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All we know about Whyalla mother Shay Bilney who avoided jail for horrific criminal neglect of 18-month-old daughter

A young mother who left her daughter sitting in her own faeces and maggots in her nappy gave birth to another child after she was charged. See how she avoided jail.

Tiser Explains: South Australian courts system

A young mother who left her 18-month-old daughter sitting in her own faeces and maggots in her four-day-old nappy gave birth to another child after she was charged.

Shay Bilney, 26, was slammed for her “inexcusable” actions after her daughter suffered horrific injuries to her skin and was left in significant pain.
However, she walked free from court last month after a judge found her offending wasn’t malicious but in the context of poor mental health and a lack of support.

The horrific neglect

During sentencing, the District Court heard Bilney’s children were found in urine-soaked pyjamas in early July 2023, with the victim suffering from a nappy rash.

Bilney agreed to take her daughter to the doctor and no action was taken at the time.

Shay Ellen Bilney pleaded guilty to criminal neglect. Picture: Supplied
Shay Ellen Bilney pleaded guilty to criminal neglect. Picture: Supplied
She was handed a suspended sentence. Picture: Supplied
She was handed a suspended sentence. Picture: Supplied

The court heard Bilney’s uncle then attended her house on July 13, 2023 to check on her children.

“The house was dirty and there was no food,” Judge Michelle Sutcliffe said.

“Your daughter had severe nappy rash to her groin, inner legs, and lower back.”

Bilney’s uncle treated it with nappy rash cream before returning the children to her on July 17.

Four days later, Bilney called her uncle and said: ‘’You better come and get these f***ing kids because I can’t be f***ed getting up for them”.

The court heard Bilney’s uncle came to the house and found the children sitting on a dirty couch with a “strong smell of urine and faeces”.

“Your daughter appeared to be wearing the same nappy she was in four days earlier,” Judge Sutcliffe said.

Bilney’s uncle removed the victim’s pants which were full of faeces from the waist down, with her nappy appearing to have maggots in it.

The victim’s skin from her toes to her groin were blistered and there were areas of peeling skin on both legs, consistent with being in contact with urine for a long time.

“The skin changes were so severe that (the victim) was at significant risk of secondary infection without medical attention,” Judge Sutcliffe said.
A search of Bilney’s house uncovered baby bottles with spoiled milk in them, an ice pipe and a “small bag of a crystalline substance” in her bedroom.

“There was no designated sleeping area for the children, and it appeared they had been sleeping on the couch,” Judge Sutcliffe said.

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What led to Bilney’s offending?

During sentencing submissions last month, Tanya Chumak, for Bilney, told the court her client was using methamphetamine from time to time but ceased use when she fell pregnant with the victim, who was her second child.

Ms Chumak said Bilney tried hard to provide her children with a good and stable life.

“However Ms Bilney admits that following a miscarriage in early 2023 she relapsed into using methamphetamine and slowly over time her care for herself and her children deteriorated,” Ms Chumak said.

Judge Sutcliffe said a report from a psychologist concluded that the unhealthy environment Bilney grew up in meant that she “did not learn key life skills and developed maladaptive coping strategies”.

Shay Bilney relapsed back into methamphetamine use. Picture: Supplied
Shay Bilney relapsed back into methamphetamine use. Picture: Supplied

“In her opinion, your substance abuse, lack of support and absence of early intervention have been the primary contributing factors to the offence of criminal neglect,” she said.

“I accept (her) observation that the offence occurred in the context of you experiencing exceptionally poor mental health, and a lack of support, rather than malicious intent.”

The court heard Bilney gave birth to another child after being charged with the offending.

Bilney’s sentence

Judge Sutcliffe said Bilney’s actions were inexcusable but noted that she made the call for help and if she hadn’t her daughter’s condition may have been much worse.

Bilney, who pleaded guilty to criminal neglect, was sentenced to six months’ jail, which was suspended on a two-year-good behaviour bond.

She was also banned from consuming drugs and alcohol during the period of the bond.

Originally published as All we know about Whyalla mother Shay Bilney who avoided jail for horrific criminal neglect of 18-month-old daughter

Original URL: https://www.couriermail.com.au/news/south-australia/all-we-know-about-whyalla-mother-shay-bilney-who-avoided-jail-for-horrific-criminal-neglect-of-18monthold-daughter/news-story/55134025555ca4261b229b05114735f7