A Hawke's Bay man who assaulted his baby daughter before she was later found dead has been sentenced to over four years in prison.
Rawiri Sciascia, 28, appeared before Judge Bridget Mackintosh in Hastings District Court today.
Judge Mackintosh spoke of the "psychological, emotional and physical anguish" that the family had been through since the events nearly two years ago.
He had been found guilty in a judge-alone trial of two charges of assault with a weapon by using a cellphone and one charge of causing grievous bodily harm with reckless disregard.
He earlier pleaded guilty to one charge of assaulting a child.
He was not charged with killing the girl, because the injuries were not seen to be the cause of death.
In October 2019, in Porongahau, Central Hawke's Bay, Sciascia assaulted his seven-month-old daughter Hineteaorangi Makari. She was found dead the next morning.
Judge Mackintosh relayed the evidence in the courtroom today.
Hineteaorangi wanted someone to carry her, but Sciascia seemed annoyed. As she lay on the mattress, Sciascia hit her with a cellphone, then she cried more and more.
"After you had gone to bed with her and before the next morning, when you woke up, you used substantial force to cause injury to her head, resulting in the skull fracture ... and haemorrhaging," Judge Mackintosh said.
"She had serious head injuries and it is not those that caused her death that is the subject of this sentencing and I need to make that very clear to everybody who is here.
"Her death was said to be sudden death, with evidence of blunt force trauma and an unsafe sleeping environment."
Judge Mackintosh acknowledged that Sciascia apologised for the charge he pleaded guilty to.
"I think you are also apologising in this for the hurt and disappointment and stress and anxiety that you have caused your whānau in relation to what you have done. You do know that you have to change around your past, you speak of drugs and alcohol and meth... and you want a future without those destructive things in it."
The judge spoke about a victim impact statement written by the maternal grandmother.
"They speak of the torment they felt for the past 625 days, they speak of the nature of the injury, they speak of the psychological, emotional and physical anguish that the whānau has been through.
"They speak of the state of grief, anger, confusion, sadness and frustration for Hineteaorangi, for her mother and the wider whānau. They speak of the loss at how to manage all of these feelings, which has led to bouts of depression, anger, anxiety and fear. They also speak of the difficulty they have of reconciling their own feelings I think, about you and your involvement in all of this.
"I can see your family are absolutely grief-stricken by the loss of Hineteaorangi as well."
Judge Mackintosh sentenced Sciascia to four years and three months in prison.
The Crown said it sought a minimum non-parole period, arguing the significant force to the head of a baby required a sentence which "denounces this conduct and deters others".
"I agree with that but I am mindful that serving this sentence will be difficult, given these circumstances," Judge Mackintosh said.
She gave Sciascia a non-parole period of two years.
Wearing a suit with a waistcoat, Sciascia greeted the judge politely as he walked in. He was largely emotionless throughout the proceedings.
The public gallery was full, with four police officers blocking the doors of the courtroom.
As Sciascia walked back to the cells from the dock, cries of "love you boo" were cried out from the gallery and he responded in kind.
In a statement, detective sergeant Darren Pritchard of Hawke's Bay Police said officers were deeply saddened by Hineteaorangi's death "and the extent of her horrific injuries".
"While nothing will be able to bring Hineteaorangi back, we are hopeful the arrest and prosecution of Sciascia provides some comfort for her loved ones. No child should be the victim of violence, and the horrendous abuse inflicted on children by those who are supposed to protect them is unforgivable.
"If you are a victim of family harm or in a relationship that makes you fearful about your own or anyone else's safety, seek help as soon as possible, you have the right to be safe. You can contact police on 111."
Where to get help:
- Family violence information line | 0800 456 450
- Victim Support - support for men and women victims | 0800 842 846 - 24 hours
- Women's Refuge crisis line | 0800 733 843 - 24 hours
- Elder Abuse Helpline | 0800 32 668 65 - 24 hours
- Gandhi Nivas - supporting men to be free from violence | 0800 426 344
- Hey Bro helpline - supporting men to be free from violence | 0800 HeyBro (439 276)
- Hohou te rongo kahukura - outing violence- building rainbow communities free from violence
- National network of stopping violence | 03 391 0048
- Sensitive Claims ACC| 0800 735 566
- Shine National Helpline| 0508 744 633 - 9am to 11pm
- You, me, us - promoting healthy queer, trans and takatäpui relationships
- Shakti - for migrant and refugee women | 0800 742 584 - 24 hours