Tyrell Cobb: Killer mum Heidi Strbak released after sentence suspended

The mother of Tyrell Cobb has been released from prison, after she was given a five-year sentence for killing her son.

The mother of Tyrell Cobb has been released from prison after she was given a five-year sentence for killing her son, with immediate suspension.

Justice David Boddice ordered that Heidi Strbak’s sentence be suspended after the 1148 days – just over three years – she had already spent in custody.

He said the sentence would have an operational period of five years.

Heidi Strbak, 37, was being resentenced after she successfully appealed an earlier nine-year jail term for the manslaughter in the High Court.

Heidi Strbak spent just over three years in jail. (AAP Image/Glenn Hunt)

After that, Strbak pleaded guilty to the manslaughter of Tyrell, 4, who died from blunt force trauma injuries to his abdomen, only on the basis that she failed to seek medical treatment for her son.

Justice Boddice found the blunt force trauma that caused Tyrell’s death could have been inflicted by either Strbak or her former de facto partner, Matthew Scown.

The Supreme Court judge said the Crown had failed to establish that it was Strbak who inflicted the traumatic injuries to Tyrell’s abdomen that caused his death.

Tyrell Cobb died from blunt force trauma injuries to his abdomen.

Strbak became emotional, wiping her eyes, as Justice Boddice delivered his findings.

She left the Supreme Court at 6.30pm and walked to a car, surrounded by family members. She made no comment.

In 2017, Scown was sentenced to four years in prison for Tyrell’s manslaughter but was immediately released, because he had already served two years and eight months in custody.

He was sentenced on the basis that he was criminally negligent because he failed to get medical treatment for the child.

Justice Boddice said there was evidence of past violence by Scown to Tyrell and he had given substantial inconsistent accounts.

“There is a real and reasonable likelihood that Tyrell’s traumatic injuries were occasioned by the deliberate infliction of violence by Scown to Tyrell,” the judge said.

Justice Boddice found Tyrell’s death was caused by the deliberate infliction of blunt trauma to Tyrell’s abdomen with force on two occasions between May 22 and 24, 2009.

The injuries were inflicted by either Strbak or Scown, he said.

“The Crown has not established ...that the two applications of force to Tyrell’s abdominal region were delivered by Strbak,” Justice Boddice said.

“Your conduct involved serious criminal behaviour to your own child, who relied and depended on you to protect him, “ the judge told Strbak.

“You failed dismally, with the consequence that he lost his life.”

He said by all accounts Strbak was a loving and caring mother to her child and Tyrell was a well loved, well cared for, happy child.

He said there was no evidence of past abuse or neglect of Tyrell by his mother.

“I do not doubt that you grieve every day for your lost son,” Justice Boddice said.

“His father and other loved ones also grieve that loss. It must be especially hard for them to accept his death in such circumstances.”

Tyrell’s father Jason Cobb sat in the court during the sentence.

“A failure by a parent to provide the necessities of life to their own child is criminal conduct deserving denunciation and the sentence imposed must deter others from engaging in such behaviour,” the judge said.

“Young children cannot fend for themselves. They rely and depend upon their parents.”

The judge said Strbak presented a low risk of reoffending, she had good prospects of rehabilitation and had shown co-operation and remorse by her plea of guilty.

Strbak was sentenced on the basis that she failed to provide the necessities of life to Tyrell, who had been covered in bruises at the time of his death.

The judge said Strbak’s inadequate response to Tyrell’s deteriorating condition in the days before his death could have been because she did not understand the seriousness of his condition.

The judge found both blows to the little boy were deliberately inflicted by the same person.

The judge said he had found Scown to be an unimpressive witness who was argumentative and belligerent.

Justice Boddice said Strbak’s failure to provide the necessities of life to Tyrell was a far greater breach than Scown’s, as he was not Tyrell’s parent.

But he said she had served a little over three years in actual custody, which would be more time than if she had been sentenced to seven years, with a parole eligibility date that reflected her plea of guilty.

He said the appropriate head sentence of five years would have a significant deterrent effect on Strbak.

The judge ordered the sentence to have an operational period of five years.

During the contested sentence, Crown prosecutor Philip McCarthy QC asked for a sentence of no less than nine years’ jail.

Strbak’s defence counsel, Saul Holt QC, proposed she be given a head sentence of six years, to be immediately suspended, because of the time already spent in custody.

Originally published as Tyrell Cobb: Killer mum Heidi Strbak released after sentence suspended