Baby killer Mark Albert Smith assaults another child

A former miner and convicted baby killer has faced court for shaking a second infant so brutally the baby was left with a traumatic brain injury.

Mark Albert Smith, 42, pleaded guilty to one charge of assault occasioning bodily harm when he faced Hervey Bay District Court on Wednesday.

A convicted baby killer has been sentenced to three years in prison for another horrific attack on a child.

Mark Albert Smith, 42, pleaded guilty to assault occasioning bodily harm when he faced Hervey Bay District Court on Wednesday, February 1.

Crown prosecutor Stephanie Gallagher said the charge related to the shaking of a baby in 2020 at Maryborough.

Smith, who was previously known as Mark Albert Shoesmith, was found guilty of manslaughter in the previous case by a jury in Townsville Supreme Court after a trial.

He was 27 years old at the time of the incident in December 2007, which resulted in a baby’s death.

Ms Gallagher said Smith had killed that baby by either hitting her in the head or hitting her head against an object.

The baby, Rose-Marie Williams, died after her life support was switched off five days after she was taken to hospital.

During Smith’s then trial, intensive care consultant Dr Emma Hothersall, who treated the infant in the hospital emergency department, said her brain injuries were so severe surgery was not an option.

Smith appealed his first conviction and was granted another trial. But another jury later found him guilty, the court heard.

Smith was sentenced to eight years in prison after he was convicted of the manslaughter of Rose-Marie Williams.

Ms Gallagher said the injuries caused to Rose-Marie were “significant” and that Smith had “concocted a story” to try to conceal what he had done.

She said three months after his sentence for Rose-Marie’s manslaughter had expired, he committed the fresh offence.

Baby killer Mark Albert Shoesmith leaves the Townsville Supreme Court.

The latest incident had resulted in the baby suffering a traumatic brain injury, Ms Gallagher told the court.

It was not yet known whether the injury would cause permanent brain damage, she said.

“To treat a baby in this way is callous and cruel,” Ms Gallagher said.

Defence barrister Phillip Hardcastle said his client had previously worked in the mines.

He had completed courses while in custody, he said.

Judge Michael Burnett said Smith had a “highly prejudicial upbringing” and had been educated to Year 8.

He said Smith’s offending was against a “defenceless child”.

Smith was sentenced to three years in prison with a parole release date of July 1, 2023, taking into account time already served.

Smith was also placed on a child protection register for five years.