R v Sialeipata - [2021] NZHC 301

IN THE HIGH COURT OF NEW ZEALAND WHANGAREI REGISTRY

I TE KŌTI MATUA O AOTEAROA WHANGĀREI-TERENGA-PARĀOA ROHE

CRI 2019-088-002642

[2021] NZHC 301

THE QUEEN

v

OSANA SIALEIPATA

Hearing: 9-12 and 15-17 February 2021

Appearances:

M B Smith and C Taylor for the Crown W McKean and N Dore for the Defendant

Verdicts and Reasons:

26 February 2021

Reissued:

12 August 2021

REASONS FOR VERDICTS OF VAN BOHEMEN J

This judgment was delivered by me on 26 February 2021 and
re-delivered by me on 12 August 2021 in accordance with Criminal Procedure Rules 2012, r 1.6.

Solicitors/Counsel:
Crown Solicitor, Whangarei
Webb Ross McNab Kilpatrick Limited, Whangarei

R v SIALEIPATA [2021] NZHC 301 [26 February 2021]

Introduction

[1] Osana Sialeipata faced six charges following the death of her five-month old child, Hezekiah Carpenter, on 22 August 2019:

Charge 1: Assault with a weapon,1 namely that Ms Sialeipata hit Hezekiah with a shower head on 22 August 2019.

Charge 2:Ill-treatment or neglect of a child,2 namely that between 13 June 2019 and 21 August 2019 Ms Sialeipata intentionally engaged in conduct likely to cause suffering or injury to Hezekiah, being conduct which was a major departure from the standard of care to be expected of a reasonable person.

Particulars: Physical ill-treatment.

Charge 3:Ill-treatment or neglect of a child,3 namely that between 13 June 2019 and 21 August 2019 Ms Sialeipata intentionally engaged in conduct likely to cause suffering or injury to Hezekiah, being conduct which was a major departure from the standard of care to be expected of a reasonable person.

Particulars: Conduct which impeded Hezekiah’s breathing.

Charge 4:Administering class C controlled drug to a person under 18 years of age,4 namely that Ms Sialeipata administered cannabis to Hezekiah.

Charge 5:Ill-treatment or neglect of a child,5 namely that between 13 June 2019 and 21 August 2019 Ms Sialeipata intentionally engaged in conduct likely to cause suffering or injury to Hezekiah, being conduct which

1      Crimes Act 1961, s 202C.
2      Crimes Act, s 195.
3      Crimes Act, s 195.
4      Misuse of Drugs Act 1975, s 6(1)(d).
5      Crimes Act, s 195.

was a major departure from the standard of care to be expected of a reasonable person.

Particulars: Giving Hezekiah alcohol.

Charge 6:Ill-treatment or neglect of a child,6 namely that between 13 June 2019 and 21 August 2019 Ms Sialeipata failed to perform a legal duty, the omission of which was likely to cause suffering or injury to Hezekiah and the omission to perform the legal duty was a major departure from the standard of care to be expected of a reasonable person.

Particulars: Legal duty as a parent to take reasonable steps to protect Hezekiah from injury.7

[2] Ms Sialeipata pleaded not guilty to all the charges. She said that she committed none of the acts alleged in Charges 1 – 5 and that she did not fail in her duty as a parent as alleged in Charge 6.

[3]Ms Sialeipata elected trial by Judge alone.

[4] For the reasons that…

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 Sialeipata

Details

AGLC: R v Sialeipata [2021] NZHC 301
Case: [2021] NZHC 301
Decision Date: 26 February 2021

CaseChat Overview and Summary

In the High Court of New Zealand, the case of R v Sialeipata involved the prosecution of Osana Sialeipata, who faced six charges following the death of her five-month-old child, Hezekiah Carpenter. The charges included assault with a weapon, ill-treatment or neglect of a child by physical ill-treatment, administering a class C controlled drug to a person under 18 years of age, ill-treatment or neglect of a child by impeding breathing, ill-treatment or neglect of a child by giving Hezekiah alcohol, and failing to perform a legal duty as a parent to take reasonable steps to protect Hezekiah from injury. Sialeipata pleaded not guilty to all charges.

The court found Sialeipata guilty of Charges 1 (assault with a weapon) and 6 (ill-treatment or neglect of a child by failing to perform a legal duty as a parent to take reasonable steps to protect Hezekiah from injury). The court found her not guilty of Charges 2 to 5. The court's reasoning was based on the evidence presented, including the medical evidence of injuries to Hezekiah, the police interviews with Sialeipata, and the testimonies of other witnesses. The court concluded that Sialeipata had indeed hit Hezekiah with the shower head, but there was insufficient evidence to prove she was responsible for the other alleged ill-treatments. The court also found that Sialeipata failed to protect Hezekiah from further injury, as she did not seek medical assistance or remove him from the situation despite being aware of the significant injuries he had suffered.

The final orders of the court were that Sialeipata was found guilty of Charges 1 and 6 and not guilty of Charges 2 to 5. The court did not seek a verdict on Charge 6 if all the other charges were found proved, as Sialeipata was not guilty on Charges 2 to 5.

Orders