Daniel James Gallagher jailed for five years over daughter’s death in bathtub

A Queensland father has been jailed for five years after his baby daughter drowned in a bathtub while he was smoking and using his phone to access Facebook.

Daniel James Gallagher pleaded guilty to the manslaughter of his baby daughter Leah Jayde.

A man charged with the manslaughter over his own baby daughter after she drowned in a bathtub has been sentenced to five years’ jail.

Daniel James Gallagher, 27, pleaded guilty to the manslaughter of Leah Jayde on April 2 last year in Hervey Bay.

Brisbane’s Supreme Court heard that on that morning Gallagher, who was separated from Leah’s mother, put the nine month old girl in the bath with the water running.

An electrical fault at the home prompted him to leave Leah unsupervised but the court heard he also had a cigarette and used his phone to access Facebook before returning to find his daughter “floating face down”.

He called triple-0 and attempted CPR on Leah, the court heard.

Daniel James Gallagher was jailed for five years over the manslaughter of his nine-month-old daughter Leah Jayde Gallagher.

Paramedics arrived and attempted CPR which was witnessed by Leah’s mother who had arrived at the property.

Little Leah was taken to Hervey Bay Hospital where she was pronounced dead.

Crown prosecutor Chris Cook said Gallagher was to be sentenced for a “negligent killing” and estimated he had left Leah unsupervised for about seven minutes.

“This was more than inattention … his actions caused an entirely avoidable death,” he said.

“The victim impact here is of course extreme.”

The court that just days before the death a similar incident had occurred where Leah’s mum attended Gallagher’s home and found Leah unattended in the bath on her stomach while he had a cigarette.

However Mr Cook said there was no intent or malice in Gallagher’s actions.

“He is remorseful no doubt about that,” he said.

Barrister Andrew Hoare said his client has no criminal history and was remorseful.

“My client will always have the guilt of his conduct,” he said.

“He has insight into his offending.”

Mr Hoare said his client had failed to anticipate the risk of his actions.

“My client has appreciated that his conduct won’t just have an effect to him but … to everyone who loved his daughter,” he said.

Justice Peter Applegarth said Gallagher’s negligence had “devastating consequence for many”.

“The incident a few days prior should have acted as a wake up call,” he said.

Justice Applegarth found Gallagher was remorseful and had co-operated fully with authorities.

He said Leah’s mother’s victim impact statement was “profoundly moving”

“She described the excruciating experience she’d had to endure,” he said.

“Your former partner has experienced great pain psychological damage.

“She feels her daughters’ life was robbed from her.”

Justice Applegarth drew a distinction between Gallagher’s moral culpability “and others whose negligence leads to death … through violence”.

“Yours wasn’t an act of violence,” he said.

“Nonetheless there is serious culpability here.”

He sentenced Gallagher to five years’ jail, to be suspended after 15 months.