Toowoomba mum in court for breaching sentence imposed for malnourished baby rushed to hospital

After an unresponsive and pale blue newborn was rushed to hospital for lifesaving treatment, a Toowoomba mum pleaded guilty to failing to care for the child. Now, she’s back in court. See why

A Toowoomba woman was sentenced for the crime in 2018, however she was brought back to court after she failed to complete a community service order – which was the only punishment imposed. FILE PHOTOS

A “near death” newborn was rushed to a Darling Downs emergency department, unresponsive and pale blue, after the baby’s mother failed to care for the child during its first seven weeks of life.

The Toowoomba woman was sentenced for the crime in 2018, however she was brought back to court after she failed to complete a community service order – which was the only punishment imposed.

Magistrate Kay Philipson said it was astounding the woman failed to complete the community service order given she was granted “significant leniency”.

The woman completed less than 40 hours of her 120 hour court order.

No conviction was recorded for the crime, however Ms Philipson changed that when dealing with the breach.

The court was told the baby had pale blue skin, was unresponsive, gasping, and had no fat stores or muscle bulk with visual sagging skin, skin folds, and protruding ribs. Picture: Peta McEachern

When the woman was sentenced for the breach on Monday, June 12, Ms Philipson read some facts of the case into the record.

She said the seven-week-old baby was diagnosed with severe malnutrition at the hospital, and upon arrival, it weighed 1.71kg – almost half of its birth weight which was 2.95kg.

The court was told the baby had pale blue skin, was unresponsive, gasping, and had no fat stores or muscle bulk with visual sagging skin, skin folds, and protruding ribs.

“I find the offence extremely concerning,” she said.

“(The baby) was in a life-threatening state upon (its) presentation and was near death.

“There was no medical reason to explain (it).

“It was noted the parents did not appreciate the severity of his condition and didn’t seek urgent medical attention.

“(The child’s father) believed the child may have needed care, and said he wanted to take the baby to see a doctor but you declined.”

The court was told after the baby spent a number of days in an intensive care unit, it quickly gained weight. Picture: istockphoto

The court was told after the baby spent a number of days in an intensive care unit, it quickly gained weight. Ms Philipson said the woman was granted leniency because of her significant rehabilitation efforts and ability to get a job with an agency that worked with at-risk children.

“Clearly significant sympathy was shown in relation to your situation – you’re clearly still extremely upset by the situation, but to me (your behaviour), it’s completely inexplicable,” she said.

“I note that your lawyer at the time and (police) prosecution were pushing for probation at that time, but the magistrate considered (otherwise).

“A sentence of imprisonment is clearly within range… imposing a fine would do more to make things hard for your children, who are now in your care.”

The mother was sentenced to a three month jail term, which was suspended for nine months.

If the woman commits another crime while on the suspended sentence, she will likely spend time behind bars.

A conviction was recorded.

Originally published as Toowoomba mum in court for breaching sentence imposed for malnourished baby rushed to hospital