Mother’s downfall detailed in court during sentencing for bub’s death

She was an “attentive mother” whose behaviour “degenerated” under the influence of a worsening methamphetamine addiction. The downfall of Lina Marie Daley has been laid bare in court.

She was an “attentive mother” whose behaviour “degenerated” under the influence of a worsening methamphetamine addiction, a court has heard.

And then one evening in September 2018, Lina Marie Daley “carelessly” left her methamphetamine within reach of her son Makavelii Leoni, Justice Jim Henry said.

In the Cairns Supreme Court on Thursday, Justice Henry ultimately concluded that 13-month old “Maka”, as he was known, ate the drug.

The court heard how over the course of the night, Makavelii was crying with a cough, and agitated, and in the morning Daley was trying to soothe him.

While in the bath, Makavelii began turning blue and was in distress, the court heard.

He vomited twice, and CPR was commenced.

“Eventually an ambulance was called, and your son died soon after arriving at Cairns Base Hospital,” Justice Henry said.

“He died from methylamphetamine toxicity. The amount of methylamphetamine in him being in the fatal range, even for an adult.”

Makavelii Leoni’s mother Lina Daley helping police with their investigations at a White Rock home in September 2018. PICTURE: BRENDAN RADKE

Daley pleaded guilty to the manslaughter of her son in court on Thursday, where the 23-year-old’s sentencing, which began on October 18 but was delayed because of time constraints, resumed.

Justice Henry imposed an eight and a half year jail term, with a parole eligibility date of March 23, 2022.

The sentence puts a bookmark in a horrific chapter for both the family of Makavelii Leoni’s father Brendan Leoni, and Daley’s family.

The court heard Daley and Mr Leoni formed their relationship at the age of 13.

Defence barrister Josh Trevino QC described it as a “difficult and highly dysfunctional relationship”, marred by serious violence “committed by Mr Leoni against Ms Daley”.

Justice Henry said it was against that background and against the background of Daley’s growing methylamphetamine abuse that Mr Leoni and Daley split up and she moved into the White Rock home of her new boyfriend Michael Yeatman.

The court heard that on September 23, Daley and Yeatman had been out and others were taking care of Makavelii.

They arrived home, where they began playing loud music in the bedroom where Makavelii was sleeping – the same bedroom where Daley kept her drugs, the court heard.

Justice Henry described the manslaughter of Makavelii as a failure to meet a duty of care “because of your drug-addled criminal negligence.”

Lina Marie Daley with Makavelii Leoni. pic Facebook

Daley also pleaded guilty to trafficking street level quantities of cannabis and methamphetamine between June 1, 2018 and May 22, 2019, and 20 summary charges that included enter premises and commit indictable offence, unlawful use of motor vehicle, stealing, possess dangerous drugs, common assault, possession of a knife in a public place and failure to appear.

Mr Trevino said Daley’s upbringing had been difficult and unsettled due to her own mother’s drug use and “peripatetic criminal lifestyle”.

“One of the great tragedies of this case is that Ms Daley was a capable, caring, loving mother, in spite of all the difficulties she had experienced and in spite of her very young age,” he said.

“And it really is the use of methylamphetamine that was her downfall and the ultimate cause of her son’s death.”

Of Daley’s methamphetamine use, Justice Henry remarked: “That anyone thinks that they are immune to the properties of the drug, that they and they alone can take it and then won’t be tempted to take it again and again is remarkable given how notorious it is”.

“You join a long conga line of people who thought they could take the drug and it would be okay.

“You as so many others before you were of course wrong in that choice.”

He also noted the “voluminous evidence” before him showing Daley’s efforts to address her drug and psychological issues, describing it as “an impressive accumulation of credit-worthy rehabilitative progress”.

In setting a parole eligibility date of March 23, 2022, Justice Henry took into account Daley’s 888 days already served in custody.

Originally published as Mother’s downfall detailed in court during sentencing for bub’s death