R v Topp

Case [2024] NZHC 1958 16 July 2024

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ORDER PROHIBITING PUBLICATION OF NAME, ADDRESS, OCCUPATION OR IDENTIFYING PARTICULARS OF BABY H’S MOTHER AND ANY IDENTIFYING PARTICULARS OF BABY H PURSUANT TO S 202 CRIMINAL PROCEDURE ACT 2011. SEE

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

I TE KŌTI MATUA O AOTEAROA ŌTAUTAHI ROHE

CRI-2022-009-641

[2024] NZHC 1958

THE KING

v

MICHAEL JOHN TOPP

Hearing: 16 July 2024

Appearances:

D L Elsmore and C E Martyn for Crown

P J Shamy KC, S A Saunderson-Warner and D M Kirby for Defendant

Sentencing:

16 July 2024

SENTENCE OF HINTON J

Solicitors / Counsel:
Ms D L Elsmore and Ms C E Martyn, Raymond Donnelly & Co, Office of the Crown Solicitor, Christchurch
Mr P J Shamy KC, Barrister, Christchurch
Ms S A Saunderson-Warner, Barrister, Dunedin Mr D M Kirby, Barrister, Christchurch

R v TOPP [2024] NZHC 1958 [16 July 2024]

[1] Mr Topp, you were found guilty at trial of the murder of your three-month-old daughter, Baby H. You were also found guilty of a representative charge of causing Baby H grievous bodily harm with intent to cause grievous bodily harm and one charge of causing Baby H grievous bodily harm with intent to cause injury. My task today is to sentence you for those crimes.

[2] First, I want to acknowledge the presence of Baby H’s mother, Ms F, and other whānau and friends in the room today. Losing Baby H in these tragic circumstances is truly devastating. I commence my remarks this morning by extending the utmost sympathy of the Court to Ms F and Baby H’s family, for their loss. I realise that nothing I can do today will come close to compensating for her death.

[3] Whenever a young child dies, and particularly in circumstances such as this, not only does the immediate family grieve, but the whole community grieves with them. There are too many deaths like this one. 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. It is a tragedy that Baby H’s life was taken from her by her own father, a person directly responsible for her care and protection.

[4]I turn to the sentencing now.

Facts

[5] First, I will set out the facts as I find them to be based on the evidence given at trial and the jury’s verdicts. While I recognise that this will be painful for Ms F and the other victims here today, it is necessary for me to briefly record the circumstances of your offending Mr Topp.

[6] Baby H was born on 2 October 2021. During her life she was cared for mainly by Ms F. You would help occasionally with her care.

[7] On 30 December 2021 Ms F spent the night up looking after Baby H who was unsettled. The next morning, on 31 December 2021, she went to bed to get some rest.

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 Topp

Details

AGLC: R v Topp [2024] NZHC 1958
Case: [2024] NZHC 1958
Decision Date: 16 July 2024

CaseChat Overview and Summary

Michael John Topp was convicted of murdering his three-month-old daughter, Baby H, and inflicting grievous bodily harm with intent upon her. The case involved a tragic sequence of events where Baby H suffered fatal injuries from blunt force trauma to her head, leading to her death. The High Court of New Zealand, Christchurch Registry, presided over the sentencing of Topp, presided over by Hinton J. The court acknowledged the devastating impact of Baby H’s death on her mother, Ms F, and the wider family, extending profound sympathy to them. The court considered the purposes and principles of sentencing, particularly holding Topp accountable for his actions and denouncing his conduct. It also took into account the aggravating factors, such as the vulnerability of the victim and the repeated nature of the assaults, as well as the mitigating factors, including Topp’s stress and mental health issues at the time of the offence.

The court determined that a minimum period of imprisonment of 17 years was appropriate, balancing the gravity of the offence against Topp’s personal circumstances. Despite the mitigating factors, the court found that the statutory minimum period was not manifestly unjust. Consequently, Topp was sentenced to life imprisonment with a minimum term of 17 years for the murder, two years for causing grievous bodily harm with intent, and one year for causing grievous bodily harm with intent to cause injury, with all sentences to be served concurrently.

Orders