IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2018-092-5223
[2020] NZHC 169
THE QUEEN v
TRACEY JUNE JOHNSON
Hearing: 14 February 2020 Counsel:
MS Williams and JN Xulue for Crown
PL Borich QC and JM Hudson for defendant
Sentenced:
14 February 2020
SENTENCING NOTES OF FITZGERALD J
Solicitors: Kayes Fletcher Walker, Auckland
To:P Borich QC, Auckland J Hudson, Auckland
R v Johnson [2020] NZHC 169 [14 February 2020]
Introduction
[1] Ms Johnson, you appear for sentencing before me today having been found guilty by a jury of the attempted murder of your son.
[2] I wish to say at the outset that the Court fully accepts you love your son very much, and putting aside recent events, that you have always sought to protect and care for him. I would hope that, in time, and with the right support and supervision, you can recommence some contact with him.
[3] I also want to say at the outset that sentencing in a case like this is not easy; the facts are unique; and on any view, it is a tragic case. You clearly had a disturbed mental state at the time of the offending, and it is also clear your mental state was directly causative of the offending. This significantly reduces your moral culpability, and in turn, moderates a number of the sentencing principles I must take into account today, including those of denunciation and deterrence.
[4] I think it is appropriate to convey at the outset that I do not intend to sentence you today to imprisonment. In my view, a sentence of imprisonment would be disproportionate to the nature of your offending and your moral culpability. Rather, at the end of today’s sentencing, I will be sentencing you to a period of home detention.
[5] Despite having told you this already, it is nevertheless important I explain to you, the lawyers here today and the wider community, why I have reached this conclusion. So, Ms Johnson, please bear with me while I work through the reasons for arriving at the sentence that I have just outlined.
Background
[6]I first turn to the factual background to your offending.
[7] When you gave evidence at trial, you described yourself as having been an alcoholic until about 10 years ago, but that you have been sober since that time. At
the time of the offending, you were living in Weymouth with your partner, and, as I will come to discuss, also your son M.1
[8] M is your only child. You were 17 years old when you had him, and he was born some eight weeks premature. He was born with hydrocephalus, which is a build- up of fluid in the brain. He also developed a range of significant intellectual disabilities, and now presents with autism spectrum disorder, Tourette’s syndrome, epilepsy and mutism (that is, he is non-verbal).
[9] It is important to stress that M’s disabilities do not reduce the value…
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