R v Sopo - [2024] NZHC 1015
Date of Judgment
30 April 2024
Decision
Summary
Mr Sopo sentenced after being found guilty by a jury on two charges: murder of his eight-month-old daughter; and assault of his daughter on at least one other prior occasion. At the time of offending Mr Sopo was 24 years old. The baby started crying and behaved like she was scared of Mr Sopo which made him angry. He responded by punching her several times in the stomach, including while keeping one hand behind her head while doing so. The medical evidence established that Mr Sopo's punches ruptured the baby's bowel, ultimately leading to inflammation and infection resulting in her death three days later. Mr Sopo did not seek medical attention for her.
Held: Sentence of life imprisonment. Minimum period of 17 years' imprisonment. Presumption of life imprisonment pursuant to s 102 of the Sentencing Act 2002 not manifestly unjust. Presumption not displaced by Mr Sopo's youth. Section 104 is engaged as Mr Sopo's daughter was particularly vulnerable and the murder was committed with a high degree of callous indifference, also shown by Mr Sopo's subsequent failure to obtain medical care for her. Minimum period of imprisonment of 17 years is consistent with comparable cases, having regard to relevant aggravating and mitigating factors. The statutory minimum of 17 years' imprisonment is not manifestly unjust. Concurrent sentence of three months' imprisonment for assault of the baby on another occasion by slapping her.
Held: Sentence of life imprisonment. Minimum period of 17 years' imprisonment. Presumption of life imprisonment pursuant to s 102 of the Sentencing Act 2002 not manifestly unjust. Presumption not displaced by Mr Sopo's youth. Section 104 is engaged as Mr Sopo's daughter was particularly vulnerable and the murder was committed with a high degree of callous indifference, also shown by Mr Sopo's subsequent failure to obtain medical care for her. Minimum period of imprisonment of 17 years is consistent with comparable cases, having regard to relevant aggravating and mitigating factors. The statutory minimum of 17 years' imprisonment is not manifestly unjust. Concurrent sentence of three months' imprisonment for assault of the baby on another occasion by slapping her.