Published 12 December 2018
Injures with intent to injure — elder abuse — sentencing — dementia — R v Nuku [2016] NZHC 254 — R v Koloi CA 447-03 The defendant was charged with injuring with intent to injure. The victim was unable to give evidence due to her dementia. However, the victim's daughter was able to give evidence in the course of the trial. The offending occurred when the victim had become difficult and noncompliant and the defendant lost her temper with her, grabbed her, shook her and then punched her in the forehead. Aggravating features include the extent of violence, and the extent of the harm. There was significant bruising to the victim's forehead and this was considered in the context of a victim who was very elderly, frail and suffering from dementia. Thirdly, this was an attack to the head. Fourthly, the victim was vulnerable and the defendant had abused her position of trust, and fifth, the defendant attempted to cover up the offending. The defendant was sentenced to six months' home detention and ordered to pay $2000 reparation to the victim. Judgment Date: 14 February 2018
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