Ashley McGregor found guilty of manslaughter and criminal neglect of baby Alvin

A father has been found guilty of killing his newborn baby after shaking him because he wouldn’t stop crying. Read the judge’s reasons.

Ashley John McGregor was found guilty of manslaughter but guilty of criminal neglect. Photo: File

A father has been found guilty of killing his newborn baby after a judge determined he either shook or threw him in a moment of frustration.

On Wednesday, Judge Paul Muscat found the baby’s father Ashley John McGregor, 34, guilty of manslaughter and the criminal neglect of his three-week-old son, Alvin.

Ashley John McGregor was found guilty of manslaughter and criminal neglect. Photo: File

Rebecca Denton outside the District Court after giving evidence. Picture: Roy VanDerVegt

Prosecutor Michael Foundas told the District Court in his opening that McGregor had been in a relationship with Rebecca Denton who gave birth to Alvin on April 4, 2021.

He was left to take care of Alvin on April 21, 2021 while Denton was out shopping.

The court heard Denton received a panicked call from McGregor that afternoon who told her he had accidentally knocked over the bassinet, which Alvin was in.

The court heard Alvin was “hysterically” crying and Denton rushed home.

The court heard Alvin’s condition deteriorated over the next 40 hours before he was rushed to Noarlunga Hospital “completely unresponsive”.

In his published reasons, Judge Muscat said he was satisfied beyond a reasonable doubt that McGregor inflicted the injuries on Alvin in the 10 minute window of opportunity between when he finished speaking with Denton about the bassinet incident and when she returned home.
“I find he did so because he was unable to deal with Alvin crying for 10 minutes,” he said.

“I find this resulted in the defendant losing control of his emotions and reacting inappropriately and instantly through his frustration in not being able to settle Alvin’s crying.”

Judge Muscat said McGregor took hold of Alvin around the chest, deliberately squeezed him tightly and either shook or threw him, possibly striking a surface such as the frame of the bassinet.

This resulted in Alvin’s rib fractures, bruising, head injuries and haemorrhages to the retinas.

In also finding McGregor guilty of criminal neglect, Judge Muscat said it would have been obvious to McGregor that Alvin’s deteriorating condition was the result of shaking him.

“He failed to seek timely medical care for Alvin,” he said.

In his closing submissions last month, Chris Allen, for Mr McGregor, told the court only Denton or his client could have been responsible for Alvin’s injuries and they both had the opportunity.

However, Judge Muscat said he accepted Denton’s evidence that she did not inflict the rib fractures and head injuries on Alvin.

Denton – who pleaded guilty to a charge of criminal neglect over her role in not seeking medical attention for Alvin – was sentenced to over four years jail last year.

She was ordered to serve the sentence on home detention.

McGregor, who is in custody, will face sentencing submissions next month.

Originally published as Ashley McGregor found guilty of manslaughter and criminal neglect of baby Alvin