A woman convicted of inflicting head injuries to her then
three-year-old son has been told he is likely to need care
for the rest of his life.
Itupa Julie Mikaio, 40, was today sentenced to a total of
five years' jail on three charges relating to incidents in
Auckland in June last year.
In September, a High Court jury found Mikaio guilty of
wounding son Benjamin with intent to injure and neglecting to
provide him with the necessaries of life by delaying getting
medical treatment.
Mikaio admitted the third charge she was sentenced on --
injuring with intent.
That count related to an assault on Benjamin three days
earlier, when he was struck on the body with a shoe and left
with broken bones.
Justice Forrest Miller said the head injuries the boy
received in the later incident had left him with bleak
prospects of leading a normal life.
He noted a paediatrician's evidence at trial that it was
doubtful Benjamin, who now had difficulty walking and talking
and needed to wear a skull cap when he went outside, would
have independence as an adult.
Justice Miller said Mikaio had shown remorse and contrition,
had no previous convictions and was considered to be at a low
risk of offending.
He also accepted that Mikaio was under stress at the time
through being pregnant and having four other children as well
as Benjamin to look after.
However, serious violence had been involved, the attacks had
been prolonged and Benjamin had been vulnerable.
The judge said Mikaio had also sought to excuse herself "by
advancing the fanciful notion" that the head injuries were
the result of an accident.
Mikaio was charged after Benjamin was taken to Starship
Hospital unconscious.
During the trial, the court was told that Benjamin was
brought up by his paternal grandmother in Samoa between 2004
and 2007, when he went to live with Mikaio in Auckland.
However, mother and child had trouble bonding, and Mikaio
found Benjamin troublesome and was also upset by his
bedwetting.
The cause of the assault in which Benjamin received his head
injuries was apparently because he had wet his bed again.
After that attack, Benjamin collapsed and Mikaio, who covered
him with blankets and prayed for him, waited five hours
before seeking help from a Samoan faith healer, who told her
to get an ambulance.
Justice Miller said Benjamin had nearly died from internal
bleeding and he drew the inference that the damage to his
brain could have been materially reduced if an ambulance had
been called earlier.
The defence had argued that Mikaio was not aware of how
serious the injuries were.
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