Free to walk from court

Woman’s torture charge downgraded to assault on her three-year-old daughter

A MUM accused of smothering her three-year-old daughter with a pillow was forced to give birth in prison while shackled to a bed, and she spent seven months in jail before her torture charge was downgraded.

The 22-year-old woman, who cannot be named for legal reasons, was charged with torture in November last year after she sent a video to her expartner with the chilling message “she’s barely breathing”.

Police alleged the video showed the child in distress but the woman was released on bail seven months later after the four-second video, which appears to show the child giggling, was played in court.

In the Southport Magistrates Court yesterday, the prosecution offered no evidence on the torture charge.

The woman pleaded guilty to a downgraded charge of common assault.

Police prosecutor Sergeant Kerryn Luppi said the woman was 32 weeks pregnant at the time and also sent messages to her on-again, off-again partner threatening to kill her unborn child.

Sgt Luppi said in the messages the woman said she would chuck her daughter in the pool and would “enjoy” killing them.

“The defendant then sent a video message showing the childild with a pillow over her head with the defendant - intentionally ly holding her down,” she said.

Sgt Luppi said the three-year-old was only returned to the mother six months before the incident, after living with another couple for almost two years.

Solicitor Michael Gatenby said the child appeared to be laughing in the video but it was his client’s intentions which m made it an unlawful assault.

“The child believes a game is being played upon her where they’re playing essentially peek-aboo,” he said.

“The holding of the pillow isn’t so forceful that you’d say it’s assault because the child’s been harmed physically or emotionally.”

Mr Gatenby said his client gave birth to her second child in custody while her hands and feet were “shackled to the bed in handcuffs”.

“The child is taken from her at birth and she doesn’t see the child for five months,” he said.

“In my respectful submission, nothing this court does will impose a greater penalty upon her than that shackling of her during birth and the immediate taking away of that child.

“Her behaviour on the night was appalling and she accepts it, but the consequences to her have been phenomenal.”

The court was told that in 2013 the woman was convicted of burglary and common assault and sentenced to two months imprisonment, to be suspended for two years.

Magistrate Cathy-Ann McLennan sentenced the woman to three months jail and ordered her to serve her previous two-month suspended sentence. The woman’s seven months in custody was considered time served and she walked free from court.