Mason Lee inquest sentencing appeal: Prosecutors argue killer should have been jailed for at least 10 years
The mother of little Mason Lee who was jailed for manslaughter and child cruelty over his tragic death could be eligible for parole next month, but lawyers in a Brisbane court are today arguing for her and the boy’s step-father to spend more time behind bars.
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BABY Mason Jet Lee’s killer should have been sentenced to a minimum of 10 years’ jail, lawyers for the State argue.
Crown Prosecutor Michael Byrne QC, for Queensland’s Attorney-General, on Friday appeared in the Court of Appeal in Brisbane, pushing for higher jail terms for the 22-month-old baby’s mother, Anne Maree Lee, and her then-partner William Andrew O’Sullivan.
Lee earlier this year admitted to child cruelty and the manslaughter of the toddler, who died in June 2016, days after O’Sullivan punched him so hard it ruptured the little boy’s intestines.
Lee was sentenced in the Brisbane Supreme Court to nine years’ jail after pleading guilty to manslaughter.
She was handed a sentence of 3.5 years behind bars for the child cruelty offence but because she had already spent 937 days in custody, Lee will be eligible for parole as early as July 19 this year.
Baby Mason’s stepfather was given a nine-year sentence for beating the child.
O’Sullivan admitted to the crime and was found guilty of manslaughter, a charge that could see him walk free in four years with time already served.
The State lodged its appeal earlier this year.
Mr Byrne argued O’Sullivan’s sentencing judge, Chief Justice Catherine Holmes, erred in failing to order a serious violent offender declaration for the man, which requires a defendant to serve 80 per cent of their sentence before being eligible for parole.
He also argued O’Sullivan’s sentence was manifestly inadequate and he should have been given a minimum of 10 years’ jail, not nine.
“A sentence below 10 years was unreasonable and plainly unjust,” Mr Byrne said in his written submissions.
He argued a sentenced between 10 and 12 years with a declaration of a serious violent offender should have been imposed for the manslaughter charge and a 2-3 year jail term for O’Sullivan’s offence of child cruelty against baby Mason would have been more appropriate.
Mr Byrne also called on the court to consider the community response to the sentences and provided details derived from focus groups held by the Queensland Sentencing Advisory Council, which have been tabled in parliament.
The State argues Lee’s cruelty sentence should also be varied to match O’Sullivan’s culpability because of her gross neglect.
“She was the actual parent and she did see and interact with the child at a time when his health was deteriorating,” he said, adding that Lee left Mason with the violent drug user O’Sullivan, despite his agonising pain.
Mr Byrne argued Lee should be re-sentenced and ordered to serve all of the nine years’ jail before being released, saying sentencing Judge, Justice Jean Dalton, erred in allowing Lee to be eligible for release on parole as early as next month.
The hearing continues and the Queensland Court of Appeal is expected to reserve their decision.
Originally published as Mason Lee inquest sentencing appeal: Prosecutors argue killer should have been jailed for at least 10 years
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