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R v MacDonald [2018] NZDC 1314

Published 24 August 2018

Neglect of a child — assault of a child — injuring a child with reckless disregard for safety — assault with a weapon — child abuse — sentenced — M and Z v R [2017] NZCA 274 — Nuku v R [2012] NZCA 584 — R v Taueki [2005] 3 NZLR 372 (CA). The defendant was the step-father of the victim. He was sentenced on eight charges relating to his treatment of her, namely charges of neglect, assault on a child, injuring her with reckless disregard and four charges of assault with a weapon. The defendant verbally, emotionally and physically abused the victim. The abuse included name calling, breaking things that were precious to the victim, striking her feet with a meat tenderizer, forcing her to eat hot sauce as a punishment and occasionally depriving her of food. The court identified the relevant factors as being the use of weapons, the physical, psychological and emotional harm suffered, the nature, duration and regularity of the abuse, vulnerability of the young victim, extreme abuse of trust, elements of cruelty and torture, and the fact that the defendant had the victim lie to authorities to conceal the offending. Mitigating factors were considered to be the defendant's lack of previous conviction and taking steps to rehabilitate. The defendant was sentenced to a total term of imprisonment of three years and three months. Judgment Date: 26 January 2018. * * * Note: names have been changed to comply with legal requirements. * * *