Bid to have conviction overturned fails

A ROTORUA mother has failed in her attempt to have a conviction of illtreatment of a child overturned, following a car crash when she was driving ‘‘significantly’’ intoxicated.

Kirsty Bentley was found guilty of one charge of illtreatment of a child following a jury trial in the Rotorua District Court.

The charge of illtreating a child related to a crash, which happened when Bentley lost control of the vehicle and crossed the centre line. The car then rolled.

Her 7monthold daughter was restrained in a car seat at the time of the crash, and suffered bruising but no other injuries.

Bentley entered a guilty plea and was charged with five other offences related to the same crash.

Bentley was under the influence of alcohol at the time of the offending and was upset after an argument with her partner.

She had appealed against her conviction in the Court of Appeal last month, specifically raising an issue around the prosecution’s lack of proof that she appreciated her conduct was likely to cause suffering or injury at the time of the offence.

A ruling dismissing the appeal was released yesterday.

A summary of facts published with the Court of Appeal decision outlined how Bentley and her daughter had been returning from a family holiday in Ohope to their home near Okere Falls in the Rotorua district at the time of the crash.

A disagreement over whether to make a detour to visit her mother in Kawerau caused a ‘‘heated’’ argument. Her partner drove there nevertheless and arrived around noon.

When Bentley got out of her car, her partner drove off with their daughter. She called him, asking him to return to meet her at her mother’s house, and he turned up some time later.

The trio left Kawerau but continued to argue. A disagreement over the music in the car resulted in her partner punching her on the side of her head, then pulling over and jumping out of the car.

When he walked off, she tried to locate him but had no luck.

Despite having consumed around eight rum and cokes on the journey, she then jumped behind the wheel.

The court document noted it was a remote rural location with no public transport, and the distance to the couple’s home was over 25km.

She was only a short distance from home when she lost control, crossed the centre line and went off the road — causing the vehicle to roll on to its side.

In the initial decision made in the Rotorua District Court, the jury was directed to consider whether Bentley’s conduct had been likely to cause injury to her daughter, as well as whether her conduct was intentional. — NZME