Troy Kevin Taylor, who “snapped from frustration” and caused fatal injuries to a toddler, has been jailed for life with a non-parole term of 17 years.
Justice Cameron Mander said at Taylor’s sentencing in the High Court at Christchurch that the violence had arisen from his sudden rage. “It is likely you snapped from frustration at being unable to settle Ihaka,” he said.
Trying to blame the child’s mother for the fatal injuries to 15-month-old Ihaka Paora Braxton Stokes as part of his defence at the trial in March “demonstrates a certain callousness”, the judge told Taylor.
He accepted that there may have been some link between the violence and Taylor’s on-going issues with concussion.
There was growing community concern about the number of deaths of children at the hands of family members. “Children have a right to be safe in their own homes, and denunciation and deterrence are important considerations,” he told Taylor.
The judge noted that the boy’s family had demonstrated “remarkable forebearance” towards Taylor, with the statements they had read at court as the sentencing began. Taylor was the partner of the boy’s mother at the time of the death.
The Crown accepted that Taylor’s killing of the toddler he loved arose from a “momentary loss of temper”.
Crown prosecutor Mark Zarifeh told the court that it was accepted that the death of 15-month old Ihaka Paora Braxton Stokes did not arise from an intentional killing.
“That unfortunately is the case in a lot of this kind of killings,” he said.
Taylor, a roofer from Redwood, was found guilty of the assault and murder on successive dates in July 2015, at a nine-day jury trial in the High Court at Christchurch, which ended on March 30.
Crown prosecutor Mark Zarifeh detailed the recent injuries found on Ihaka’s body: head injuries causing brain swelling, scapula fracture, broken jaw, and significant facial bruising. The victim was vulnerable because of his age.
Defence counsel Phil Shamy said the offending by Taylor was out of character. He had adored Ihaka and the child’s mother, Mikala Stokes. He acknowledged the pain suffered by the family, and the enormity of this type of crime, but he asked Justice Cameron Mander to stop short of imposing the full 17-year non-parole sentence as part of the life term available for this conviction.
He said Taylor maintained his innocence, but he asked the judge to take into consideration the effects that repeated concussions had had on Taylor.
Ihaka’s mother, Mikala Stokes, spoke in Maori at the start of her victim impact statement. She had been in a relationship with Taylor at the time and said that in two weeks she had “lost both my best friends”. The process, including being interviewed, had been “overwhelming”, she said.
Paul Stokes, Ihaka’s grandfather, said had had a good relationship with Taylor, who had been a doting father figure and a good mate to Ihaka. Mr Stokes said he now struggled every day and had not had a decent night’s sleep since his grandson’s death. He would wake in the night thinking about what had happened.
He told the court: “No matter what happens today, nothing will bring Ihaka back, but he will always be in our heart and our spirit.”
Ihaka’s grandmother said nothing would ever be the same after Ihaka’s death. She spoke of singing to him in hospital, on the night of his death. “I loved Ihaka and this has destroyed me and my family,” she said.
Justice Mander said the jury had rejected Taylor’s explanation that Ihaka had been injured on the first day when Taylor became dizzy because of his concussions and dropped him in the lounge. It also rejected his claim at trial blaming Mikala Stokes for the injuries on the night of the child’s death.
The judge said Ihaka had been found lying unconscious and unresponsive in his cot and had suffered grievous injuries as a result of deliberate force inflicted by Taylor.
He decided to impose a life term, with a minimum term of 17 years before Taylor can apply for release on parole.
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