By ANGELA GREGORY
A High Court judge says sentencing for child killers is "out of kilter" with the lengthy prison terms handed down to rapists.
In the High Court at Auckland yesterday, Justice John Priestley questioned whether sentencing levels for child homicide realistically reflected society's anger about it.
The recently appointed judge said the public interest in deterrence for disgraceful child abuse must be supported in sentencing levels.
Comparing the jail terms for child killing with much longer sentences for rape, he said sentencing levels "seem to have got out of kilter."
"We have probably reached the time in New Zealand when public interest requires a substantial lift in sentences where people kill children in acts of ... senseless abuse."
Justice Priestley said the system did not permit sentences to be handed out on personal whims.
Regard must be had for sentences in comparable cases and guidelines set by the Court of Appeal, with which responsibility for shifting sentencing policy properly rested.
Justice Priestley made the comments as he sentenced a woman to six years' jail for the manslaughter of her 5-year-old son.
In a prolonged attack, Sipea Leuta whipped the boy all over his body. He died a few hours later after choking on vomit.
Justice Priestley said it was not the right case for a substantial lift in sentencing. There had been mitigating circumstances, including that Leuta's life would be blighted forever because she knew she had caused her son's death.
The chairman of Children's Agenda, Ian Hassall, said he was pleased a judge had turned his mind to sentencing discrepancies between child and adult victims.
There had been a tendency for some time for society to regard children as lesser beings.
Dr Hassall said humans by nature liked to establish hierarchies.
Adults' power over children was one of the last bastions where their need to control and dominate "all in the name of discipline" could still be exercised by force.
A jury recently found a man's assault on an 8-year-old child with kindling was reasonable force. But had he similarly assaulted his wife or dog, he would have been guilty of assault or cruelty to an animal.
Dr Hassall said there was also the "curious offence" of infanticide, where in some cases killing a child incurred a lesser penalty than for killing an adult.
It might be seen as understandable for a woman to kill her baby because she was depressed, but if she killed her husband for similar reasons the case would be considered differently.
"There is a double standard."
Victoria University law lecturer Jonathan Miller said he found Justice Priestley's comments of interest, given that the Queen's Counsel had been a highly regarded family lawyer. "He is perhaps more attuned to the needs for some action in this area."
Family law specialist Mark Henaghan, dean of law at Otago University, said the six-year sentence in the Leuta case could not be justified when compared to that in another high-profile case yesterday.
In the Wellington District Court, the leader of the gang that robbed two Chubb guards of $940,404 in New Zealand's biggest armed robbery, was jailed for 11 years.
Professor Henaghan said the contrast between sentences sent damaging messages to society about the value of a child's life and the value of property.
"Individual life has to be more important than property ... We have to give a strong warning about this.
"Clearly on the face of it there is no doubt that there is no justification for taking a life getting a lesser sentence than stealing property.
"What's the message here? That it's more okay to kill a child than steal some money?"
In December, the Court of Appeal increased a Hamilton mother's jail term for the manslaughter of her daughter by three years, and added nine months to her partner's sentence for cruelty to a child.
The court said the sentencing judge had been far too lenient in sending Belinda Edmonds to jail for five years and Dorothy Tipene for 18 months.
Over five months the girl had been repeatedly bashed, punched, slapped and kicked and she died as a result of prolonged blows to the head.
Justice Minister Phil Goff said at the time that a sentencing review by the Ministry of Justice should address inconsistencies.
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