Manslaughter ‘extremely rare case’

Press, 30 May 1985, Page 18

Manslaughter ‘extremely rare case’

PA Auckland A mother’s instinct to protect her young son caused her to fatally stab a gang member who attempted to commit sodomy on the boy, it was alleged in the High Court at Auckland yesterday. The name of the South Auckland woman, aged 28, and her family was suppressed when she appeared for sentence after pleading guilty to manslaughter. Mr Justice Chilwell said it was “an extremely rare case” where it was appropriate to convict but discharge without sentence, and he so ordered. The Court had heard that while a wedding party was in progress at the home of a relation she had discovered a member of the Mongrel Mob gang attempting to commit the act of sodomy on her son, aged 11, said his Honour. Her reaction was to attack the man and stab him causing wounds from which he died. His Honour said that there was no knowing why the man had acted that way but there was some suspicion from the evidence that it might have been

connected with some “satanistic ritual of the gang." Earlier, counsel for the defendant, Mr Michael Crew, described to the Court how the woman and her relations discovered the child crying and hysterical. “I don’t know where I got the knife from but the next thing I remember is stabbing the guy,” said the defendant. Mr Crew said the instinct of a mother to protect her child was probably primeval and certainly went beyond reason or logic. “It’ is that instinct which is at the heart of this case.” He said the boy had made a statement recording how the dead man, who was large, powerful and a member of a notorious gang, went into his room where he was sleeping while the wedding party was in progress. His clothing was removed and the crime of sodomy was attempted until the child’s relations heard his cries for help. Mr Crew said the law must condemn the action of the boy’s mother, “but anyone in this courtroom can understand her reaction.”