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Appeals over starved mother dismissed

Author
NZ Newswire ,
Publish Date
Thu, 14 Dec 2017, 2:39PM
Cindy Taylor is appealing her sentence in the Court of Appeal.
Cindy Taylor is appealing her sentence in the Court of Appeal.

Appeals over starved mother dismissed

Author
NZ Newswire ,
Publish Date
Thu, 14 Dec 2017, 2:39PM

An Auckland trio who let an elderly woman starve to death while laying in her own urine and faeces have had appeals against their jail terms dismissed.

Ena Lai Dung, 77, died in her Manurewa home on January 16, 2015, weighing only 29kg and stripped half-naked.

READ MORE: Daughter under pressure at work when mother starved, Court hears

Her daughter Cindy Taylor, 43, was last August convicted of manslaughter for fatally neglecting Ms Dung and sentenced to 12 years' jail.

She received a further 15-month term for keeping almost $37,000 in pension payments intended for Ms Dung and another uncle.

Two others, Luna Taylor, 56, and Brian Taylor, 62 - who lived with Ms Dung and Cindy but aren't relatives - were also sentenced to six years' and three months' and six years' jail respectively for failing to protect a vulnerable adult.

Ms Dung "died a lonely, painful and miserable death", prosecutors said during the trio's trial.

Having suffered 14 fractured ribs, Ms Dung was for weeks left bedridden on a plastic sheet covered in faeces and urine, where she developed sores and ulcers and received no pain relief medication.

Ambulance officers described Ms Dung as looking like a "scarecrow" when they were called in after her death.

Justice Edwin Wylie sentenced Cindy Taylor to the longest jail term for Ms Dung's death because she was directly responsible for her mother's care.

Cindy in November appealed the "excessive" length of her sentence, saying a starting point of eight years was more appropriate because she had not assaulted her mother, but instead only neglected her.

But Court of Appeal Justice John Kos dismissed this on Thursday, saying the level of neglect and Cindy's failure to provide pain relief to Ms Dung was comparable to a physical assault.

He also dismissed an appeal asking for a good character discount on account of her having no prior convictions.

This did not apply because Cindy had not only neglected her mother over a long period of time but had been dishonestly claiming her uncle's pension payments for the 18 months prior, he said.

The court also dismissed appeals by Luana and Brian Taylor, saying he did not agree with their arguments that their roles in Ms Dung's neglect were overstated and that consequently their sentences were excessive.

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