McClutchie, convicted of manslaughter after the assault of Casino on January 6, 2022, neglect of a child (Casino) and causing grievous harm with reckless disregard to Casino between December 2021 and January 2022, was jailed for eight years and two months by Justice Andru Isac in the High Court at Gisborne.
Isac said McClutchie rightly described the domestic situation as having no structure or routine.
Both McClutchie and Wharehinga were habitual drug users.
“Immediately prior to your arrest, it appears you were regularly using methamphetamine, cannabis and alcohol.
“You have said that you craved methamphetamine in the same way that people crave food.
“She was entirely dependent on you and her auntie for love, care and protection. Instead, her last weeks were spent in a chaotic and terrifying world she had no ability to protect herself from or to speak out about.”
Casino died at Starship Hospital, Auckland, four days after the assault.
The most likely explanation for her death - from medical evidence - was that McClutchie “gripped Casino around the rib cage with sufficient force to fracture her ribs and then slammed her against something, possibly repeatedly”, said Isac.
Because of the uncertainty of the circumstances of the assault, McClutchie was sentenced on the basis the fatal injuries were likely caused by a single catastrophic act.
Casino suffered bruises and fractures to her ribs as well as blunt force trauma to multiple locations on her head.
At least one of the impacts involved sufficient deceleration to cause subdural bleeding and retinal haemorrhage.
Casino went into respiratory then cardiorespiratory arrest, with subsequent global brain injury involving bleeding extending over the brain and around the spinal cord.
Her liver was likely lacerated during the assault because of the force McClutchie used on her chest.
Later medical investigations show Casino had healing fractures to her ribs and vertebral compression fractures.
The injuries probably occurred within weeks rather than days of her death, according to medical experts.
Isac said he was satisfied these fractures were caused when McClutchie assaulted Casino on December 19, 2021.
“The nature of the injuries, involving - again - compression fractures to the ribs, suggest a similar mode of assault was used.”
Casino suffered a very significant head injury, which caused extensive bruising to her head, neck, shoulder, swelling to her head, and symptoms consistent with concussion.
Isac said McClutchie tried to blame a child for causing Casino’s fatal injuries, and claimed the December injuries were caused by a child pushing over a rock-salt lamp.
“This is a very cowardly thing to have done.
“When your medical expert accepted a child could not have caused Casino’s injuries in the way you claimed, at trial you sought to avoid conviction by blaming Ms Warehinga.”
The charge of neglect of a child relates to McClutchie not obtaining medical treatment for Casino.
“On December 20, 2021, you went as far as to cancel an appointment made for her at the local medical centre,” said Isac.
“Had you or Ms Wharehinga done the right thing at that time, there is every chance Casino would be alive today.
“It is a tragic irony that the long term of imprisonment you now face flows from your decision to hide the cause of Casino’s injuries on that occasion.”
McClutchie has a large number of previous convictions.
“Your background and upbringing, like that of too many young Māori men, is marked by violence, substance abuse and lack of education.
“These are part of the legacy of colonisation.”
McClutchie began drinking regularly and heavily at the age of 13 or 14.
By the age of 16, he was regularly smoking cannabis.
At 18, he suffered a traumatic brain injury from a beating received from a family member.
This left McClutchie with epilepsy.
Around the same time, he began consuming methamphetamine.
Isac said McClutchie had a strong bond with his whānau and culture.
McClutchie had taken sincere steps to address his drug dependency and desired to continue his recovery from drug addiction in prison.
“This is to your credit.
“It indicates to me that you have insight into the profound cost your drug addiction had had for Casino, her whānau, and now you.”
