Gisborne mother’s jail sentence reduced on appeal

Gisborne Courthouse. File picture by Rebecca Grunwell

A YOUNG Gisborne mother jailed for fraud, burglary and violence charges has had her “disproportionately severe” sentence reduced on appeal.

Rahia Brown, 23, had solo care of her three children — aged 2, 3, and 6 — when she was remanded in custody in January after being charged with violent offending while on bail for other crimes.

She went to her former partner’s house and demanded money and a speaker.

Gisborne District Court was told Brown became angry, picked up a fence post and threw it at her ex-partner.

When his aunt intervened, Brown punched her twice in the face.

“I’ll be back to burn your house, I don’t care if you got kids,” Brown said as she left the property.

Being taken into custody the next day meant that she lost the tenancy of the house where she and her children lived, the court heard.

She was sentenced on May 19 on various assault and intimidation charges arising out of her visit to her ex-partner, as well as an earlier burglary, fraud charges and impersonating a police officer.

Brown was jailed for 19 months, with the judge granting leave to apply for home detention, should a suitable address become available.

The sentence was appealed to the High Court at Gisborne, with her lawyer arguing that the starting point of imprisonment was manifestly excessive, and did not factor in the potential for rehabilitation and hardship.

Justice Susan Thomas said hardship was the main issue, with Brown having to serve her sentence at Auckland Region Women’s Corrections Facility, 7½ hours away from her children.

“It is unlikely she will see them at all during her time in prison. Even telephone contact will be extremely limited,” the judge said.

But it was Brown’s personal circumstances that led the judge to conclude the sentence was disproportionately severe on her.

She had limited criminal history and through no fault of hers, neither home detention nor community detention was possible, with her mother’s address where her children now live not considered for home detention due to its distance from a police station and lack of cellphone coverage.

“There is nothing to suggest there were any problems with Ms Brown’s care of her three children, and her letter to the sentencing judge spoke of her heartbreak and hurt at being apart from them. The impact on the three children must be significant,” said Justice Thomas in ruling the sentence disproportionately severe.

The 19-month sentence was replaced by a sentence of 14 months imprisonment, with special release conditions for Brown to attend alcohol, drug treatment and anger management counselling. — NZ Herald