| IN THE COURT OF APPEAL OF NEW ZEALAND |
| CA608/2016 [2017] NZCA 574 |
| BETWEEN | BRIAN FRANK TAYLOR |
| AND | THE QUEEN |
| CA636/2016 | |
| BETWEEN | CINDY MELISSA TAYLOR |
| AND | THE QUEEN |
| CA665/2016 | |
| BETWEEN | LUANA ROBERTA TAYLOR |
| AND | THE QUEEN |
| Hearing: | 27 November 2017 |
Court: | Kós P, French and Cooper JJ |
Counsel: | P T Eastwood for B F Taylor |
Judgment: | 14 December 2017 at 12 noon |
JUDGMENT OF THE COURT
The appeals against sentence are dismissed.
____________________________________________________________________
REASONS OF THE COURT
(Given by Kós P)
Ena Dung, a woman of 76 years, died as the result of the most dreadful neglect. At the time of her death she boarded with her daughter, the appellant Cindy Taylor, and the other appellants, Luana and Brian Taylor.[1] Cindy Taylor was directly responsible for Ms Dung’s care.
[1]Luana and Brian Taylor are a married couple. Cindy Taylor is not a blood relative but at some point adopted their surname by deed poll.
The circumstances in which Ms Dung died were described in Wylie J’s sentencing notes:[2]
[12] On 16 January 2015, shortly after 9.00pm, a 111 call was made … to the emergency services. … [T]he operator [was told] Ms Dung had passed away. Ambulance officers attended and Ms Dung’s body was discovered.
[13] The ambulance officers described an extremely strong smell of urine and ammonia when they entered the house which got worse as they approached Ms Dung’s bedroom. They found Ms Dung lying on a green plastic sheet, in her own urine and faeces. She was described as looking like a “scarecrow”. She had skin tears on her arms. She was emaciated, and naked from the waist down. When a police officer used scissors to remove her top, it was noted her clothing had almost fused to her skin through the open sores on her upper body. She had multiple pressure sores and at least one necrotic ulcer on the lower part of her body. There was evidence of arthropod activity along both of her legs.
[14] The photographs of Ms Dung’s body taken at the time, which were produced in evidence at the trial, were harrowing. The police were notified due to the state in which the body was found.
[15] Later post mortem examination revealed that, at some point, at least weeks but perhaps months earlier, Ms Dung had suffered 14 fractures to her ribs and sternum. The cause of those injuries was not clarified at trial and none of [the appellants] were charged with causing them. The medical evidence was that they may have occurred as a result of multiple falls. It was clear that the injuries would have been extremely painful for Ms Dung. They interfered with her breathing. They effectively prevented her from moving. She needed significant assistance but little or no help was given…
Continue reading Taylor v R
Sign in free to access the full text
- AGLC
- Taylor v The Queen [2017] NZCA 574
- Case
- [2017] NZCA 574
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.