A woman whose baby was injured as she tried to save his life has escaped a conviction, with a judge saying she has suffered enough.

The woman, who has permanent name suppression to protect the identities of her children, appeared at the High Court in Auckland on Thursday after earlier pleading guilty to a charge of wounding with reckless disregard.

Justice Grant Powell discharged her without conviction.

In November 2019, the woman was about 30 weeks pregnant and living with her partner in Northland, the court heard.

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She returned home one day to find her partner had killed himself. As the woman tried to save her partner, she went into labour.

Her baby was born that same day and was flown to Auckland’s Starship Children’s Hospital where he spent 10 weeks in the neo-natal intensive care unit.

The baby suffered ongoing health complications, including apnoea.

In May 2020, the woman – now living in Auckland – was feeding her 6-month-old baby when he became unresponsive and it appeared he was not breathing.

The woman began giving him “back blows” and became panicked when they had no effect. Holding him around the ribs, she ran to the bedroom without supporting his neck and head, which were shaken back and forward repeatedly.

The criminal charge stemmed from those actions.

However, Justice Powell said the woman did not deliberately shake her baby.

“The shaking occurred because his head was unsupported in the brief period you ran to the bedroom.”

The woman tried to give the baby CPR before calling 111 in an “acutely distressed state”.

When paramedics arrived, they gave the baby CPR and he began breathing again.

The court heard the woman had suffered from a range of mental health issues, including PTSD since the death of her partner.

“It’s no wonder this further increased your panic and there is medical evidence to suggest that the previous trauma you have gone through would have affected your response to the situation you found yourself in when you found him unresponsive and unconscious,” Justice Powell told her.

“It is no wonder then when you found him unresponsive you panicked and continued panicking the more so as your attempts to revive him was unsuccessful.”

The baby had made a full recovery, Justice Powell said.

However, prosecutor Matt Nathan said even a panicked parent would not have carried a child in a way that would cause such injuries.

“There must have been an appreciation that conduct could have caused injury,” he said.

Nathan submitted the appropriate sentence was one of supervision and for the woman attend counselling.

The court heard an Oranga Tamariki supervisor had spent 720 hours alongside the woman and assessed her as an exemplary parent.

The woman’s lawyer, Emma Priest, said it was a “unique and unprecedented case”. The woman had rung 111 in an immediate desire to help her son.

“It was an isolated incident against the background of the most tragic circumstances,” Priest submitted.

“PTSD flashbacks were all part of it.”

Priest said a conviction for the woman, who had “suffered unimaginable tragedy”, would do more harm than good.

“Her son was born on the day her husband died that alone presents a significant trauma and then to have to explain she was responsible for causing him harm … that is a consequence in itself.”

Justice Powell said for the woman, seeing her her child in pain and knowing she had caused it was punishment enough.

Where to get help

• Kidsline 0800 54 37 54 for people up to 18 years old. Open 24/7.
• Lifeline 0800 543 354
• Rural Support Trust 0800 787 254
• Samaritans 0800 726 666
• Suicide Crisis Helpline 0508 828 865 (0508 TAUTOKO)
• Youthline 0800 376 633, free text 234, email talk@youthline.co.nz, or find online chat and other support options here.
• Anxiety New Zealand 0800 ANXIETY (0800 269 4389)
• If it is an emergency, click here to find the number for your local crisis assessment team.
• In a life-threatening situation, call 111.