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A woman convicted of assaulting her children has had her convictions overturned after new evidence. (File photo)
A mother who assaulted her children has had her convictions wiped after new evidence showed she was a victim of abuse herself.
The woman, who cannot be named, admitted four counts of assaulting her children when they misbehaved between 2015 and 2020; hitting them with a shoe, a jandal, and a wooden spoon, sometimes breaking the spoon on their legs or bottom.
She also deliberately tripped one, swung at a child’s face, sunk her nails into one child’s arm, and hit one child trying to defend its sibling, even smacking an infant for wriggling during a nappy change.
The woman had asked to be discharged without conviction at the Blenheim District Court in 2021. She had no previous convictions and good character, and the offending happened in the context of a dysfunctional relationship with the children’s father, which had since ended, and her own mental health struggles.
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But Judge Richard Russell said in 2021 the ongoing offending was serious, the breach of trust “huge”, the victims vulnerable, and the woman initially pleaded not guilty which he interpreted as a lack of remorse.
She was sentenced to three months’ community detention and 12 months’ supervision, with conditions requiring anger management and counselling. She was also granted permanent name suppression, to protect the children and the woman’s mental health.
The woman appealed the convictions and sentence earlier this year, bringing new evidence about her circumstances and impacts of convictions.
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After 11 years of recovery, Christchurch businesswoman Lisa Mead is able to share her experience of domestic abuse. She hopes she can help other people going through similar trauma. (Video first published on July 30, 2021)
A forensic clinical psychologist said the woman showed evidence she had experienced domestic abuse and had post-traumatic stress disorder.
Her counsellor had watched the woman take a call from her partner during a session, saying she saw firsthand the woman’s fear, and heard the man’s “rage and language” which the woman dealt with daily.
The psychologist said the trauma would have made the woman overwhelmed when the children misbehaved. Her own experience of physical discipline could have normalised the behaviour, and she did not know how to manage her reactions, though she was doing courses and getting support even before the charges were laid.
The woman told the Court of Appeal she stayed in the dysfunctional relationship for her children, but ultimately that affected them, and she wished she got help sooner, as she found violence against children abhorrent.
The Court of Appeal rejected the woman’s not guilty pleas as a lack of remorse, since she pleaded guilty once the charges were amended. That made the seriousness low, and the consequences of conviction disproportionate.
The woman had been struggling financially since changing to a career where she did not have to disclose her convictions, and had withdrawn from the community due to anxiety about being found out, and worried about her voluntary work.
The court agreed the “fall from grace” and loss of custody were punishment enough, and discharged her without conviction.
“It is difficult to see how the appellant could have been held to account to any greater extent.”
Where to get help
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1737, Need to talk? Free call or text 1737 to talk to a trained counsellor.
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Anxiety New Zealand 0800 ANXIETY (0800 269 4389)
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Depression.org.nz 0800 111 757 or text 4202
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Lifeline 0800 543 354
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Mental Health Foundation 09 623 4812, click here to access its free resource and information service.
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Rural Support Trust 0800 787 254
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Samaritans 0800 726 666
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Suicide Crisis Helpline 0508 828 865 (0508 TAUTOKO)
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Yellow Brick Road 0800 732 825
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thelowdown.co.nz Web chat, email chat or free text 5626
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What’s Up 0800 942 8787 (for 5 to 18-year-olds). Phone counselling available Monday-Friday, noon-11pm and weekends, 3pm-11pm. Online chat is available 3pm-10pm daily.
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Youthline 0800 376 633, free text 234, email [email protected], or find online chat and other support options here.
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Women’s Refuge 0800 733 843
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Shine Free call 0508 744 633 between 9am and 11pm (for men and women)
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1737, Need to talk? Free call or text 1737 to talk to a trained counsellor.
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Kidsline 0800 54 37 54 for people up to 18 years old. Open 24/7.
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What’s Up 0800 942 8787 (for 5 to 18-year-olds). Phone counselling available Monday-Friday, noon-11pm and weekends, 3pm-11pm. Online chat is available 3pm-10pm daily.
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Youthline 0800 376 633, free text 234, email [email protected], or find online chat and other support options here.
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If you or someone you know is in a dangerous situation click the Shielded icon at the bottom of this website to contact Women’s Refuge in a safe and anonymous way without it being traced in your browser history. If you’re in our app, visit the mobile website here to access Shielded.
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In a life-threatening situation, call 111.
