Killer Mouat appealing sentence of home detention
A woman who admitted killing her husband in Taranaki has appealed her sentence of home detention.
In October Justice Peter Churchman sentenced Susan Elizabeth Mouat to 11 months home detention for the manslaughter of Bruce Mouat in 2011.
Bruce died in hospital after being pushed by his wife and falling down steps outside their Ha¯ wera home in July 2011 and hitting his head on a concrete paver.
Mouat repeatedly denied her involvement in his death telling police she was in bed when Bruce returned home drunk from a work function and fell outside. The investigation was closed with no charges being laid and the coroner ruled the death to be an accident.
In the Court of Appeal in Wellington on Monday, Mouat’s lawyer, Russell Fairbrother QC, sought the sentence of home detention to be commuted to community detention.
Charlotte Brook, Crown Law, said the appeal was on the grounds the sentencing judge had incorrectly assessed Mouat’s culpability and the starting point was too high.
Mouat’s lawyer, Russell Fairbrother CQ, said she had pushed Bruce so she could close the door and return to the house for some ‘‘peace and quietness’’ and it had been unfortunate he had hit the concrete rather than the grass, NZME reported.
‘‘This wasn’t a case where you could assess a starting point by looking at comparative cases. Really, one has to, with respect, look at the actual fault of the appellant on this occasion,’’ he said.
‘‘My argument is the push itself could be regarded as relatively benign . . . the push, along with intoxication, has the element of danger which warranted a manslaughter charge.’’
Brook said the crown submitted the sentencing judge correctly assessed Mouat’s culpability and his starting point, of imprisonment was correct.
Churchman found a community detention sentence would not be enough to address Mouat’s rehabilitative needs after she admitted to a probation officer she had started drinking again.
He also imposed three post release conditions to help her deal with her addiction issues.
The Appeal Court judges reserved their decision.
It wasn’t until five years after Bruce was killed that Mouat was charged with his manslaughter.
Guilt got the better of Mouat who had 17 previous convictions, the majority for violence and threats towards Bruce - and in 2016 she confessed to detectives she had pushed him in the chest in self defence telling them keeping the secret had made her sick.
She told police she hadn’t intended to hurt her husband, who had taken a protection order out against her in 2006 three years before the couple married, but had just wanted him to leave when he came home extremely drunk.
Despite her admission to police Mouat maintained her not guilty plea until September 2017 when she unexpectedly changed it on the day her trial was due to start.