Young Gisborne mother has 'disproportionately severe' sentence slashed on appeal

Gisborne mother Rahia Brown jailed over fraud, burglary and violence charges has "disproportionately severe" sentence slashed on appeal.

A young Gisborne mother jailed over fraud, burglary and violence charges has had her "disproportionately severe" sentence slashed on appeal.

Rahia Brown, 23, had solo care of her three children - aged 2, 3, and 6 - when she was remanded in custody in January after being charged with some violent offending while on bail for other crimes.

She'd gone to her ex-partner's house and demanded money and a speaker.

The Gisborne District Court was told Brown became angry, picked up a fence post and threw it at her ex-partner.

When his aunt intervened, Brown punched her twice in the face.

"I'll be back to burn your house, I don't care if you got kids," Brown said as she left the property.

Being taken into custody the next day meant that she lost her tenancy of the house where she and her children lived.

She was sentenced on May 19 on various assault and intimidation charges arising out of her visit to her ex-partner, as well as an earlier burglary, some fraud charges, and impersonating a police officer.

Brown was jailed for 19 months, with the judge giving leave to apply for home detention should a suitable address become available.

The sentence was appealed to the High Court at Gisborne, with her lawyer arguing that the starting point of imprisonment was manifestly excessive, and did not factor in the potential for rehabilitation and hardship.

Justice Susan Thomas said hardship was the main issue, with Brown having to serve her sentence at Auckland Region Women's Corrections Facility, seven and a half hours away from her children.

"It is unlikely she will see them at all during her time in prison. Even telephone contact will be extremely limited," the judge said.

But it was Brown's personal circumstances that led the judge to conclude the sentence was disproportionately severe on her.

She has a limited criminal history, and through no fault of hers, neither home detention nor community detention is possible, with her mother's address where her children now live not being considered for home detention due to its distance from a police station and lack of cellphone coverage.

"There is nothing to suggest there were any problems with Ms Brown's care of her three children and her letter to the sentencing Judge spoke of her heartbreak and hurt at being apart from them. The impact on the three children must be significant," said Justice Thomas in ruling the sentence of 19 months' jail being disproportionately severe.

The sentence was quashed and replaced by a sentence of 14 month's imprisonment, with special release conditions for Brown to attend alcohol, drug treatment, and anger management counselling.