Citation: Regina v Mika and Sagato [2000] NSWSC 852
Court: Supreme Court of New South Wales
Date: 11 August 2000
Judge(s): Michael Grove J
Background
A three-year-old boy died on 17 June 1999 after his mother forced water into his throat in the belief that she was performing an exorcism to expel a demon she believed had possessed him. The mother and her children were staying at the home of the two offenders: her cousin (Mika) and his wife (Sagato). The mother was subsequently found not guilty of manslaughter on the ground of mental illness.
Mika and Sagato were both members of the same Samoan Assembly of God congregation as the mother. The fatal incident occurred after a prolonged evening of escalating religious conduct, during which the mother had already subjected other children to similar treatment. A third person, a woman known as Peka, who had an informal reputation within the congregation for dealing with spiritual problems, was also present throughout.
Both Mika and Sagato pleaded guilty to manslaughter. The sentencing proceedings concerned the appropriate penalty for their supporting roles in the death, rather than the direct act of drowning.
Legal Issues
- What sentence was appropriate for each offender given their secondary, supportive roles in the fatal act?
- What weight should be given to the offenders' genuine but mistaken religious beliefs when assessing moral culpability?
- Whether a suspended sentence was an appropriate outcome, given the gravity of the offence and the particular circumstances.
Decision
Michael Grove J described the circumstances as "unusual, indeed bizarre." The court accepted that the offenders had been raised in an environment of intense religious conditioning and that their participation arose from a genuine, if deeply misguided, belief that an exorcism was being performed. The court noted that the exorcism was not part of the orthodox practice of the Assembly of God congregation.
The court characterised the offenders' roles as supporting rather than primary. Mika held the child's mouth open while the mother poured water in, and both he and Sagato helped restrain the struggling child. The court also noted that Mika had initially threatened to call the police and had earlier told the mother to leave the children alone, before ultimately participating in the fatal act.
The Crown accepted that full-time custody was warranted in principle but did not oppose suspension of the sentence. Grove J, drawing on the earlier decision in Vollmer and the recommendations of the Probation Officer, concluded that a fully suspended two-year sentence with conditions, including a parenting skills requirement, was the appropriate outcome for each offender.
Orders Made
- Each offender sentenced to two years imprisonment, with no non-parole period specified.
- Each sentence suspended in full for two years.
- Each offender released on a two-year good behaviour bond on the following conditions:
- To appear before the Court if called upon during the two-year period.
- To be of good behaviour.
- To notify the Registrar of the Supreme Court of any change in residential address.
- To attend the Child Protection Family Services, or an alternative directed counselling service, for the purpose of addressing parenting skills.
Key Takeaways
- Genuine religious belief, even where sincerely held, does not excuse participation in conduct that causes death; however, it may be a relevant factor in assessing the degree of moral culpability for sentencing purposes.
- Where an offender's role is secondary and supportive rather than the direct cause of death, this distinction bears on the appropriate sentence, though it does not remove criminal responsibility for manslaughter.
- A fully suspended custodial sentence was open on these facts, where the Crown did not oppose suspension and the offenders' participation was characterised as arising from religious delusion rather than malice or cruelty.
- The sentencing court considered the offenders' cultural and religious background as context, while making clear that the conduct remained a serious criminal offence.
- Conditions targeting parenting skills were attached to the good behaviour bonds, reflecting the child-protection dimension of the offending.
Legislation and Cases Referenced
Cases:
- R v Vollmer (referenced but not further identified in the provided text)
Legislation:
- No specific legislation was identified in the metadata or provided text beyond a general reference to statutory requirements governing the disposition of the mother following her mental illness verdict.