The name of a North Otago woman who poisoned her son while he was in hospital fighting for his life has been permanently suppressed.
The woman was sentenced to 11 months’ home detention by the High Court at Auckland in August but that has since been appealed by the Crown, which will argue a term of imprisonment should have been imposed.
Prosecutors, however, did not oppose the defendant’s identity being suppressed and a ruling this week by Justice Sally Fitzgerald confirmed the order.
The poisoned boy’s father, who now has day-to-day care of his son, has been vocal in his opposition to suppression.
He did not consider there was a strong likelihood of his son being identified should the mother’s name be published, since they have different surnames, and he argued that in any event the boy was too young to be aware of such issues.
Justice Fitzgerald said she had to consider the fact the victim had automatic suppression because he was under 18.
She was concerned that the case, because of its unusual nature, might continue to attract media and social-media attention.
‘‘[The victim] is too young to understand what [his mother] did to him and to be upset at the connection between him and his mother being publicly known.
‘‘That may well be the case now, but I am conscious of what the position may be in the future, particularly as [he] advances into, for instance, his early teenage years.’’ the judge said.
‘‘Knowledge amongst his peers, for example, of what his mother did to him when he was a young child could potentially be deployed against him in a cruel and upsetting way.’’
The defendant was suffering from factitious disorder imposed on another (formerly known as Munchausen syndrome by proxy) at the time of offending, the court heard at sentencing.
In August 2019, the boy was in Dunedin Hospital and had been cleared for discharge when the poisoning started.
Over a short period, the mother secretly administered antidepressants and eye drops, actions she took after numerous internet searches of the consequences.
The boy was later airlifted to Starship Children’s Hospital in Auckland where he was put in an induced coma.
The mother continued the use of harmful chemicals on her son until her crimes were uncovered through toxicology results.
Defence counsel Julie-Anne Kincade told the Otago Daily Times her client was focused on undertaking treatment for her issues, something which would not happen should she end up in prison.
A date for the Court of Appeal hearing has not yet been set.
