27 Nov 2017

Woman who left mother to die 'stressed' at the time

3:33 pm on 27 November 2017

A woman found guilty of leaving her mother to die in her own waste was extremely stressed at the time, her lawyer has told an appeal hearing.

09082016. Photo Rebekah Parsons-King. Pike River families want mine's CEO to face charges. Court of Appeal Wellington.

Photo: RNZ / Rebekah Parsons-King

Cindy Taylor's elderly mother Ena Dung was found dead in her bed in January 2015.

At Taylor's original trial, the High Court was told Mrs Dung was covered in open sores, and weighed just 29kg.

The 76-year-old also had 14 broken ribs and a broken breastbone.

Taylor was sentenced to 13 years and three months' jail after being found guilty of her mother's manslaughter and two dishonesty charges, for withdrawing $36,000 of her dead mother and uncle's pensions.

Taylor's lawyer Richard Keam told the Court of Appeal today the judge in the original case made his sentencing decision with a starting point that was far too high.

Mr Keam said his client was stressed, was working long hours and had to travel long distances for her job.

It was not as if she was sitting at home watching her mother suffer, he said.

He told the court it was wrong to say Taylor felt no remorse and, prior to moving in with her mother, she had never committed any other offences.

The original case also led to Taylor's flatmate, Luana Taylor, being jailed for six years, three months, while Luana Taylor's husband Brian Taylor was jailed for six years for failing to help the 76-year-old.

The couple are also appealing their sentences.

Luana Taylor's lawyer Kathryn Maxwell told the court her client's sentence was manifestly excessive.

It was based on unclear evidence about when Mrs Dung actually started to experience the extreme weight loss that led to her death.

Ms Maxwell also argued her client was not directly responsible for the death - but did not stop it.

As a result, the starting point for the judge to work out her sentence was also too high.

Brian Taylor's lawyer Peter Eastwood said his client should have got a far lower sentence than his wife, because he felt that as a man he had no business going into the bedroom of an older woman.

He had, however, asked his wife about Mrs Dung's wellbeing, Mr Eastwood said.

Crown lawyer Karen Grau quoted a pathologist who said Ena Dung had more fractures than any other victim on whom he had conducted an autopsy.

Taylor faced no real difficulties in looking after her mother, she just chose to do other things, Ms Grau told the court.

Mrs Dung had no dementia and had been healthy until her decline.

Ms Grau also repeated the Crown's position that Cindy Taylor showed no remorse.

Mrs Dung's deterioration could not have gone unnoticed over the 10 to 14 day period before she died, because of the bad smells coming from her room.

Both Brian and Luana Taylor appeared to have shut their eyes to the suffering that was going on in their house, Ms Grau said.

Mr Taylor could not absolve himself of responsibility by saying he was a man and so it was not his place to do anything about a woman's condition, she said.

That was contrary to legislation imposing a duty of care on people when a tragedy was happening in their view.

The judges have reserved their decision.

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