Judge cites exceptional circumstances
Justice Charles Quin imposed a two year sentence, but suspended it after hearing mitigation in the case of Laverne Olivene Gould, who had pleaded guilty to wounding her mother.
Gould, 32, had been in custody for six months.
The incident occurred in the early hours of 1 May at the home Gould and her mother shared. In August, she pleaded guilty to wounding with intent to cause grievous bodily harm. Sentencing took place on 28 October after the court received social and medical reports. The latter confirmed Gould “suffers from neuro-sensory deafness and communication with the defendant is limited because of the simplicity of sign language.”
Gould’s mother wrote to the court saying she had forgiven her daughter, whom she described as a “well-behaved, respectful and humble individual.”
Attorney Ben Tonner emphasised Gould’s previous good character and the fact that she had written a letter expressing unqualified culpability and remorse just days after the wounding.
A helpful social inquiry report did not rule out Gould’s attack on her mother could have been provoked by the boyfriend, “who clearly had a strong dislike for the complainant,” Justice Quin said.
He began his sentence ruling by summarising details of the incident that led to the charge. Gould’s mother had been asleep on a sofa in the hallway between her bedroom and her daughter’s bedroom. Some time after 1.30am she awoke feeling something cold on her neck. She opened her eyes and saw her daughter with a knife.
“The complainant said that the defendant was using both hands to saw the knife at her neck in an attempt to cut her neck,” he said. Her first reaction was to push her daughter away and then to jump up and grab her. A struggle ensued, during which Gould was shouting, “I hate you, I hate you”. Eventually the mother got the knife away from Gould and ran from the house. The mother received minor cuts to hands and arm, a cut on her ear and a long deep cut in her right hand that required surgery. The deep wound to the side of her neck required sutures.
Justice Quin said he understood the neck wound came from the initial attack, while the other injuries occurred during the struggle.
Fortunately, he noted, the injuries were not permanent.
“It is very difficult to understand what made the defendant commit the assault on her mother,” the judge acknowledged. A psychiatric report said Gould was not suffering from any major psychiatric disorder, nor did she exhibit any bizarre tendencies.
“There is some evidence that the defendant was under the influence of her boyfriend, and that may have resulted in the aberration of her judgment because she resented her mother’s dislike for her boyfriend and the fact that her mother tried to limit their relationship,” he said.
Gould’s former teacher, who served as interpreter in court, said she had never known Gould to be an indisciplined person. She said she was shocked when she heard of the violent crime. She also said she would help Gould find employment when she came out of prison.
Justice Quin said this was not an ordinary case.
“Sometimes we have exceptional cases that do not fall within the normal sentencing guidelines. I do find that the circumstances of this case are exceptional,” he said.
The judge also cited the fact that Gould’s mother wanted her to come home. “Although courts cannot act upon the victim’s recommendations, I do find that the complainant has forgiven the defendant, and I do take into account the complainant’s wishes for the defendant to return home,” he said.
In suspending the prison sentence for two years, the judge ordered Gould to stay in regular contact with her probation officer and undergo the psycho-educational programmes recommended, including Anger Management and Healthy Relationships. She must exhibit good behaviour towards her mother and abide by the conditions of a fit-person order for its duration, or until any changes are made by the relevant agency or the courts.
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