After six-month-old Elijah Ngawhika's death, written tributes appeared on Rimu St. Photo / Andrew Warner
Warning: This article contains distressing content
A Rotorua mother who suffocated her six-month-old son in the midst of a depressive episode has been sentenced to 12 months’ home detention at a supportive recovery trust.
During a Covid-19 lockdown in August 2021, a teething and crying Elijah Abraham Ngawhika died as a result of asphyxiation after his mother Melody Ngawhika held his face tightly against her shoulder until he suffocated.
Ngawhika was sentenced in the High Court at Rotorua today by Justice Pheroze Jagose.
At the sentencing, Ngawhika’s lawyer Scott Mills said Ngawhika’s offending was a “one-off”.
“[She was] acting totally out of character. There doesn’t seem to be any dispute at all that normally Ms Ngawhika was a caring mum, a loving mum.”
Mills said the loss of Elijah was felt keenly by Ngawhika.
“She has a life sentence of having to live with what has happened here.”
Mills said the fact that Ngawhika had called the police, confessed and asked to be arrested should factor into Justice Jagose’s assessment of Ngawhika’s remorse.
“She has brought the consequences on herself,” Mills said.
Crown counsel Amanda Gordon said there would be “no winners” as a result of the sentence.
“Regardless of the outcome, Elijah has lost his life.”
Gordon said she acknowledged that the circumstances of Elijah’s death were “tragic” and “desperate” for Ngawhika.
“Because of the issues in Ms Ngawhika’s life, she had little support and people to turn to at the time.”
Gordon recommended a starting point of five years’ imprisonment.
In his comments on sentencing, Justice Jagose told a shaking and tearful Ngawhika that he had read victim impact statements from members of Elijah’s family.
“Elijah’s death has been a source of understandable pain and suffering for them,” Justice Jagose said,
“Elijah appeared to be a blessing of new beginnings and the drive for a better future.”
Justice Jagose also said the evidence provided by family members, medical experts at the trial, the investigating police officer and Elijah’s post-mortem examination showed that Ngawhika had provided her children with “a comfort and stability in marked contrast to [her] own background”.
He told Ngawhika: “But in the weeks leading up to Elijah’s death, you were suffering severe mental illness, a major depressive episode including transitory psychotic episodes of hallucinations and delusional paranoia.
“At the time you killed Elijah it is accepted you were experiencing a marked psychotic episode related to demonology.”
Justice Jagose said the home detention sentence was intended to help Ngawhika continue to make rehabilitative progress by continuing to take part in the programmes available at the trust.
“Your culpability is moderated by your mental illness,” Justice Jagose said.
“Elijah’s death was not the result of a pattern of abuse. It was truly a one-off event.
“It seems plain the psychosis you were experiencing fed into your treatment of [Elijah].”
Justice Jagose said the sentence would begin the following day to give Ngawhika time to return to the trust.
There were embraces and tears in court.
In November, Ngawhika was unanimously found guilty of manslaughter by a jury of 11 after a one-week trial and 10 hours of deliberation.
At that trial, Ngawhika’s lawyer Fraser Wood, advocated for an infanticide verdict, saying his client could not bear full responsibility for the death as she was unwell at the time.
It was accepted by both Crown and defence that Ngawhika was suffering from mental health issues at the time of Elijah’s death.
The defence’s sole witness, Dr Peter Dean, told the jury she suffered from an abusive background and demonstrated signs of psychosis and post-traumatic stress disorder.
Ngawhika told Dean in an interview that she had seen demons and that the Government was tapping her phone.
The Crown’s expert witness, Dr Jeremy Skipworth, reached a similar conclusion, saying it was clear to him Ngawhika had a “disturbed mind” at the time.
While it was clear evidence pointed to Ngawhika being in mental distress, it must be proven that distress was the result of childbirth in order to meet the criteria for infanticide, Gordon told the jury.
Infanticide is defined as the killing of a child by its mother “where at the time of the offence the balance of her mind was disturbed, by reason of her not having fully recovered from the effect of giving birth”.
The infanticide law is 85 years old and has sat unamended on our statutes since it was introduced.
If it is an emergency and you or someone else is at risk, call 111.
For counselling and support
Lifeline: Call 0800 543 354 or text 4357 (HELP)
Suicide Crisis Helpline: Call 0508 828 865 (0508 TAUTOKO)
Need to talk? Call or text 1737
Depression helpline: Call 0800 111 757 or text 4202
For children and young people
Youthline: Call 0800 376 633 or text 234
What’s Up: Call 0800 942 8787 (11am to 11pm) or webchat (11am to 10.30pm)
For help with specific issues
Alcohol and Drug Helpline: Call 0800 787 797
Anxiety Helpline: Call 0800 269 4389 (0800 ANXIETY)
OutLine: Call 0800 688 5463 (0800 OUTLINE) (6pm-9pm)
Safe to talk (sexual harm): Call 0800 044 334 or text 4334
All services are free and available 24/7 unless otherwise specified.
For more information and support, talk to your local doctor, hauora, community mental health team, or counselling service. The Mental Health Foundation has more helplines and service contacts on its website.