Tammy Waller avoids jail a second time for threatening to gas her 17-month-old daughter to death

Despite not being able to kick her drug habit, a mother who threatened to “light up” her 17-month-old daughter in a “gassed-out suicide” has avoided jail again.

A drugged-up mother who sent her ex-partner horrific messages about threatening to “light up” their 17-month-old daughter was given another chance to avoid jail.

Tammy Elizabeth Waller, 44, couldn’t kick her drug habit after being sentenced for following through on her threat by turning on the gas.

Waller was sentenced last year to two years and six months jail, with a non-parole period of one year and five months.

Due to Waller’s remorse and rehabilitation efforts, the sentence was suspended on a $100, two-and-half-year good-behaviour bond.

However, Waller found herself back before the District Court on Thursday after she breached the bond by returning a positive drug test.

Tammy Waller dodged jail for threatening to kill her daughter. Photo: Facebook

A prosecutor asked for Waller’s suspended sentence to be revoked, saying she had been warned by Judge Joana Fuller about the consequences of ongoing methamphetamine use.

Brad Dittmar, for Waller, acknowledged the breach wasn’t trivial but said his client was continuing on the right path and making progress.

“Ms Waller, to her credit I think she hit rock bottom around the subject offending that led to the bond,” he said.

“This is a woman who has had issues with substance abuse her whole life.

“Unfortunately it’s a crutch for her.

“Ms Waller is trying and continuing to try. It’s going to be a long road.”

During sentencing, the court heard Waller sent her ex-partner a series of messages on August 14, 2020, threatening to kill their 17-month-old daughter.

“The messages were quite explicit, for example: ‘Goodbye, just remember that I love you and you drove me to this, kill all three of us’,” Judge Fuller said.

Waller also wrote: “Every gas knob is on high, I’ll light us up soon, KA BOOM. You think I’m joking, well, I’m not, gas tastes good. Try me Steve, we are gone, we are dead and be nothing but bodies in a bag”.

The court heard Waller also sent her neighbour a message saying: “Can you send Steve a message and tell him to watch the news? Gassed-out suicide, he knows who it is”.

Waller’s neighbour messaged her back saying she could smell gas and asked her to turn it off.

“She turned off the gas at the meter. She tried to get into your house but you would not let her in,” Judge Fuller said.

The Hackham West mother-of-five pleaded guilty to threatening life.

Judge Fuller said she accepted Waller’s account that the gas wasn’t on long enough to risk any harm to her daughter.

“You said that your behaviour had been a cry for help to get your ex-partner’s attention,” she said.

On Thursday, Judge Paul Muscat excused Waller’s breach and imposed no further penalty but warned her she may not get a second chance next time.