Judge moved by baby's death

A district court judge yesterday said events surrounding the death of an 18-day-old baby were the saddest he had ever heard.

Rotorua farmhand Leanne Elizabeth Marshall, 30, was driving a van on State Highway 2 near Matata on October 27. Her husband, five sons and 18-day-old baby daughter were passengers. The infant was not restrained.

Marshall, who was fatigued, fell asleep at the steering wheel, and woke as the vehicle veered to the left. She overcorrected and lost control.

The van spun and rolled, throwing her baby from the vehicle.

The infant later died from injuries suffered in the accident.

When police spoke to Marshall she admitted she did not have a driver's licence as she usually relied on her husband to drive.

She appeared for sentencing in the Rotorua District Court yesterday, having earlier admitted a charge of careless driving causing death.

Judge Phillip Cooper disqualified her from driving for 12 months and said it would be inappropriate to impose a harsher sentence because of the grief she had already suffered.

Judge Cooper said the case was the saddest he had ever heard.

"This is one of those absolute tragic situations where the court processes are inadequate to cope with the consequences," he said.

"I can't impose any sentence that can punish you more than you are punishing yourself at the moment."

Marshall's lawyer, Paula Hayman-Halton, said her client offered to drive on the day of the accident because she knew her husband was tired.

The baby, Jenna-Rose, had been unsettled during the journey and Marshall had stopped to breastfeed her.

Afterwards, the child was not belted into her infant car seat.

Ms Hayman-Halton said her client received grief counselling after the accident but, at times, struggled to cope.

"She has had horrendous thoughts about her ability to cope with life but she accepts full responsibility and is moving on with tremendous support from her whanau."

- DAILY POST (ROTORUA)