No conviction for Auckland babysnatcher

A YOUNG nanny’s accomplice who kidnapped a newborn baby as she slept in her cot will not be blighted with a conviction, the Court of Appeal has ruled.

The Crown challenged the sentence given to Sydnee Shaunna Taulapapa (19) after she snatched a baby girl from her cot early on August 9 last year.

She had been deceived by her delusional cousin, Nadene Faye Manukau-Togiavalu (22), into fulfilling her pregnancy fantasy.

Manukau-Togiavalu was working for the family as their nanny at the time.

It was one of the most bizarre cases to reach Auckland’s courts this year.

Manukau-Togiavalu went to great lengths to carry out her scheme — including a hoax baby shower and pregnancy suit to convince her family and friends she was pregnant.

At Taulapapa’s sentencing in April, Justice Peter Woodhouse discharged her without conviction but ordered her to complete 400 hours’ community work and pay $2000 to the baby’s parents, or a children’s charity.

After pleading guilty, Manukau-Togiavalu was sentenced by Judge Nicola Mathers to three years’ imprisonment in July. She was convicted of kidnapping, burglary, criminal harassment, making an intimate visual recording and dishonestly using a document.

Taulapapa had also pleaded guilty to kidnapping and burglary in April, but the Crown wanted her convicted.

At a Court of Appeal hearing in late August, Crown solicitor James Carruthers said Justice Woodhouse gave too much weight to Taulapapa’s employment consequences if blighted by a conviction.

‘‘This was still a premeditated and masked burglary of a family home and the kidnapping of the family’s baby,’’ he said.

Taulapapa’s counsel, Nicholas Chisnall, said a conviction would ‘‘frustrate [Taulapapa’s] ability to seek employment’’.

Giving the Court of Appeal’s reasons yesterday, Justice Forrie Miller said the central question of the appeal was ‘‘how much allowance should be made for youth and cultural influences’’. ‘‘In this case Ms Taulapapa did have a career in mind,’’ he said.

‘‘Although she had not done anything about joining the army, it was open to the judge to find a real and appreciable possibility that she would do so.’’

Justice Miller said the three judges, which included Justices Jillian Mallon and David Gendall, assessed the gravity of Taulapapa’s offending as ‘‘low’’ and less serious than Justice Woodhouse did.

After the appeal hearing, the baby’s parents, who have permanent name suppression, told The New Zealand Herald they believed Taulapapa ‘‘knew full well what she was doing’’.

‘‘Our world was turned into a living nightmare after Sydnee crept up our back steps, broke into our home wearing a balaclava and kidnapped our newborn baby,’’ the father said.

❛ This was still a premeditated and masked burglary of a family home and the kidnapping of the family’s baby