This is a case study on pleading not guilty to child homicide at the Supreme Court.
What is alleged to have occurred?
Our client was charged with the death of their second child, a baby of about one month old. It was alleged that the client violently shook the baby after their partner, the mother of the child, had left the room and the client was alone with the baby. The client later reported to their partner that the baby was faintly breathing and appeared limp. The partner called triple zero. Both parents undertook CPR on instruction of the operator. The ambulance arrived about 15 minutes after the initial report and transferred the baby to the hospital.
Medical evidence suggested that the baby had suffered severe brain swelling resulting in a brain injury and was also experiencing breathing difficulties which raised concerns as to whether a ‘non-accidental injury’ occurred. It was alleged that our client violently shook the baby which then led to the baby’s death.
What happened at court?
The client was charged with child homicide to which they pleaded not guilty.
Child homicide is punishable by a maximum penalty of 25 years imprisonment pursuant to s5A of the Crimes Act 1958 (Vic). Child homicide is different from murder because it applies to a person who, by his or her conduct, kills a child who is under the age of 6 years in circumstances that constitute manslaughter.
The matter proceeded to trial before judge and jury in the Supreme Court at Melbourne. In our client’s defence, we argued that the client denied the alleged offending and that the prosecution could not exclude the possibility that the baby was injured in some other way, by another person, and/or that the injuries caused were either deliberate or accidental. We obtained our own expert evidence to raise doubt as to whether the prosecution’s theory was plausible.
What was the result?
We supported our client throughout the lengthy court process and ultimately assisted them in being found not guilty of child homicide.
DISCLAIMER: This is a real case study of an actual case from our files. Details pertaining to the client have been changed to protect their privacy. The sentence imposed and the charge have not been altered. These case studies are published to demonstrate real outcomes and give an indication of possible tariffs in Court. We do not guarantee a similar case on these charges will get the same result. Please note that we post results at our discretion, therefore while many case studies are average results, others are notable for their exceptional outcomes. PUBLISHED 01/11/2024
