Charges against teenager dropped in Mason Lee death

ALL charges have been dropped against a teenager alleged to have been involved in Caboolture toddler Mason Lee’s death.

Mason Lee died at his stepfather’s Caboolture home on June 11, 2016, where Ryan Robert Barry Hodson was a lodger or boarder.

ALL charges have been dropped against a teenager alleged to have been involved in Caboolture toddler Mason Lee’s death.

Ryan Robert Barry Hodson, 18, will walk free from court today after Brisbane Supreme Court justice David Jackson found he could not be legally responsible for cruelty to the child.

Ryan Hodson leaves the Supreme Court in Brisbane after being cleared over the death of Mason Lee. Picture: AAP/Glenn Hunt

Hodson, who was 17 when Mason Lee died, was originally charged with manslaughter alongside the child’s mother Annemaree Louise Lee and stepfather William Andrew O’Sullivan, but his charges were downgraded last week.

Hodson was discharged on all counts today after spending about 400 days behind bars.

Earlier, Justice Jackson launched a scathing criticism of plans to allow Hodson to plead guilty, saying it would set a “dangerous precedent”.

Police at the Caboolture house after emergency services were called in 2016. Picture: Claudia Baxter

The Courier-Mail last week revealed Hodson, who boarded with the boy’s parents, would plead guilty to a downgraded charge of child cruelty and was expected to be sentenced today.

Instead, Justice Jackson expressed “concerns” the legal elements of the offence were not substantiated by the allegations made against Hodson.

In particular, that he had never been in “lawful care or charge” of Mason Lee, despite being left alone with the child for three short periods when he was unwell on the day before he died.

“He moved into the house … he was either a lodger or a boarder,” Justice Jackson said.

“Prior to that he was homeless or a couch surfer …

Mason Lee had suffered multiple injuries, including a ruptured intestine allegedly from a blow to the abdomen which led to sepsis.

“There is no statement that he ever agreed to take care of Mason Lee and no statement he ever did anything by the way of changing a nappy or (giving him a) bottle.

“And now he says he’s in his charge and I’m concerned whether that’s a proper concession.”

The court heard Hodson suffers from learning difficulties and had just had his 17th birthday soon before Mason’s death.

Mason Lee.

Justice Jackson said given the case had received so much publicity and people had started petitions condemning Hodson, it would set a dangerous precedent for other teenagers living in homes with children who were harmed if the court sentenced him on the charge.

“This is a potentially dangerous precedent,” he said.

“There are much broader implications of trying to squeeze this case (into) that particular method analysis.”

Crown prosecutor Vicki Loury QC said the teen was an adult at the time Mason was killed and confessed to being alone with the child but not getting him medical attention.

“He is not an adult and it’s time people started talking in legal language that is accurate,” Justice Jackson said.

“You say because he admits it, it’s good enough even though in law it’s wrong?

“ ... I am concerned there is a legal error potentially involved in finding him guilty and confining him of this offence, which is the only offence he currently faces ...

“The facts I’ve been asked to act on don’t look like a case of lawful care of a child in circumstances where Mr Hodson has a lesser relationship, where he is a 17-year-old member of the household.

“I have expressed no view about morality or responsibility.

“You could say easily he’s uncaring. You can say he is irresponsible and you can say, in some respects, his speech indicated he responded in a nasty matter but it is not being said he physically in any way hurt this child or in the circumstances he assumed any responsibility to it.”

Mason died at his stepfather O’Sullivan’s Caboolture home on Saturday, June 11, 2016, after suffering multiple injuries, including a ruptured intestine allegedly from a blow to the abdomen which led to sepsis.