The actions of a woman who bit the top off her sister's little finger during a drunken fight were ''excessive and quite cruel'' because the sister would be disfigured for the rest of her life, a Dunedin judge said yesterday.
Kerry Ann Byrne (32), farm worker, of Dunedin, was sentenced to seven months' home detention and ordered to pay $1500 reparation for intentionally injuring her sister during the incident just after 1am on November 10 last year.
Byrne earlier admitted the indictably-laid charge which was amended from one of disfiguring with intent to cause grievous bodily harm.
At sentencing in the Dunedin District Court, Judge Michael Crosbie said it was clear the defendant and her sister were both intoxicated and were arguing, that the argument escalated and the sister lunged at Byrne, pinning her to the floor.
While trying to free herself, Byrne turned her head and bit her sister's knee. The sister put her hand on Byrne's face, pushing her head away to stop the biting and her little finger went into the defendant's mouth.
Byrne bit down with so much force, she severed the top half of the finger, then spat it on the floor, the judge said.
Surgery to reattach the top of the finger was unsuccessful and the victim was now disfigured.
Crown counsel Richard Smith said the Crown was not opposed to a community-based sentence. But a two-year prison term, reduced by six months to allow for the guilty plea, was the appropriate starting point for penalty. It was accepted that could be converted to home detention, Mr Smith said.
Byrne had been candid with the pre-sentence report writer ''to her detriment'' and had acknowledged her alcohol and cannabis use.
The defendant told Judge Crosbie she last used cannabis about a month ago and was warned that, on a community-based sentence, she could expect to be tested for drugs. If she tested positive, she would be brought back to court for re-sentence and would go to jail.
Public defender Campbell Savage said it appeared Byrne was ''a violent drunk''. But the fact she had been off alcohol since the incident last November should give the court some hope such a thing would not happen again.
She had paid work and her employer was willing to support her through her sentence. She would be able to pay the $1500 reparation at $150 a fortnight.
At the age of 32, the defendant had some prior convictions, but not for violence, the judge said. She had clearly been ''quite drunk'' at the time of the offending, but had been candid with the probation officer, offering no excuse for her behaviour and accepting responsibility for the injury to her sister.
There had apparently been some relationship difficulties between the two women and the key seemed to be the defendant's use of alcohol and drugs.
Although restorative justice had not happened, through some breakdown in communications with the police, he hoped it might be possible during the sentence, the judge said.
In addition to home detention, probation recommended alcohol and drug counselling and a domestic violence programme for the defendant. Her sister wanted her to get the help she needed and believed the only way she would get that help would be if she was forced to do programmes for drugs, alcohol and anger, Judge Crosbie told Byrne.
''But, as you know, you can lead a horse to water, but you can't make him drink,'' the judge said. Byrne could ''do as many courses as you like'' but she had to want to make them work. She knew she had to be a role model for her children.
As part of her detention, Byrne is to be subject to zero tolerance for drug or alcohol use. If she tested positive she was likely to be brought back to court and would serve the rest of her sentence in prison. Judge Crosbie ordered permanent suppression of the victim's name.
