry, Michaela Barriball was sentenced for the murder of Malachi Rain Subecz, a five-year-old boy. She also faced charges of injuring with intent to injure and ill-treatment of a child. Sharron Barriball, Michaela's sister, was charged with attempting to prevent the course of justice. The court considered the aggravating and mitigating factors of the case, including the vulnerability of the victim, the abuse of a position of trust, and the personal circumstances of the offenders. The court imposed a sentence of life imprisonment for Michaela, with a minimum period of imprisonment of 17 years, and a sentence of six months' home detention for Sharron. The court also imposed concurrent sentences for the other charges against Michaela, totalling seven years' imprisonment. The case highlights the importance of holding individuals accountable for their actions, especially in cases involving the abuse and neglect of vulnerable children.

Orders