A judge has failed to be persuaded from entering a conviction against a woman convicted of two child assault charges on the grounds that she wants to become a trainee teacher.
However, he discharged Monique McKenzie without further penalty when she appeared for sentencing in the Rotorua District Court on Wednesday. Her lawyer, Martin Hine, argued a conviction could make it difficult for her to enrol in university and then register as a teacher.
But Judge Tony Snell said a conviction wouldn't make it impossible for McKenzie to apply to become a registered teacher and he had to weigh up the gravity of her offending, which had included throwing a pot of hot mince at a child.
Outlining the case, he described how McKenzie had hit one child with a bamboo pole and pulled her hair until some came away from her scalp. She had tossed the mince at another because the child had knocked her arm. She had also punched the child five times with a closed fist.
Judge Snell said the first child suffered welts on her backside and the second a burnt thumb and sore shoulder.
He said he accepted McKenzie had been under a great deal of stress at the time after a failed relationship that saw her move to Rotorua and go on a benefit after 20 years of gainful employment.
He noted the children's victim impact statements said although they were sad and depressed about what happened to them and felt insecure and stupid because of it, they wanted McKenzie to get help.
He said she was already doing that through a restorative justice programme and counselling.