Young mother Malia Siloata sentenced to home detention for knife attack on partner

The couple has now agreed to stop fighting in front of their children. Photo / File

A young mother lashed out at her partner and stabbed him with a large kitchen knife when the couple was “on the skids” and arguing in front of their children.

Malia Siloata and the man, with whom she is no longer in a relationship, had been fighting when she grabbed the 40cm knife and plunged it into his chest and finger.

He required hospital treatment and later shared concerns about his children, which were referred to by Judge Robert Spear in the Wellington District Court this week.

“I was thinking about my babies the whole time, we have two children together,” the man had said.

“Over the weekend we spoke about not arguing and fighting in front of the kids. She agreed to this.”

At Siloata’s sentencing, Judge Spear grew frustrated with the 23-year-old and repeatedly told her to pay attention.

She kept her head down for most of the hearing and when she stood to hear her sentence, she repeatedly reached for tissues to wipe her eyes.

Judge Spear had earlier said it was worrying that the dispute played out in front of their children.

“That’s of great concern because your children will now understand that violence seems to be a way to resolve disputes,” he said.

A suggestion that the man was cuddling one of the children when Siloata attacked, was rejected by her lawyer Kevin Preston.

“Putting that aside, it’s clear you have problems and need help,” the judge said.

“How do I deal with you? A mother of 23 years of age. Someone who in my assessment is having a great deal of difficulty coping with life.”

Judge Spear noted there’d been numerous family harm callouts to the police as well as Siloata’s two previous convictions for violence, including one for assaulting the same partner.

“Mr Preston has emphasised this was an abusive relationship, but it was clearly on a mutual basis, you are no stranger to using violence in the course of your relationship,” he told her.

But the judge said there was nothing to suggest the man was being violent other than he was not prepared to leave the home that day.

As a result, Siloata became frustrated and angry and grabbed the knife, with the judge noting the consequences could have been much more severe, even life-threatening.

Judge Spear said he accepted the argument occurred when the relationship was “on the skids” and tensions were high.

“In that environment, it’s clear that poor decisions are made and one of them was made that day by you”, he said.

While a presentence report assessed Siloata as being a low risk of reoffending and recommended a sentence of supervision, Judge Spear disagreed, describing the suggested sentence as “inadequate”.

Instead, he sentenced Siloata to 10 months of home detention, for injuring with intent to injure, and ordered she undertake an assessment for a non-violence programme and any counselling as recommended. She was also ordered to undertake a short rehabilitation programme.

The sentence was also subject to judicial monitoring, which provides the judge with regular updates, something he explained to Siloata.

“If there is a repetition of this violent offending, if you are not doing the courses, if you’re not committing yourself to the sentence of home detention and complying with the conditions of home detention I will hear about it, I’ll have you brought back before me and in all likelihood the sentence of home detention will be cancelled and you will go to prison. Do you understand that? Stand down.”

Catherine Hutton is an Open Justice reporter, based in Wellington. She has worked as a journalist for 20 years, including at the Waikato Times and RNZ. Most recently she was working as a media adviser at the Ministry of Justice.