R v Herewini

[2014] NZHC 1801

IN THE HIGH COURT OF NEW ZEALAND WANGANUI REGISTRY

CRI 2013-083-515 [2014] NZHC 1801

THE QUEEN

v

CLAUDINE MICHELLE HEREWINI

Hearing:	1 August 2014
Counsel:	L C Rowe for Crown D M Goodlet for Defendant
Minute:	1 August 2014

SENTENCE OF RONALD YOUNG J

[1]      Ms Herewini you have pleaded guilty to manslaughter of your nine year old child following an accepted sentence indication.   For many years you have been prescribed pain relief medication including methadone, dehydrocodeine and zopiclone.  This is serious pain relief and you know that it should not be shared with others and it certainly should not be given to children.

[2]      You  are the  mother of  four  children  including Antony.    On  4 December Antony returned home complaining of a sore stomach.  You were also at home.  You had been consuming prescription medication and you were intoxicated. You decided to give some medication to him for his sore stomach.   You gave him methadone,

some zopiclone and some codeine.

R v HEREWINI [2014] NZHC 1801 [1 August 2014]

[3]      At about 11 o’clock that evening Antony made a 111 call to the ambulance communication centre.  You were with him but you were too intoxicated to speak coherently.  Antony told the operator that after he had come back from school his mother had given him a pill to calm him down.   Sadly it seems unlikely that that information in turn was passed on to the ambulance staff.

[4]      In any event, eventually an ambulance arrived.  The ambulance officer spoke to Antony and examined him.  They thought no further treatment was required and they left.    Shortly afterwards three friends  of  yours  arrived.   You  and  they all consumed cannabis and alcohol before you went to sleep.  You slept on the mattress in the lounge beside Antony.

[5]      At  about  6  o’clock  in  the  morning  you  woke  and  you  found  Antony unconscious and unresponsive.   Eventually medical assistance was sought.   The ambulance  arrived  and  the  ambulance  staff  commenced  CPR  on  Antony.    But Antony was dead.

[6]      Initially  you  said  Antony  must  have  sneaked  into  your  bedroom  and consumed the pills himself.   But that was untrue.   A post mortem revealed high levels of methadone in Antony’s blood and that with the other drugs had caused his death.

[7]      The probation report records that you claim that you were not using drugs and alcohol but I do not accept that.  There is ample evidence of widespread use of alcohol and drugs by you.  Again your claim to the probation officer that you had a settled routine based on a settled lifestyle when your son died, is also clearly not true.   The evidence is that you were abusing drugs, struggling to cope with your children, involved in a violent relationship and seriously depressed.

[8]      I have read the victim impact reports.  And I want to address those who have written those reports and also your wider family.  The reports speak of the love the family had for Antony. They speak of the worry your family had about your capacity to look after your children at this time and their regret that they did not intervene. They speak of the terrible loss that they have suffered as a result of Antony’s death.

[9]      I acknowledge their victim impact reports and I acknowledge their loss today.

[10]     The Crown say that these factors are aggravating.  The extent of harm is wide spread not only is a young boy dead but the wider family have been terribly affected by this loss.

[11]     They stress that you were in a position of trust with Antony and you abused this trust instead of caring for your child you played a part in his death.  He was a young vulnerable boy they say and it was your job to look after him.

[12]     I take into account your counsel’s written submissions.  She stresses that you intended Antony no harm by giving him the drugs, your intention was to provide medicine to help his stomach ache.   She stresses that you did not intentionally obstruct any of the medical assistance provided but that you were simply too intoxicated to assist at the time.  She also stresses your deep remorse for the death of your son.   The report obtained points to your depression, the fact that you were subject to an abusive relationship by your partner and that these factors all played a part in your actions that day.

[13]     I have read the very thorough report by Dr Short.  I do not intend to provide a summary  of  that  but  I  do  intend  to  direct  that  that  report  be  attached  to  my sentencing remarks.  But what I take out of that report are these things.  That you have a long history of depression and it is clear that you were deeply depressed at the time of your son’s death.  Secondly, that you have a long history of serious drug and alcohol abuse.

[14]     Can I suggest you concentrate, Ms Herewini, on what I am saying to you rather than what others are saying.  You will remember no doubt that we are here for a serious matter.

[15]     The report notes that, as I have said, you have a long history of drug and alcohol abuse.  You abused your prescribed drugs over many years.   Some of the drug dependency arose because of the serious motor accident you had.  But you have abused what has been prescribed and I express my concern your lack of appreciation and acknowledgement of what is obviously a serious drug problem.

[16]     The report says that you do not need treatment under the Mental Health Act but it does say that you are seriously impaired by drugs, both prescription and illegal and alcohol taken on the day of your son’s death.  But the law does not permit me to take into account this in any direct way.

[17]     I am satisfied that your long term depression did play a part in your actions that day and that such depression will add a burden of your sentence. And I intend to reduce your sentence to a modest degree to reflect that.   But I note also that in a number of areas you had been less than accurate in describing your use and abuse of drugs and less than prepared to accept responsibility for your actions.

[18]     This was an extraordinary thing to do to your child.  It is clear that you, as I have said, abused the drugs you were being given.  You knew you were not entitled to use drugs either to help your child or to share them with others.   You acted completely irresponsibly.  You had the responsibility of looking after a young child but  you  could  not  possibly have  carried  out  that  responsibility when  you  were intoxicated with prescription drugs, cannabis and alcohol.   You had been warned specifically by your doctor not to share the medication and about the dangers of overdose but you took no notice.

[19]     You knew it was the height of irresponsibility to give a child methadone, zopiclone and codeine but you did so.  Even after you gave the child those drugs you became so intoxicated you could not care for him.  You may have had a chance at that stage to have saved his life but you were too intoxicated by drugs to do this.  As I have said this is not only grossly irresponsible but you then tried to lie and put the blame on your child.  There is very little about this case to admire in what you have done.

[20]     I have previously said that the appropriate starting place for this offending is six and a half years’ imprisonment and I still think this is the correct starting point.  I deduct  eight  months  from  this  start  sentence  to  reflect  remorse and  depression. There are no other mitigating factors other than your guilty plea.  I deduct the eight months from six years, six months leaving five years, 10 months.  Fifteen per cent for your guilty plea leaving a final sentence of four years and 11 months.  That is the

sentence I sentence you to for the manslaughter of your son.

Ronald Young J

Solicitors:

Armstrong Barton, Crown Solicitors, Wanganui

D M Goodlet, Barrister & Solicitor, Wanganui