Jessica Lee Rose Mulford, now 20, was found guilty of manslaughter last year. Photo: RNZ / Natalie Akoorie
Warning: This story discusses domestic violence and harm to children.
A young woman who assaulted her boyfriend's daughter with such force the 2-year-old girl's pancreas split in half has been sentenced to five years and seven months' jail.
Jessica Lee Rose Mulford was 17 when she strangled Harlee-Rose Niven, putting her in hospital in November 2021, and 18 when she either stomped, punched or kicked the little girl so hard in the stomach it caused unsurvivable internal injuries.
The toddler was rushed to Waikato Hospital but surgery couldn't save her and she died on 10 April, 2022.
Mulford pleaded not guilty to murder, blaming Harlee-Rose's dad Dylan Berry for accidentally causing the fatal injuries during a carpet ride at their home.
But a jury found her guilty of manslaughter and injuring with intent to injure at a trial in the High Court at Hamilton in August last year.
Today in the same High Court, Justice Neil Campbell said Mulford's actions caused catastrophic injuries to a vulnerable child whose care Mulford was entrusted with.
Harlee-Rose's mother Paige Niven read her victim impact statement to the court through tears.
She said her daughter's death consumes her with grief and haunts her.
"All I can think about is all the firsts I'll never get the chance to experience with her.
"Hold her hand while we walk to her first day of school. Make her lunches and hear about how she overcame the fear of letting go of my hand that day.
"I'll never get to see her report cards. I'll never get to see her grow up and achieve her goals and dreams."
Harlee-Rose was described as bubbly, brave, funny, independent, beautiful, strong and fearless with an infectious smile.
Niven said her daughter's personality was just beginning to shine through but she'll never get to know her.
"Some days it doesn't feel real. The last time I seen her she had no voice to tell me what was happening. How helpless and scared you made my baby feel."
She described the moment doctors told her Harlee-Rose had died.
"I let out the most painful scream any mother could make. I started begging the doctors to go back and save her. This could not be - my little girl is dead.
"I walked down the dark hallway in fear of what I was about to see. It was Harlee's tiny body on a bed, tucked to a ventilator machine."
Niven said her daughter inspired her and she was lonely and lost without her.
Berry's mother Marianne Tarbuck said she was struggling to cope with the loss of her eldest granddaughter, who she described as her "Blondini".
She said Harlee-Rose - who called her Oma, the Dutch name for Nana because the family were migrants - stole her heart.
"Watching her grow was a blessing. My final memory of her was in the hospital saying goodbye to her lifeless body. My grandbaby Blondini was gone. I felt like I died inside that day."
Niven's mother, Lori Niven, said she was at the birth of her "sweet, innocent" granddaughter and never imagined in her worst nightmare she'd be at her death.
She told Mulford she took a large piece of her heart that day.
"There will be no first days of school photos, no sleepovers, no playing in her fairy garden, or with my dogs - and for what?
"I don't think I'll ever find the peace in my heart to forgive you for what you took from our family..." she told Mulford.
She said Mulford's young age at the time was no excuse.
"You should have just walked away, or sought help."
The court heard Harlee-Rose was conceived and born while Mulford was in a relationship with Berry.
Paige Niven cared for her daughter for the first 18 months of the youngster's life before Berry and Mulford took over full-time care in August 2021.
Mulford was just 17 at the time and Justice Campbell said at times she cared well for Harlee-Rose but it was clear at other times she "struggled to cope with the demands and stresses of caring for a young child at your young age".
"In addition you sometimes expressed frustration and anger at having to care for a child that was not yours."
She and Berry first lived in Tauranga and Pāpāmoa with the support of both their parents before moving to Hamilton in March 2022.
But Mulford had already strangled Harlee-Rose on 9 November 2021 and the girl was taken to Tauranga Hospital where Mulford said the injuries were accidental and happened when Harlee-Rose was out of her sight.
Justice Campbell said the move to Hamilton took Mulford away from her family support and on 3 April Mulford sent a text message to Niven saying she was "so over looking after and caring for a child" that Niven had chosen to keep and give birth to.
"That it was so stressful looking after a kid that was not yours and that you were struggling," Justice Campbell said.
He said on 9 April, Mulford either punched, stomped or kicked Harlee-Rose with extreme force in the stomach.
"Harlee-Rose suffered catastrophic internal injuries, including a massive liver laceration, a pancreas that was split in two, internal bleeding and damage to her bowel.
"She would have started showing symptoms and become unconscious within minutes."
Mulford went outside and told Berry the girl was unresponsive and he did CPR before taking her to hospital where she died early the next morning.
Justice Campbell said the offending included serious violence on a vulnerable child who was dependent on Mulford, and that it breached the family unit.
He said Mulford grew up in a loving family but suffered a traumatic incident in her early adolescence and suffered psychological issues after that.
She turned to alcohol and drugs but rather than being on either when she committed the crime, the judge said Mulford reacted impulsively as she did when she was overwhelmed and stressed.
He credited her for seeking help straight away.
Justice Campbell did not accept the Crown's argument Mulford was not suitable for rehabilitation because she lacked insight into her offending.
The judge set a starting point of seven years' imprisonment but discounted it by 20 percent for Mulford's youth and psychological issues, ending with a sentence of five years and seven months.
Where to get help
Family Violence
- Women's Refuge: 0800 733 843.
- It's Not OK 0800 456 450.
- Shine: 0508 744 633.
- Victim Support: 0800 842 846.
- HELP Call 24/7 (Auckland): 09 623 1700, (Wellington): 04 801 6655.
- The National Network of Family Violence Services NZ has information on specialist family violence agencies.
