Sunday, 10 December 2023
KaitaiaWhangareiDargavilleAucklandThamesTaurangaHamiltonWhakataneRotoruaTokoroaTe KuitiTaumarunuiTaupoGisborneNew PlymouthNapierHastingsDannevirkeWhanganuiPalmerston NorthLevinParaparaumuMastertonWellingtonMotuekaNelsonBlenheimWestportReeftonKaikouraGreymouthHokitikaChristchurchAshburtonTimaruWanakaOamaruQueenstownDunedinGoreInvercargill
NZ HeraldThe Northern AdvocateThe Northland AgeThe AucklanderWaikato HeraldBay Of Plenty TimesRotorua Daily PostHawke's Bay TodayWhanganui ChronicleThe Stratford PressManawatu GuardianKapiti NewsHorowhenua ChronicleTe Awamutu CourierVivaEat WellOneRoofDRIVEN Car GuideThe CountryPhoto SalesiHeart RadioRestaurant Hub
Voyager 2023 media awards
Subscribe
Advertisement
Advertise with NZME.
Home / New Zealand / Crime

Susan Mouat appeals sentence for pushing husband Bruce Mouat to his death

NZ Herald
27 Nov, 2017 12:20 AM3 mins to read
Saveshare

Share this article

facebookcopy linktwitterlinkedinredditemail
Susan Mouat pleaded guilty to manslaughter last month for pushing her husband down a set of stairs. Photo/file

Susan Mouat pleaded guilty to manslaughter last month for pushing her husband down a set of stairs. Photo/file

A woman who admitted manslaughter after pushing her husband to his death is appealing her sentence of home detention, asking instead for a community detention sentence.

Susan Elizabeth Mouat was sentenced to 11 months home detention last month, having having pleaded guilty on the first day of her September trial to killing her husband Bruce Mouat.

Bruce Mouat suffered critical head injuries after falling down a set of steps outside the Hawera home he shared with her in July 2011 and later died in hospital.

Susan Mouat repeatedly told detectives Bruce Mouat had come home drunk and she was in bed when she heard him fall outside. A police investigation was closed without charges being laid, and a coroner ruled his fall was accidental.

Advertisement
Advertise with NZME.

But suspicious friends and family held on to a belief Susan Mouat wasn't telling the truth about that night, reporting to police she had made a number of admissions that suggested she was involved in his death, including an alleged comment to her sister-in-law at Bruce Mouat's funeral: "How does it feel to hug a murderer?"

Susan Mouat admitted to police in October last year she pushed her husband to get him to leave the house, and that caused the fatal fall.

In the Court of Appeal in Wellington this afternoon, Susan Mouat's lawyer, Russell Fairbrother QC, said she had been pushing him so she could close the door and return the house to "peace and quietness".

He said Susan Mouat was an alcoholic and had been two or three years sober at that point, and was under the impression her husband was too when he came home drunk that night.

Advertisement
Advertise with NZME.

Fairbrother said the appeal was on the basis that the starting point for sentencing was too high.

"This wasn't a case were you could assess a starting point by looking at comparative cases. Really, one has to, with respect, look at the actual fault of the appellant on this occasion.

"My argument is the push itself could be regarded as relatively benign . . . the push, along with intoxication, has the element of danger which warranted a manslaughter charge."

He said both parties were in a familiar and "non-hostile" environment and that it was unfortunate Bruce Mouat had fallen on to concrete rather than the grass nearby.

Susan Mouat's fault was in not factoring in her husband's intoxication when she pushed him.

Fairbrother asked that a sentence of community detention be imposed instead.

Crown lawyer Charlotte Brook said an error of law needed to be established to allow an appeal, and while the sentencing was a difficult one, it could not be said that the judge made an error.

She said the pair had argued inside the house - during which time Bruce Mouat fell over a chair - and the push was one to deny re-entry to the house after he had agreed to leave.

Susan Mouat could have been "under no illusion" as to her husband's level of intoxication.

She said the sentencing judge correctly assessed Susan Mouat's culpability, and the starting point was "unimpeachable".

Advertisement
Advertise with NZME.

The sentencing judge had found a term of community detention would not be enough to deal with Susan Mouat's rehabilitative needs. She had admitted to a probation officer that she had started drinking again.

The judges reserved their decision.

Saveshare

Share this article

facebookcopy linktwitterlinkedinredditemail
Advertisement
Advertise with NZME.

Latest from New Zealand

New Zealand

Fires exacerbated by strong winds have been largely extingushed

10 Dec 12:59 AM
New Zealand

Watch: Salt and squeals as Girls' High leavers sprint into the sea in uniform

10 Dec 12:10 AM
New Zealand

Christmas Day weather: Fine, hot days likely

09 Dec 11:54 PM
New ZealandUpdated

Police find driver in fatal hit and run on Auckland's North Shore

09 Dec 11:50 PM

“Never been a better time to buy an EV”

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Fires exacerbated by strong winds have been largely extingushed

Fires exacerbated by strong winds have been largely extingushed

10 Dec 12:59 AM

Fire and Emergency battled three fires at Selwyn, Central Otago and Southland last night.

Watch: Salt and squeals as Girls' High leavers sprint into the sea in uniform

Watch: Salt and squeals as Girls' High leavers sprint into the sea in uniform

10 Dec 12:10 AM
Christmas Day weather: Fine, hot days likely

Christmas Day weather: Fine, hot days likely

09 Dec 11:54 PM
Police find driver in fatal hit and run on Auckland's North Shore

Police find driver in fatal hit and run on Auckland's North Shore

09 Dec 11:50 PM
9 big questions over an EV road trip
sponsored

9 big questions over an EV road trip

About NZMEHelp & SupportContact UsSubscribe to NZ HeraldHouse Rules
Manage Your Print SubscriptionNZ Herald E-EditionAdvertise with NZMEBook Your AdPrivacy Policy
Terms of UseCompetition Terms & ConditionsSubscriptions Terms & Conditions
© Copyright 2023 NZME Publishing Limited
TOP