Attack on mother and child

Press, 24 July 1987, Page 7

Attack on mother and child

A man with a propensity for violence who “mercilessly” beat a boy, aged three, because he cried and then forced the child’s mother to the floor, threatened to kill her and wounded her with a knife, was jailed for 18 months by Mr Justice Holland in the High Court yesterday.

Silipa Talolua, aged 30, unemployed, the mother and child were all in a double bed when the boy began to cry and the offences followed, his Honour was told.

Talolua had pleaded guilty to wounding Catherine Lee Philcox with intent to commit grievous bodily harm and assaulting a child. For the Crown, Mr Mark Zarifeh said that about 2 a.m. on May 27, Mrs Philcox, her son and Talolua were in the same bed at her home. When the child began crying Talolua picked the child up by the arm and dragged him through to his own bedroom. A short time later the child returned to his mother’s bedroom. He was still crying and blood was coming from his mouth. His face was swol-

len and discoloured. Mrs Philcox accused Talolua of assaulting her child and went into the kitchen, where Talolua hit her on the head with a frying pan. After forcing her to the floor he held a serrated breadknife at her throat and told her that he was going to kill her. There was a struggle and Mrs Philcox grabbed hold of the knife as Talolua forced it towards her. She suffered cuts to both hands but managed to bend the blade. When Talolua left the house Mrs Philcox telephoned the police. Both mother and son were taken to the Christchurch Hospital accident and emergency department where Mrs Philcox was treated for cuts to the hands and the child for facial injuries, Mr Zarifeh said.

For Talolua, Mr Mervyn Glue said that his client had a liquor problem, a personality defect, lacked self-control and the ability to manage his anger. His marriage had been a disaster because of his intemperance and his instability. Because of a congenital disease Talolua had lost

an infant son and daughter. After losing his job he had attemped suicide. He had no recollection of this incident. Both offences were serious, particularly the assault on the young child. His de facto wife, Mrs Philcox, wanted to continue the relationship. From 1984 to 1986 Talolua did not drink and was a different person. Asked by his Honour about an assault which occurred during that period and if it involved liquor, Mr Glue said that it arose from a domestic incident and was not the result of liquor.

Talolua was adament that he would never drink again and was prepared to take treatment and counselling.

Mr Glue submitted that a long term of periodic detention would be an appropriate sentence. Talolua had spent 36 days in custody and had learned his lesson, he said.

Mr Justice Holland said that Talolua had a problem with alcohol, had a personality disorder, and was liable to lose his temper easily and resort to violence.

“Your behaviour on this night was intolerabe. Merely because this child was crying and disturbing you, you took him away from the bed and mercilessly beat him,” his Honour said.

“When the child’s mother, quite naturally, remonstrated with you, you hit her violently, took a knife and got her down on the floor, threatened her with the knife and wounded her.”

Talolua was liable to a maximum term of 14 years for the offence involving the mother, and for the one on the child, which he regarded as almost as bad, he was liable for only one year.

Four times previously, Talolua had been convicted of assault and his Honour found it incredible that there should be a recommendation by the probation officer that on Talolua’s fifth occasion for an offence which carried up to 14 years jail there was an expressed hope that a communitybased sentence should be imposed. “The time for that was after your first offence,

not on your fifth and sixth convictions,” his Honour told Talolua.

Undoubtedly Taoloua needed help. The Criminal Justice Act, 1985, had made provision for conditions to be imposed on his release on parole. That was the time when he could have treatment for his alcoholism and counselling for his personality defect.

“This women on whom you used a knife and whose child you beat in this way has apparently a great deal of compassion because I have read the letters and your counsel says that she still wishes to live with you,” his Honour said.

He had sympathy with her wishes but Talolua’s offending was such that it was impossible to impose a community-based sentence.

“People who use knives in the course of assaults must realise that imprisonment is likely to be the appropriate sentence. People who have four previous convictions for assault must regard that as inevitable,” his Honour said.