| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA88/2010 [2011] NZCA 479 |
| BETWEEN KAREN ALICE ROBINSON |
| AND THE QUEEN |
| Hearing: 12 September 2011 |
| Court: Randerson, MacKenzie and Asher JJ |
| Counsel: M M Wilkinson-Smith for Appellant |
| Judgment: 22 September 2011 at 11.30 a.m. |
JUDGMENT OF THE COURT
A The appeal against sentence is allowed.
BThe sentence of six years and six months imprisonment is quashed and a sentence of five years and six months is substituted.
___________________________________________________________________
REASONS OF THE COURT
(Given by Randerson J)
Introduction
The appellant was charged with the murder of a 14 month old child in January 2006. She was acquitted of murder but found guilty of manslaughter after trial in the High Court. She was subsequently sentenced by the trial Judge, Stevens J, to six years and six months imprisonment.[1]
[1] R v Robinson HC Rotorua CRI-2007-063-2028, 27 November 2009.
The appellant initially appealed against both conviction and sentence but has since formally abandoned her conviction appeal. The Crown does not oppose an extension of time to appeal the sentence. Leave for that purpose is granted accordingly.
Background facts
We adopt the facts as found by Stevens J for the purpose of sentencing:
[5] ... [M] was the youngest of five children of Mr and Mrs [X]. They agreed to the children being placed in care, for what was to be a temporary placement. You and your husband had been approved as foster parents in September 2002. Between that date and November 2005 you had a number of placements from the Open Home Foundation, the last of whom was [M] and her sister [L]. You lived with your husband and five of your own children at …, a farm property where you and your husband were involved as sharemilkers and managers.
[6] [M] and [L] came to you on 29 November 2009, having previously stayed for one night on 18 November 2009. [M] slept in a cot set up in one of the children’s bedrooms. [L] also slept there. During the day, [M] slept in a portacot set up in your own bedroom.
[7] Prior to [M] staying with you, she had been examined by her local general practitioner in Tauranga, where she received a full medical examination and check-up. No injuries of any significance were noted and she was found to be in good health. On 6 December 2005, she was again examined after complaining of a tummy bug. She was given an external examination and no injuries of any type were noted.
[8] On 4 January 2006, [M] was at your farm with her sister, your five children and yourself. Your husband had left the house to do some maintenance work in the milk shed some distance from the residential property.
[9] At about 5.10pm you telephoned the St John’s ambulance informing the officer that a 14 month old girl had banged her head when falling over and that she was non-responsive. You stated that the fall…
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- AGLC
- Robinson v R [2011] NZCA 479
- Case
- [2011] NZCA 479
- Decision Date
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