A domestic violence victim has avoided jail time over her “impaired” ability to care for her infant, who was found close to death.
But the boy’s father — who a court heard had spat on the boy who suffered serious injuries — will spend at least two years and four months behind bars.
Jeremy Neil Capper, 34, and his former partner Ebanee Gayl Coad, 34, each pleaded guilty to the criminal neglect of their then four-month-old boy.
The infant suffered for weeks and was found with severe dehydration, kidney failure, severe nappy rash and a fractured skull, tibia and ribs.
Doctors found the child “close to death” after he was taken to the Port Pirie Hospital on September 13, 2018.
He needed to be flown to the Women’s and Children’s Hospital in Adelaide for urgent intensive treatment.
The couple, who married in 2016 and share four children, were charged following a police investigation.
The pair appeared in the South Australia District Court on Tuesday, where it was revealed Capper had spat on his infant son in the lead up to his hospitalisation, was violent toward him and cancelled doctors’ appointments after his birth.
During their sentencing hearing, Judge Liesl Kudelxjmtzywka said there were likely signs of the child’s deterioration in the days leading up to his presentation.
She said police attending the couple’s home the following day found it in an “appalling state”, with rodent faeces in one room, a rubbish bin overflowing with soiled nappies and the stench of rotting food, vomit, and faeces, while their bedroom was “immaculate”.
The judge said Coad — who suffered numerous mental health issues — knew something was wrong with her son, but Capper barred her from leaving the home or getting doctors involved.
The judge added she was a victim of coercive control and physical and sexual violence at the hands of Capper.
He only allowed her out of the house once a week while in his company, stopped her from having a mobile phone or seeing friends and her sister and listened to all phone conversations she had with her grandmother.
“He was often aggressive, yelling, shouting and screaming, including throwing objects around the house. He pulled your hair, spat on you, slapping, kicking and pushing you against the wall,” Judge Kudelka said.
“You tried to walk out on multiple occasions, but he stood in the driveway preventing you from leaving and on the occasions you did manage to leave the house, he chased you and your children and caught up with you.”
Coad’s three-and-a-half year jail sentence was suspended, because the violence she experienced “impaired” her ability to protect her son.
Judge Kudelka said the defendant was genuinely remorseful and wanted professional help to get herself “back together again”.
“You’ve been through a lot and I’m sure reliving all of that this morning would have been traumatic,” the judge told her.
“What happened to (your child) was terrible but what happened to you is not something many people have experienced as well.
“Take all the professional help you can get and above all, stay safe.”
The mother had black eyeliner running down her face as she cried throughout her hearing.
She made no comment outside court.
Capper, who appeared via video link, was handed a prison term of four years and seven months, but could apply for parole after two years and four months.
Judge Kudelka said his lack of relevant prior convictions, remorse and rehabilitation prospects had been considered for his “lengthy” non parole period.
“Babies are amongst the most vulnerable members of the community. They’re defenceless, totally dependent upon responsible adults for their care, safety and well being,” she said.
“Your four-month-old baby almost died because of your failure to care for him.”
