A man who broke into the home of an Ashburton family and brutally assaulted a sleeping baby, breaking her eye-sockets before turning on her mother as she tried to protect her defenceless child, has been jailed.
Lenoel Patrick Leef, 31, of Ashburton, was sentenced to three years and eleven months’ jail when he appeared before Judge Joanna Maze in the Timaru District Court on Friday.
He had earlier admitted charges of burglary, wounding with intent to cause grievous bodily harm, assault with intent to injure and aggravated assault in relation to the incident on April 30, 2020.
According to the summary of facts, Leef began acting strangely after consuming alcohol, cannabis and a tab of acid while visiting a friend.
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He went to the kitchen, grabbed a knife, put it to his throat and cut himself, before he left, climbing a fence into a neighbouring property.
There he banged on the backdoor of the house, and shouted “I know you are in there”.
Leef then smashed his way into the house via a glass sliding door, and fell on the floor – landing beside the sleeping four-month-old baby.
He then launched an attack on the baby, punching her in the head and body before her mother came to her aid – attempting to protect her from the unknown intruder by picking her up and trying to run away.
Leef then turned his attention to the mother, grabbing her by the hair and punching her in the face and head – causing her to drop her baby as she was attacked.
When police arrived at the house, they found Leef lying on a bed.
He told an officer, “I’m going to f… you up”, before punching him in the face.
JOHN BISSET/Stuff
Judge Joanna Maze told Lenoel Leef she had discounted his sentence for “his genuine expressions of remorse”. (File photo)
The baby’s injuries included abrasions to top of the scalp, swelling to the right temple and right cheek, and blood in the right ear.
A scan later revealed bilateral fractures of both her eye sockets.
At Friday’s sentencing, Liz Bulger, appearing for Leef, told the court she had submitted a supporting letter from Leef’s sister and a supplementary submission drawing the judge’s attention to the “frank assertions from the defendant” in the pre-sentencing report.
She noted criticism from the Crown regarding Leef’s resumption of the use of cannabis and alcohol, but said her client understood “the importance of getting that under control to avoid any further issues.”
“It is in my submission, of some moment, that he has not attempted in any way to excuse his behaviour,” she said, and noted “the significant effect” the offending had on him.
Bulger said Leef had been assessed as being at low risk of committing any further offences, “subject to that issue with drugs and alcohol”.
She said he was open to a restorative justice process, and a referral had been made, but she had not heard anything more about it.
“I assume inquiries were made but came up short in terms of the victim’s willingness to attend, perhaps unsurprisingly, but the defendant remains open to that occurring, even if it had to be in the prison environment, even after sentencing.”
Judge Maze said she had already taken the report into account, and did not think there was any adjustment she could make.
Crown prosecutor Shawn McManus submitted there was no reason to depart from the sentencing indication provided.
Addressing Leef, Maze said she had given him all the credit she could give for his expressions of remorse, which she accepted as genuine.
But, she said, the pre-sentence report recognised imprisonment “is the only realistic outcome”.
Maze said she considered the offending as “clearly out of character”, and that Leef was not seen as being at high risk of further offending, had no previous convictions for violence, and had complied with his bail considerations.
She sentenced him to three years and 11 months’ imprisonment on the burglary and causing grievous bodily harm charges, and 12 months each for the two assault charges, to be served concurrently. She also issued him a first strike under the three-strikes law.
Maze warned him further convictions of serious violent offences under the Sentencing Act, which would see him serve any future sentences in full without parole or release, and on a third strike, ensure the maximum penalty is handed down.
