Child killer fails in appeal against sentence

A 17-year minimum jail sentence for a man who killed a Palmerston North toddler with a single punch to the stomach was upheld today.

Demis Peter Cheynne Paul had appealed a sentence of life imprisonment with a minimum period of 17 years imposed at the High Court in November 2005.

In December 2004, Paul, then 25, murdered 14-month-old Mereana Clement-Matete, the daughter of his partner Kim Matete, with a single punch to her stomach described by medical witnesses as massive.

A pathologist likened the injuries caused by the blow to those seen in the victims of aircraft or motor accidents.

Until five days before his trial, Paul blamed Mereana's two-year-old cousin Caleb for the injuries, saying he had jumped up and down on her.

At the time of the murder, Paul was on home detention in Palmerston North at Ms Matete's house, serving the end of a 27-month sentence for burglary, theft and drug offending.

Paul's lawyer Glenn Mason appealed the sentence, saying it was too harsh when compared with sentences given to other killers.

He argued Steven Williams, also given 17 years for killing his stepdaughter Coral Burrows, was a "much worse case".

He said there were "powerful" mitigating factors not taken into account by Paul's sentencing judge, Justice Warwick Gendall - Paul had only hit the toddler once, had endured an "appalling upbringing" himself, and had accepted responsibility for the unlawful killing, although not the murder.

In their decision released today, Court of Appeal Justices William Young, Paul Heath and John Wild said Justice Gendall had taken Paul's poor upbringing into account.

Justice Gendall had described Paul's circumstances as sad but said that was not unusual for violent criminal offenders.

Paul's remorse could only be dated from the point, six days before his trial, when he admitted his guilt.

This was insufficient to displace the 17-year minimum, the justices said, agreeing with Justice Gendall's assessment.

The appeal was dismissed.

- NZPA