Jake Luscombe: Musswellbrook man jailed for manslaughter of seven-month-old baby Alyviah Hayne

A northern NSW man who shook a baby girl to death has finally learned his fate for the manslaughter of the helpless seven-month-old. Here’s the latest.

Luscombe was sentenced in Coffs Harbour.

A North Coast man who shook a seven-month-old baby to death back in 2015 has finally faced sentencing and is set to spend years behind bars.

Mum Brooke Skinner’s worst nightmare came true after she found her seven-month-old girl Alyviah Hayne unresponsive and in cardiac arrest about eight years ago.

It took years for the truth surrounding the little girl’s death to emerge.

Earlier this year in Grafton Local Court, Ms Skinner and Alyviah’s dad Mason Hayne watched on as Muswellbrook man Jake Luscombe, now aged 27, pleaded guilty to manslaughter.

The court had heard Luscombe became frustrated with baby Alyviah and shook her, resulting in fatal injuries to the baby’s head and brain.

Alyviah went into cardiac arrest. File image.

Luscombe, then aged 20, and Ms Skinner lived in South Grafton together at the time, but by December of that year “there was tension in the relationship”, the court heard.

On December 3, Ms Skinner woke to change the nappy of her young daughter who “was behaving normally and observed to be laughing and smiling”.

Ms Skinner left Alyviah with Luscombe for only 40 minutes.

She returned home to find her baby unresponsive, with froth around her nose.

Paramedics arrived and determined Alyviah was in cardiac arrest.

Alyviah was pronounced deceased at Grafton Hospital at 2.18pm.

Alyviah was pronounced dead in 2015. File image.

In a previous sentencing hearing, Luscombe’s barrister told the court his client had been targeted five times since December while in custody on remand.

Corrective Services moved Luscombe to a different prison complex, and his barrister told the court his client would “almost certainly” need to be put in protective custody.

Luscombe’s barrister said his client was an “immature caregiver” who had an “inability to regulate himself” leading to “impulsive outbursts”.

However, Luscombe has shown remorse for his offending.

He wrote a letter to the court, which was “inarticulate”, but demonstrated his contrition.

Luscombe asked for less time in prison and more time on parole.

The Crown prosecutor told the court Luscombe had been trusted with the wellbeing of a vulnerable child and risks in custody “could not overwhelm” the seriousness of the crime.

It was argued Luscombe’s contrition came too little, too late after he initially lied to police about what happened – and resulted in a Coronial inquest being called.

Luscombe faced Coffs Harbour District Court for sentencing years after baby Alyviah’s death.

The court heard Luscombe took part in two police interviews, on December 4, 2015, and February 17, 2016, during which he gave the same account and denied responsibility.

In one interview, Luscombe even claimed “that (Ms Skinner) started shaking (the baby) and lost control”, court documents state.

A 2015 autopsy was inconclusive about the cause of Alyviah’s death, but the 2020 inquest resulted in a referral to the Department of Public Prosecutions.

Luscombe was arrested and charged with the manslaughter of Alyviah on October 5 last year.

On Tuesday, Judge Jennifer English sentenced Luscombe to five years and ten months behind bars, with a non-parole period of four years.

Originally published as Jake Luscombe: Musswellbrook man jailed for manslaughter of seven-month-old baby Alyviah Hayne