An elderly multiple sclerosis sufferer who shot dead her husband has avoided a prison sentence.
Dale Wickham, 62, was in October found not guilty of murder but guilty of the manslaughter of her husband, John, in their Massey, west Auckland home last year.
She was today sentenced to 12 months home detention, Justice Rebecca Ellis concluding that a sentence of imprisonment would severely exacerbate her multiple sclerosis.
The judge took the unorthodox step of telling Wickham the sentence before giving her reasoning, saying it was clear that anxiety and stress could greatly affect her health, as was seen during her trial when Wickham collapsed and was taken to hospital as the jury considered its verdict.
Wickham appeared frail as she moved through the court building, supported by a walking stick and family members, and was often tearful in the dock.
Wickham killed her husband with a single shotgun blast on October 10 last year. The court was told she did this after he threw a bottle of spirits at her, attempted to throttle her and told her "I'll gut you like a fish".
She had phoned police but her husband was dead by the time they arrived.
The couple had been married for 41 years. The court was told that the couple's relationship deteriorated in the year before his death and he started seeing other women and psychologically abusing her.
One witness told the court that Mr Wickham had said he would put his wife "out of her misery" when her condition got too bad, Justice Ellis said.
While the jury rejected Wickham's self defence argument, the killing came about because of the abusive nature of the couple's relationship and Wickham's genuinely held fear for her safety, which prompted her to store the loaded gun in her bed, the judge said.
"There is no denying that pointing a loaded gun at someone is an act of extreme recklessness but I accept that you were very scared."
The judge also accepted defence counsel's assertion that Wickham's multiple sclerosis made her feel that less options were available to her in dealing with the confrontation with her husband.
"I suspect that a person without MS would not feel so trapped and vulnerable and have more command over their emotional reactions."
A pre-sentence psychological report also stated the "pattern of cognitive and emotional distortion" that was evident in Wickham's reaction was common in woman who had been in prolonged abusive relationships.
It was apparent that Wickham was a loving and loyal person and was more concerned for others' wellbeing than her own, Justice Ellis said.
She was her own harshest judge and had an overwhelming sense of guilt over what she had done and was at risk of becoming depressed or suicidal.
Crown prosecutor Ross Burns had called for a sentence of imprisonment, saying while Wickham commanded a great deal of sympathy, this must not outweigh sympathy for her victim and the interests of the community.
At the conclusion of her address, Justice Ellis said "your life is not over, Mrs Wickham".
NZPA
source: newshub archive
