Chaotic scenes as father sentenced for manslaughter of five-month-old son

Emotional scenes have erupted at Brisbane Supreme Court as a man was jailed for the manslaughter of his baby son.

Family of a five-month-old baby who died at the hands of his father say they are outraged that the man will walk from prison in two years.

Kozan Samuel Thomas Ware sat quietly through proceedings at Brisbane Supreme Court as he learnt his fate for the death of his five-month-old son Adrian Joshua Wommie Ware.

Audible sobs and cries were heard from members of the public gallery as the court was told that Ware would be eligible for parole in April 2023.

Kozan Samuel Thomas Ware has been jailed for the manslaughter of his five-month-old son in 2017.

Adrian’s uncle Kargun Fogarty told reporters outside that he felt a great injustice had been done.

He remembered Adrian as a “beautiful baby” with a charisma about him.

“They valued my nephew’s life at only four years to be served, we don’t find that adequate enough,” Mr Fogarty said after the sentencing.

“Time won’t heal this wound … we’re still carrying that little baby.”

A heavy security presence was required as abuse was whispered to Ware through Thursday’s proceedings.

One woman screamed he hoped he was “raped” in jail, while others told him they loved and supported him as he was led off to the cells.

Ware, 35, had pleaded guilty earlier this year to Adrian’s manslaughter.

The court was told that Ware was living with Adrian and the baby’s mother in March 2017.

Ware pleaded guilty. Picture: Steve Pohlner

On March 22, 2017, she left the home and did not return as she was angry at Ware and “sick” of being left at home to look after the baby.

Crown prosecutor Caroline Marco said Ware contacted family and friends in the following days worried about running out of food and baby supplies.

She said he indicated in texts to one person that he was “stressing out” because a crying Adrian was “pissing him off” and he was “going to end up killing him soon”.

Adrian Joshua Wommie Ware was found unresponsive.

On March 28 a “cold and blue” Adrian was unable to be woken by Ware.

Ware had earlier sent a family friend a text containing 27 screaming or crying face emojis and another saying “help me”.

Paramedics attended and found the distressed Ware with Adrian, who had dried blood on his nose and appeared “pale and cold to touch”.

Despite attempts to revive the baby, he was pronounced dead at hospital.

Ms Marco said a pathologist opined the child had suffered a head injury that caused his death, potentially from blunt force trauma or shaking.

Adrian also had a cut to his upper lip that may have been caused by a dummy forcefully being put into his mouth.

Ware told police that he last saw Adrian alive at 3am that morning after giving him a bottle.

“He described the baby’s breathing as short, sharp infant breaths and thought it was normal through teething,” Ms Marco said.

He later said Adrian had fallen from a sink or bed in the days preceding his death.

“He did not admit to police any act that could have caused (Adrian’s) injuries,” Ms Marco said.

The court was told that Ware accepted the basis of responsibility, ast at the time he was the adult who had care and custody of the baby.

“Adrian sustained an injury to his head that caused his death … (and) the defendant did not provide an explanation to account for the infliction of the injury to the police,” Ms Marco said.

“But the defendant accepts he is responsible for inflicting the head injury by shaking and or inflicting blunt force trauma in the early hours of the morning.”

The court was told Ware (pictured) struggled to care for Adrian in the days before his death.

Justice Helen Bowskill said it was “the most tragic” circumstance that led to the baby’s death.

“It is difficult for anybody to appreciate the loss of a baby in circumstances such as this and the ramifications extend in your family and to others,” she said.

Ware was sentenced to nine years’ jail but will be eligible for parole in April 2023 with more than two years already served.

Defence barrister Kim Bryson submitted that Ware was stressed and sleep-deprived when he found himself looking after three children on his own.

Despite this, he managed to perform “normal parenting duties” in the days before Adrian’s death by shopping for groceries and preparing meals.

Ms Bryson said Ware wanted to reconnect with his family, who had since moved away.

“He has demonstrated obvious and demonstrated remorse for his actions,” she said.

The court was told there was no suggestion Ware had been abusive towards Adrian in the lead-up to his death.