MPI for life imprisonment – vulnerability of victim -infanticide- grievous bodily harm (GBH)-recklessness as to whether injury or death ensued-intent to cause injury – foreseeability – concurrent sentencing- conscious disregard- jury trial conviction- admissibility and reliability of evidence
The King v Michael John Topp [2024] NZHC 1958 per Hinton J
Michael John Topp was found guilty of the murder of his three-month-old daughter, Baby H. He was also found guilty of causing Baby H grievous bodily harm with intent to cause grievous bodily harm and causing grievous bodily harm with intent to cause injury.
Baby H was born on 2 October 2021. On 31 December 2021, after her mother, Ms F, had been up all night with her, Baby H was left in Topp’s care.
At 11:20am, Topp recorded a video of Baby H smiling. But at 12:18pm, Topp was searching Google for “what to do when baby chokes”. Ten minutes later he woke Ms F, who found Baby H unresponsive. An ambulance was called and Baby H was limp and struggling to breathe upon arrival at hospital.
Baby H died on 2 January 2022, due to complications from blunt force head trauma. She had significant head injuries, including brain haemorrhages, ocular haemorrhages, spinal injuries and multiple limb fractures. The injuries were inflicted on at least three occasions, including the fatal incident.
Topp initially maintained that Baby H choked on a bottle but later admitted to shaking her. The jury accepted that Topp caused all the baby’s injuries and found him guilty of murder, concluding he intentionally applied force to Baby H, reckless as to whether death ensued .
Topp was sentenced to life imprisonment with a minimum period of imprisonment of 17 years. He received two years’ imprisonment for causing grievous bodily harm with intent to cause grievous bodily harm and one year imprisonment for causing grievous bodily harm with intent to cause injury. All sentences were to be served concurrently.
For the murder conviction, the prosecution had to prove the defendant intentionally inflicted injuries that resulted in death. The jury in this case concluded that Topp intentionally applied force to Baby H, reckless as to whether death ensued, which satisfied the intent requirement for murder.
Topp was also found guilty of causing grievous bodily harm with intent to cause grievous bodily harm and with intent to cause injury. These charges require proof that the defendant intentionally inflicted serious injury, demonstrating a lesser but still significant level of intent compared to murder. The concept of recklessness was central to the murder conviction.
The jury found that Topp was reckless as to whether his actions would result in death, meaning he foresaw the risk of death but proceeded anyway. Recklessness involves a conscious disregard of a substantial risk that the result (death or grievous bodily harm) will occur.
The sentencing for murder involved a mandatory life sentence, with the judge determining a minimum period of imprisonment (MPI) based on the severity of the crime and other factors.
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